Justice (Northern Ireland) Act 2002 (c. 26)

SCHEDULES

[F1 SCHEDULE 3A N.I. The Northern Ireland Judicial Appointments Ombudsman

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 Circumstances where Ombudsman ineligible to exercise specified functions N.I.

Textual Amendments

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

1 (1) The Ombudsman is ineligible to exercise specified functions if either sub-paragraph (2) or (3) applies. N.I.

(2) This sub-paragraph applies where the Ombudsman—

(a) is engaged in political activity as a member of a political party; or

(b) 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 Ombudsman has exercised functions that appear to be of a judicial nature and such as to make it inappropriate for the Ombudsman to exercise specified functions; or

(b) that past service in a capacity mentioned in sub-paragraph (5) makes it inappropriate for the Ombudsman 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.]]