[F1[F2Persons whom the Ombudsman must not directN.I.
Textual Amendments
F1Sch. 3A inserted (25.9.2006) by Constitutional Reform Act 2005 (c. 4), ss. 124, 148, Sch. 15; S.I. 2006/1537, art. 3
F2Sch. 3A paras. 1-1C and cross-headings substituted for Sch. 3A para. 1 (1.4.2016) by Public Services Ombudsman Act (Northern Ireland) 2016 (c. 4), s. 64, Sch. 6 para. 4
1B(1)The Ombudsman must not direct a person under paragraph 1A if either sub-paragraph (2) or (3) applies.N.I.
(2)This sub-paragraph applies where—
(a)the person is employed in the civil service of the State;
(b)the person is a member of the House of Commons;
(c)the person is a member of the Northern Ireland Assembly;
(d)the person is engaged in political activity as a member of a political party;
(e)the person has ever been any of these—
(i)a practising barrister in England and Wales;
(ii)a practising solicitor of the Senior Courts of England and Wales;
(iii)a practising advocate in Scotland;
(iv)a practising solicitor in Scotland;
(v)a practising member of the Bar of Northern Ireland;
(vi)a practising solicitor of the Court of Judicature of Northern Ireland;
(vii)the holder of a listed judicial office.
(3)This sub-paragraph applies where the Ombudsman considers—
(a)that the person has exercised functions that appear to be of a judicial nature and such as to make it inappropriate for the person to exercise specified functions; or
(b)that past service in a capacity mentioned in sub-paragraph (5) make it inappropriate for the person to exercise specified functions.
(4)As part of the considerations under sub-paragraph (3), the Ombudsman may consult the Department of Justice.
(5)The service referred to in sub-paragraph (3)(b) is service as any of these—
(a)a Commissioner;
(b)a member of staff of the Commission;
(c)a person employed in the civil service of the State.]]