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
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.