xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

Valid from 12/10/2005

SCHEDULES

SCHEDULE 1E+WPublic Services Ombudsman for Wales: appointment etc.

DisqualificationE+W

5(1)A person is disqualified from being the Ombudsman or an acting Ombudsman if any of the following applies—

(a)he is a member of the House of Commons;

(b)he is a listed authority;

(c)he is a member, co-opted member, officer or member of staff of a listed authority;

(d)he is disqualified from being a member of the Assembly (other than by virtue of paragraph 6 of this Schedule or section 12(1)(ca) of the Government of Wales Act 1998 (c. 38));

(e)he is disqualified from being a member of a local authority in Wales (other than by virtue of paragraph 6 of this Schedule).

(2)The appointment of a person as the Ombudsman or an acting Ombudsman is not valid if the person is disqualified under sub-paragraph (1).

(3)If a person who has been appointed as the Ombudsman or an acting Ombudsman becomes disqualified under sub-paragraph (1), he ceases to hold office on becoming so disqualified.

(4)But the validity of anything done by a person appointed as the Ombudsman or an acting Ombudsman is not affected by the fact that he is or becomes disqualified under sub-paragraph (1).

Commencement Information

I1Sch. 1 para. 5 wholly in force at 1.4.2006; Sch. 1 para. 5 not in force at Royal Assent see s. 40; Sch. 1 para. 5(1)-(3) in force for certain purposes at 12.10.2005 and Sch. 1 para. 5 wholly in force at 1.4.2006 by S.I. 2005/2800, arts. 3(a), 5(1)(3), Sch. 1 Pt. 1

6(1)A person who holds office as the Ombudsman or an acting Ombudsman is disqualified from—E+W

(a)being a listed authority;

(b)being a member, co-opted member, officer or member of staff of a listed authority;

(c)holding a paid office to which appointment is by a listed authority.

(2)A person is not disqualified under sub-paragraph (1) from being a member of the Assembly.

Commencement Information

I2Sch. 1 para. 6 wholly in force at 1.4.2006; Sch. 1 para. 6 not in force at Royal Assent see s. 40; Sch. 1 para. 6 in force for certain purposes at 12.10.2005 and wholly in force at 1.4.2006 by S.I. 2005/2800, arts. 3(a), 5(1)(3), Sch. 1 Pt. 1

Valid from 01/04/2006

7(1)A person who has ceased to hold office as the Ombudsman or as an acting Ombudsman is disqualified for the relevant period from—

(a)holding an office which is a listed authority;

(b)being a member, co-opted member, officer or member of staff of a listed authority;

(c)holding a paid office to which appointment is by a listed authority.

(2)The relevant period is the period of three years starting on the date on which the person ceased to hold office as the Ombudsman or (as the case may be) as an acting Ombudsman.

(3)But sub-paragraph (1) does not disqualify a person from—

(a)being a member of the Assembly;

(b)holding the office of presiding officer or deputy presiding officer of the Assembly or of Assembly First Secretary or Assembly Secretary;

(c)being a member or co-opted member of a local authority in Wales;

(d)holding the office of chairman, vice-chairman or elected mayor of a local authority in Wales.

8E+WThe references in paragraphs 6 and 7 to a paid office include an office the holder of which is entitled only to the reimbursement of expenses.

Commencement Information

I3Sch. 1 para. 8 wholly in force at 1.4.2006; Sch. 1 para. 8 not in force at Royal Assent see s. 40; Sch. 1 para. 8 in force for certain purposes at 12.10.2005 and wholly in force at 1.4.2006 by S.I. 2005/2800, arts. 3(a), 5(1)(3), Sch. 1 Pt. 1