OpenLegislation

Paragraph 6 I1

England and Wales

(1)

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

(a)

the person is a member of the House of Commons;

(b)

the person is a listed authority;

(c)

the person is a member, co-opted member, officer or member of staff of a listed authority;

(d)

the person is disqualified from being a member of the Assembly (other than by virtue of F1holding office as the Ombudsman or an acting Ombudsman);

(e)

the person is disqualified from being a member of a local authority in Wales (other than by virtue of paragraph 7 of this Schedule);

(f)

the person is a care home provider, domiciliary care provider F2, independent palliative care provider or direct payment service provider;

(g)

the person is an officer or member of staff of a provider of that kind.

(2)

For the purposes of sub-paragraph (1)(g) a person is an officer of a provider if the person has control or management of a provider which is not an individual or the affairs of such a provider.

(3)

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

(4)

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

(5)

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

Annotations

Textual amendments

F1

Words in Sch. 1 para. 6(1)(d) substituted (with effect in accordance with s. 42(1)(c) of the amending Act) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 35(4)(a)

F2

Words in Sch. 1 para. 6(1)(f) substituted (1.1.2026) by Health and Social Care (Wales) Act 2025 (asc 1), s. 29(2), Sch. 2 para. 6(10)(a); S.I. 2025/1257, art. 4(b)

Commencement

I1

Sch. 1 para. 6 in force at 23.7.2019 by S.I. 2019/1096, reg. 2