OpenLegislation

Paragraph 1B F1F2

(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.

Annotations

Textual amendments

F1

Sch. 3A inserted (25.9.2006) by Constitutional Reform Act 2005 (c. 4), ss. 124, 148, Sch. 15; S.I. 2006/1537, art. 3

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