SCHEDULES

F1SCHEDULE 3AThe Northern Ireland Judicial Appointments Ombudsman

Annotations:
Amendments (Textual)

F2Persons whom the Ombudsman must not direct

Annotations:
Amendments (Textual)
F2

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.