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Constitutional Reform Act 2005
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Constitutional Reform Act 2005, Paragraph 1 is up to date with all changes known to be in force on or before 26 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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1(1)The Ombudsman is appointed by Her Majesty on the recommendation of the Lord Chancellor.U.K.
(2)A person must not be appointed as the Ombudsman if he is employed in the civil service of the State or if he has ever been any of these—
(a)a practising barrister in England and Wales;
(b)a practising solicitor of the Senior Courts of England and Wales;
(c)a practising advocate in Scotland;
(d)a practising solicitor in Scotland;
(e)a practising member of the Bar of Northern Ireland;
(f)a practising solicitor of the Court of Judicature of Northern Ireland;
(g)the holder of an office listed in Schedule 14.
(3)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 (4) appears to the Lord Chancellor to make the person inappropriate for the appointment;
(c)whether the extent of any present or past party political activity or affiliations appears to the Lord Chancellor to make the person inappropriate for the appointment.
(4)The service referred to in sub-paragraph (3)(b) is service as any of these—
(a)a Commissioner;
(b)a member of the staff of the Commission;
(c)a member of the House of Commons;
(d)a person employed in the civil service of the State.
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