SCHEDULES
F1SCHEDULE 3AThe Northern Ireland Judicial Appointments Ombudsman
The Ombudsman
1
1
A person must not be appointed as the Ombudsman if any of these sub-paragraphs applies—
a
he is employed in the civil service of the State;
b
he is a member of the House of Commons;
c
he is a member of the Northern Ireland Assembly;
d
he is engaged in political activity as a member of a political party;
e
he has ever been any of these—
i
a practising barrister in England and Wales;
ii
a practising solicitor of the Supreme Court 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 Supreme Court of Judicature of Northern Ireland;
vii
the holder of a listed judicial office.
2
Before recommending a person for appointment as the Ombudsman the Lord Chancellor must consider—
a
whether the person has exercised functions that appear to the Lord Chancellor to be of a judicial nature and such as to make the person inappropriate for the appointment;
b
whether any past service in a capacity mentioned in sub-paragraph (3) appears to the Lord Chancellor to make the person inappropriate for the appointment.
3
The service referred to in subsection (2)(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.
2
1
In this Schedule “practising” is to be read in accordance with sub-paragraphs (2) and (3).
2
A barrister in England and Wales, an advocate in Scotland or a member of the Bar of Northern Ireland is practising if he is—
a
practising as such,
b
employed to give legal advice, or
c
providing legal advice under a contract for services.
3
A solicitor of the Supreme Court, a solicitor in Scotland or a solicitor of the Supreme Court of Judicature of Northern Ireland is practising if he is—
a
acting as such,
b
employed to give legal advice, or
c
providing legal advice under a contract for services.
Sch. 3A inserted (25.9.2006) by Constitutional Reform Act 2005 (c. 4), ss. 124, 148, Sch. 15; S.I. 2006/1537, art. 3