SCHEDULES
F1SCHEDULE 3AThe Northern Ireland Judicial Appointments Ombudsman
F2Persons whom the Ombudsman must not direct
Sch. 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.
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.
Sch. 3A inserted (25.9.2006) by Constitutional Reform Act 2005 (c. 4), ss. 124, 148, Sch. 15; S.I. 2006/1537, art. 3