(1)The OLC—
(a)must appoint a person to act as Chief Ombudsman for the purposes of the ombudsman scheme, and
(b)may, with the consent of the Chief Ombudsman, appoint one or more other persons to act as assistant ombudsmen for those purposes.
(2)The person appointed under subsection (1)(a) must be a lay person.
[F1(3)It is a condition of appointment under subsection (1)(b) that the person appointed must not during the appointment carry on for or in expectation of any fee, gain or reward—
(a)any activity which is a reserved legal activity, or
(b)a regulated claims management activity (within the meaning given by section 417(1) of the Financial Services and Markets Act 2000 (definitions))]
(4)Each person appointed under subsection (1)(a) or (b) must be a person appearing to the OLC to have appropriate qualifications and experience to act as an ombudsman for the purposes of the ombudsman scheme.
(5)In this Act a reference to an “ombudsman” (except in the expressions “ombudsman scheme”, “Chief Ombudsman” and “assistant ombudsman”) is a reference to the Chief Ombudsman or an assistant ombudsman.
(6)A person's appointment as Chief Ombudsman ceases if that person ceases to be a lay person.
(7)The terms and conditions on which a person is appointed as an assistant ombudsman must specify the consequences of a breach of the condition imposed by subsection (3).
(8)Subject to that, a person's appointment as an ombudsman is to be on such terms and conditions (including terms as to the duration and termination of a person's appointment and as to remuneration) as the OLC considers—
(a)consistent with ensuring the independence of the person appointed, and
(b)otherwise appropriate.
(9)Appointment as an ombudsman does not confer the status of Crown servant.
(10)In this section “lay person” has the same meaning as in Schedule 15.
Textual Amendments
F1S. 122(3) substituted (29.11.2018 for specified purposes, 1.4.2019 in so far as not already in force) by The Financial Services and Markets Act 2000 (Claims Management Activity) Order 2018 (S.I. 2018/1253), arts. 1(2)(3), 95(3)
(1)The Chief Ombudsman must prepare a report for each financial year on the discharge of the functions of the ombudsmen.
(2)A report under this section must comply with any requirements specified by the OLC.
(3)The OLC must publish any requirements specified for the purposes of subsection (2).
(4)As soon as reasonably practicable after the end of each financial year, the Chief Ombudsman must give the OLC a copy of the report prepared under this section for the year.
(5)In this section “financial year” has the meaning given by section 118(7).
(1)The OLC may require the Chief Ombudsman to prepare and give the OLC, within a specified period, a report in respect of any specified matter relating to the functions of the ombudsmen.
(2)In subsection (1) “specified” means specified in the requirement.