# Justice (Northern Ireland) Act 2002, Paragraph 1B


(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.

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Source: https://www.legislation.gov.uk/ukpga/2002/26/schedule/3A/paragraph/1B (the official version)
Page: https://openlegislation.uk/justice-northern-ireland-act-2002/schedule-3A/paragraph-1B
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.