Applicant Information Pack
Annex B - Public Services Ombudsman Act (NI) 2016 Schedule 1
Eligibility for appointment to the office of Ombudsman, and to continue in office, is dealt with in Schedule 1 of the Ombudsman Act –
2.—(1) A person is disqualified from being appointed as the Ombudsman if the person is a member of —
(a) a district council,
(b) the Assembly,
(c) the House of Commons,
(d) the House of Lords, or
(e) the European Parliament.
(2) Where a person who is the Ombudsman —
(a) is nominated as a candidate for election to a body listed in sub-paragraph (1), or
(b) becomes a member of a body listed in sub-paragraph (1),
that person ceases immediately to be the Ombudsman.
3.—(1) A person is disqualified from being appointed as the Ombudsman if the person is disqualified from being a member of the Assembly.
(2) Where a person who is the Ombudsman —
(a) is appointed to an office which would disqualify the person from being a member of the Assembly,
(b) takes employment which would disqualify the person from being a member of the Assembly, or
(c) becomes a member of a body which would disqualify the person from being a member of the Assembly,
that person ceases immediately to be the Ombudsman.
(3) In this paragraph “disqualified from being a member of the Assembly” means disqualified from being a member of the Assembly under the Northern Ireland Assembly Disqualification Act 1975 as applied by section 36(1) of the Northern Ireland Act 1998.
(4) But references to disqualification from being a member of the Assembly do not include disqualification by virtue of being —
(a) the Ombudsman, under Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975, or
(b) the Northern Ireland Judicial Appointments Ombudsman, under Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975.
4.—(1) A person is disqualified from being appointed as the Ombudsman if the person is —
(a) a listed authority,
(b) a member, officer or member of staff of a listed authority.
(2) A person who is the Ombudsman is disqualified from being—
(a) a listed authority,
(b) a member, officer or member of staff of a listed authority.
5.—(1) A person is disqualified from being appointed as the Ombudsman if the person —
(a) holds any other office,
(b) holds employment, or
(c) is a member of a body,
in respect of which remuneration or expenses are payable.
(2) A person who is the Ombudsman must not —
(a) be appointed to any other office,
(b) take employment, or
(c) become a member of a body,
in respect of which remuneration or expenses are payable.
(3) This paragraph has no effect in relation to a particular office, employment or membership if —
(a) the person gives notice of it to the Assembly Commission —
(i) before coming Ombudsman, or
(ii) before being appointed to the office, taking the employment, or becoming the member, as the case may be, and
(b) the Assembly Commission is of the opinion that the office, employment or membership would not compromise —
(i) the ability of the Ombudsman to discharge functions under this Act, and
(ii) the independence of the Ombudsman.
(4) This paragraph does not apply in respect of the Ombudsman holding office as the Northern Ireland Judicial Appointments Ombudsman under section 9A of the Justice (Northern Ireland) Act 2002 (appointment of Northern Ireland Judicial Appointments Ombudsman).
Paragraph 3 precludes appointment as Ombudsman of anyone who would be disqualified from membership of the Northern Ireland Assembly and you are referred to the Northern Ireland Assembly Disqualification Act 1975 as amended – Annex E.
You should note that a person will normally be disqualified from appointment if he or she holds any other office or employment where remuneration or expenses are payable or is a member of any body where remuneration or expenses are payable, nor may a person who is appointed take up such office, employment or membership. Where you give the required notice the Assembly Commission may waive this requirement if it is of the opinion that the office would not affect your ability to discharge functions under the Act or the independence of the office.
You should also note that Schedule 1 paragraph 11 is entitled “Restrictions on subsequent employment”. It provides that until the expiry of the financial year following the financial year in which a person ceased to be the Ombudsman he or she may not be member of, or work (in any capacity) for a listed authority.
