Public Services Ombudsman Act (Northern Ireland) 2016

Eligibility

2.—(1) A person is disqualified from being appointed as the Ombudsman if the person is a member of—

(a) a district council,

(b) the Assembly,

(c) the House of Commons,

(d) the House of Lords, or

(e) the European Parliament.

(2) Where a person who is the Ombudsman—

(a) is nominated as a candidate for election to a body listed in sub-paragraph (1), or

(b) becomes a member of a body listed in sub-paragraph (1),

that person ceases immediately to be the Ombudsman.

3.—(1) A person is disqualified from being appointed as the Ombudsman if the person is disqualified from being a member of the Assembly.

(2) Where a person who is the Ombudsman—

(a) is appointed to an office which would disqualify the person from being a member of the Assembly,

(b) takes employment which would disqualify the person from being a member of the Assembly, or

(c) becomes a member of a body which would disqualify the person from being a member of the Assembly,

that person ceases immediately to be the Ombudsman.

(3) In this paragraph “disqualified from being a member of the Assembly” means disqualified from being a member of the Assembly under the Northern Ireland Assembly Disqualification Act 1975 as applied by section 36(1) of the Northern Ireland Act 1998.

(4) But references to disqualification from being a member of the Assembly do not include disqualification by virtue of being—

(a) the Ombudsman, under Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975, or

(b) the Northern Ireland Judicial Appointments Ombudsman, under Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975.

4.—(1) A person is disqualified from being appointed as the Ombudsman if the person is—

(a) a listed authority,

(b) a member, officer or member of staff of a listed authority.

(2) A person who is the Ombudsman is disqualified from being—

(a) a listed authority,

(b) a member, officer or member of staff of a listed authority.

5.—(1) A person is disqualified from being appointed as the Ombudsman if the person—

(a) holds any other office,

(b) holds employment, or

(c) is a member of a body,

in respect of which remuneration or expenses are payable.

(2) A person who is the Ombudsman must not—

(a) be appointed to any other office,

(b) take employment, or

(c) become a member of a body,

in respect of which remuneration or expenses are payable.

(3) This paragraph has no effect in relation to a particular office, employment or membership if—

(a) the person gives notice of it to the Assembly Commission—

(i) before becoming Ombudsman, or

(ii) before being appointed to the office, taking the employment, or becoming the member, as the case may be, and

(b) the Assembly Commission is of the opinion that the office, employment or membership would not compromise—

(i) the ability of the Ombudsman to discharge functions under this Act, and

(ii) the independence of the Ombudsman.

(4) But—

(a) a person is not disqualified from being appointed as Ombudsman by virtue of being the Northern Ireland Judicial Appointments Ombudsman,

(b) the Ombudsman is not prevented from being the Northern Ireland Judicial Appointments Ombudsman.