[F11(1)A person must not be appointed as the Ombudsman if any of these sub-paragraphs applies—E+W+S+N.I.
(a)he is employed in the civil service of the State;
(b)he is a member of the House of Commons;
(c)he is a member of the Northern Ireland Assembly;
(d)he is engaged in political activity as a member of a political party;
(e)he has ever been any of these—
(i)a practising barrister in England and Wales;
(ii)a practising solicitor of the Supreme Court 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;
(vii)the holder of a listed judicial office.
(2)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 (3) appears to the Lord Chancellor to make the person inappropriate for the appointment.
(3)The service referred to in subsection (2)(b) is service as any of these—
(b)a member of staff of the Commission;
(c)a person employed in the civil service of the State.]
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