SCHEDULES

SCHEDULE 13The Judicial Appointments and Conduct Ombudsman

The Ombudsman

1

1

The Ombudsman is appointed by Her Majesty on the recommendation of the Lord Chancellor.

2

A person must not be appointed as the Ombudsman if he is employed in the civil service of the State or if he has ever been any of these—

a

a practising barrister in England and Wales;

b

a practising solicitor of the Senior Courts of England and Wales;

c

a practising advocate in Scotland;

d

a practising solicitor in Scotland;

e

a practising member of the Bar of Northern Ireland;

f

a practising solicitor of the Court of Judicature of Northern Ireland;

g

the holder of an office listed in Schedule 14.

3

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 (4) appears to the Lord Chancellor to make the person inappropriate for the appointment;

c

whether the extent of any present or past party political activity or affiliations appears to the Lord Chancellor to make the person inappropriate for the appointment.

4

The service referred to in sub-paragraph (3)(b) is service as any of these—

a

a Commissioner;

b

a member of the staff of the Commission;

c

a member of the House of Commons;

d

a person employed in the civil service of the State.