Constitutional Reform Act 2005 (c. 4)

(The document as of February, 2008)

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(a) pay to a person appointed under this paragraph such remuneration, fees or expenses as the Lord Chancellor may determine;

(b) pay, or make provision for the payment of, such pension, allowance or gratuity as the Lord Chancellor may determine to or in respect of a person who is or has been a person appointed under this paragraph.

(4) A person appointed under this paragraph is to exercise the functions of the Ombudsman in accordance with the terms of his appointment.

(5) The Lord Chancellor may end an appointment under this paragraph at any time.

(6) Otherwise any appointment of a person under this paragraph ends on the earliest of--

(a) that person's ceasing to be eligible to be appointed as Ombudsman;

(b) the expiry of the appointment in accordance with its terms and conditions;

(d) the appointment of a new Ombudsman;

(e) the end of twelve months beginning with the relevant date.

(7) The relevant date is--

(a) if the appointment was under sub-paragraph (1)(a), the date when the vacancy arose;

(b) if the appointment was under sub-paragraph (1)(b), the date of the Lord Chancellor's determination;

Status of the Ombudsman

8 The person for the time being holding the office of the Ombudsman is by the name of that office a corporation sole.

Powers of the Ombudsman

9 (1) The Ombudsman does not have power to do any of the following--

(a) to borrow money;

(b) to hold real property;

(2) Subject to sub-paragraph (1), the Ombudsman may do anything calculated to facilitate, or incidental or conducive to, the carrying out of any of his functions.

(3) Nothing in this Schedule is to be read as limiting the generality of sub-paragraph (2).

Arrangements for assistance

10 (1) The Ombudsman may make arrangements with such persons as he considers appropriate for assistance to be provided to him.

(2) Arrangements may include the paying of fees to such persons.

(3) No arrangements may be made under this paragraph unless approved by the Lord Chancellor.

Arrangements by the Lord Chancellor

11 Unless the Ombudsman has made arrangements under paragraph 10, the Lord Chancellor may make arrangements for assistance to be provided to the Ombudsman.

Delegation of functions

12 (1) The Ombudsman may delegate any functions to--

(a) any person with whom arrangements are made under paragraph 10 or 11, or

(b) any person providing assistance to the Ombudsman in pursuance of such arrangements.

(2) But all recommendations and reports prepared by or on behalf of the Ombudsman must be signed by him.

Financial provisions and directions

13 (1) Expenditure incurred by the Ombudsman in the discharge of his functions is to be met by the Lord Chancellor.

(2) The Lord Chancellor may by direction require the Ombudsman--

(a) not to incur costs and expenditure in excess of a specified amount without his consent;

(b) to follow specified procedures in relation to his costs and expenditure.

(3) A direction under sub-paragraph (2) may relate to all of the Ombudsman's costs and expenditure, or to costs and expenditure of a specified description.

Code of conduct

14 The Lord Chancellor may issue and from time to time revise a code of conduct to be observed by the Ombudsman and any person appointed under paragraph 7 to exercise his functions.

Reports

15 (1) The Ombudsman must, as soon as practicable after the end of each financial year, provide to the Lord Chancellor a report about the performance of his functions during that year.

(2) The Lord Chancellor may by direction require the Ombudsman to deal, in reports or a particular report under sub-paragraph (1), with matters specified in the direction.

(3) The Ombudsman must, as soon as practicable after a direction by the Lord Chancellor under this sub-paragraph, provide to the Lord Chancellor a report about any matter or matters specified in the direction.

(4) The Lord Chancellor must lay before each House of Parliament a copy of any report provided to him under sub-paragraph (1).

(5) The Ombudsman must publish any report once copies of it have been laid under sub-paragraph (4).

Documentary evidence

16 A document purporting to be an instrument issued by the Ombudsman and to be signed by or on behalf of the Ombudsman is to be received in evidence and, unless the contrary is proved, taken to be such an instrument and signed in that way.

General

17 (1) "Financial year" in this Schedule, means--

(a) the period beginning with the date on which section 62 comes into force and ending with the following 31 March, and

(b) each successive period of twelve months.

(2) In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (other disqualifying offices) at the appropriate place insert--

" The Judicial Appointments and Conduct Ombudsman. "

(3) In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (other public bodies and offices which are public authorities) at the appropriate place insert--

" The Judicial Appointments and Conduct Ombudsman. "

Section 85

SCHEDULE 14 The Judicial Appointments Commission: Relevant Offices and Enactments

Part 1 Appointments by Her Majesty

Office	Enactment
Judge Advocate of Her Majesty's Fleet	Section 28(1) of the Courts-Martial (Appeals) Act 1951 (c. 46)
Judge Advocate General	Section 29 of the Courts-Martial (Appeals) Act 1951 (c. 46)
Common Serjeant	Section 12(1) of the City of London (Courts) Act 1964 (c. iv)
Circuit judge	Section 16(1) of the Courts Act 1971 (c. 23)
Recorder	Section 21(1) of the Courts Act 1971
Non-judicial member of the Restrictive Practices Court	Section 3(1) of the Restrictive Practices Court Act 1976 (c. 33)
Master, Queen's Bench Division Queen's Coroner and Attorney and Master of the Crown Office and Registrar of Criminal Appeals Admiralty Registrar Master, Chancery DivisionRegistrar in Bankruptcy of the High Court Taxing Master of the Senior Courts District judge of the principal registry of the Family Division Master of the Court of Protection	Section 89(1) of the Supreme Court Act 1981
Senior Master of the Queen's Bench Division Chief Chancery Master Chief Taxing Master Chief Bankruptcy Registrar Senior District Judge of the Family Division	Section 89(3) of the Supreme Court Act 1981 (c. 54) (c. 54)
District judge	Section 6(1) of the County Courts Act 1984 (c. 28)
Chief Child Support Commissioner Child Support Commissioner	Section 22(1) of the Child Support Act 1991 (c. 48)
Member of the Employment Appeal Tribunal	Section 22(1)(c) of the Employment Tribunals Act 1996 (c. 17)
District Judge (Magistrates' Courts)	Section 10A(1) of the Justices of the Peace Act 1997 (c. 25)
Senior District Judge (Chief Magistrate) Deputy Senior District Judge (Chief Magistrate)	Section 10A(2) of the Justices of the Peace Act 1997
Chief Social Security Commissioner Social Security Commissioner	Paragraph 1(1) of Schedule 4 to the Social Security Act 1998 (c. 14)
District Judge (Magistrates' Courts)	Section 22(1) of the Courts Act 2003 (c. 39)
Senior District Judge (Chief Magistrate) Deputy Senior District Judge (Chief Magistrate)	Section 23 of the Courts Act 2003 (c. 39)

Part 2 Appointments by the Lord Chancellor: Offices to which paragraph 2(2)(d) of Schedule 12 does not apply

Office	Enactment
Vice Judge Advocate General Assistant Judge Advocate General	Section 30(1) of the Courts-Martial (Appeals) Act 1951 (c. 46)
Person appointed temporarily to assist the Judge Advocate General	Section 30(2) of the Courts-Martial (Appeals) Act 1951
Judge of the Courts-Martial Appeal Court	Section 2(2) of the Courts-Martial (Appeals) Act 1968 (c. 20)
General Commissioner for a division in England and Wales	Section 2 of the Taxes Management Act 1970 (c. 9)
Assistant recorder	Section 24(1) of the Courts Act 1971 (c. 23)
Deputy district judge in a district registry of the High Court	Section 102(1) of the Supreme Court Act 1981 (c. 54)
Deputy district judge for a county court district	Section 8(1) of the County Courts Act 1984 (c. 28)
Justice of the peace	Section 5 of the Justices of the Peace Act 1997 (c. 25)
Deputy District Judge (Magistrates' Courts)	Section 10B(1) of the Justices of the Peace Act 1997 (c. 25)
Justice of the peace who is not a District Judge (Magistrates' Courts)	Section 10(1) of the Courts Act 2003 (c. 39)
Deputy District Judge (Magistrates' Courts)	Section 24(1) of the Courts Act 2003

Part 3 Appointments by the Lord Chancellor: offices to which paragraph 2(2)(d) of Schedule 12 applies

Office	Enactment
Member of pensions appeal tribunal	Paragraphs 2 and 3 of the Schedule to the War Pensions (Administrative Provisions) Act 1919 (c. 53)
Member of the Shipping Claims Tribunal President of the Shipping Claims Tribunal	Section 8(1) of the Compensation (Defence) Act 1939 (c. 75)
Member of panel	Section 109(1)(a) of the London Building Acts (Amendment) Act 1939 (c.xcvii)
Deputy member of panel	Section 109(1)(h) of the London Building Acts (Amendment) Act 1939
Member of a Pensions Appeal Tribunal	Paragraph 2(1) of the Schedule to the Pensions Appeal Tribunals Act 1943 (c. 39)
President of Pensions Appeal Tribunals Deputy President of Pensions Appeal Tribunals	Paragraph 2B of the Schedule to the Pensions Appeal Tribunals Act 1943 (c. 39)
Member of panel of persons to act as arbitrators Chairman of panel of persons to act as arbitrators Deputy chairman of panel of persons to act as arbitrators	Section 61(1) of the Coal Industry Nationalisation Act 1946 (c. 59)
Chairman of an Agricultural Land Tribunal	Paragraph 13(1) of Schedule 9 to the Agriculture Act 1947 (c. 48)
Member of panel of deputy-chairmen of Agricultural Land Tribunal	Paragraph 14(1) of Schedule 9 to the Agriculture Act 1947
Member of panel	Paragraph 15(1) of Schedule 9 to the Agriculture Act 1947 (c. 48)
President of the Lands Tribunal Member of the Lands Tribunal	Section 2(1) of the Lands Tribunal Act 1949 (c. 42)
First of the three arbitration committee members	Section 7(6) of the National Health Service (Amendment) Act 1949 (c. 93)
Arbitrator	Section 18(3) of the National Parks and Access to the Countryside Act 1949 (c. 97)
Chairman of the Foreign Compensation Commission	Section 1(1) of the Foreign Compensation Act 1950 (c. 12)
Arbitrator	Paragraph 3(4) of Schedule 6 to the Transport Act 1962 (c. 46)
Chairman of a Levy Appeal Tribunal	Section 29(2)(a) of the Betting, Gaming and Lotteries Act 1963 (c. 2)
Commons Commissioner Chief Commons Commissioner	Section 17(1) of the Commons Registration Act 1965 (c. 64)
Substitute Chief Commons Commissioner	Section 17(3) of the Commons Registration Act 1965
Arbitrator	Section 15A(3) of the Countryside Act 1968 (c. 41)
Arbitrator	Paragraph 13(3) of Schedule 4 to the Transport Act 1968 (c. 73)
Arbitrator	Paragraph 10(3) of Schedule 4 to the Transport Act 1968 as set out in Schedule 2 to the Transport Act 1985 (Modifications in Schedule 4 to the Transport Act 1968) Order 1985 (S.I. 1985/1903)
Arbitrator	Paragraph 10(3) of Schedule 4 to the Transport Act 1968 as set out in Schedule 2 to the Airports Act 1986 (Modifications in Schedule 4 to the Transport Act 1968) Order 1986 (S.I. 1986/1801)
Special Commissioner Presiding Special Commissioner	Section 4(1) of the Taxes Management Act 1970 (c. 9)
Deputy Special Commissioner	Section 4A(1) of the Taxes Management Act 1970
Chairman of a tribunal	Paragraph 1(1)(a) of Schedule 3 to the Misuse of Drugs Act 1971 (c. 38)
President of tribunal established by the Secretary of State	Paragraph 4(a) of Schedule 3 to the Industry Act 1975 (c. 68)
President of the Aircraft and Shipbuilding Industries Arbitration Tribunal	Section 42(3)(a) of the Aircraft and Shipbuilding Industries Act 1977 (c. 3)
Member of panel	Paragraph 2(a) of Schedule 10 to the Rent Act 1977 (c. 42)
President of the Family Health Services Appeal Authority Deputy President of the Family Health Services Appeal Authority Member of the Family Health Services Appeal Authority	Paragraph 1 of Schedule 9A to the National Health Service Act 1977 (c. 49)
Arbitrator	Paragraph 12(3) of Schedule 2 to the British Telecommunications Act 1981 (c. 38)
Arbitrator	Section 28N(3) of the Wildlife and Countryside Act 1981 (c. 69)
Arbitrator	Section 66(4)(a) of the Transport Act 1982 (c. 49)
Member of the Mental Health Review Tribunal	Paragraph 1 of Schedule 2 to the Mental Health Act 1983 (c. 20)
Chairman of the Mental Health Review Tribunal	Paragraph 3 of Schedule 2 to the Mental Health Act 1983
Arbitrator	Paragraph 2(5) of Schedule 1 to the Ordnance Factories and Military Services Act 1984 (c. 59)
Member of panel	Paragraph 2(1)(a) of Schedule 2 to the Reserve Forces (Safeguard of Employment) Act 1985 (c. 17)
President of the Transport Tribunal Chairman of the Transport Tribunal	Paragraph 2(1)(a) of Schedule 4 to the Transport Act 1985 (c. 67)
Member of Insolvency Practitioners Tribunal panel	Paragraph 1(1)(a) of Schedule 7 to the Insolvency Act 1986 (c. 45)
Member of panel constituted for the purposes of Schedule 11	Paragraph 1(5) of Schedule 11 to the Agricultural Holdings Act 1986 (c. 5)
Chairman of section 706 tribunal Member of section 706 tribunal	Section 706(1) of the Income and Corporation Taxes Act 1988 (c. 1)
Arbitrator	Paragraph 9(4) of Schedule 10 to the Education Reform Act 1988 (c. 40)
Chairman of the Copyright Tribunal Deputy chairman of the Copyright Tribunal	Section 145(2) of the Copyright, Designs and Patents Act 1988 (c. 48)
Arbitrator	Paragraph 9(2)(a) of Schedule 10 to the Electricity Act 1989 (c. 29)
Arbitrator	Schedule 9, paragraph 5(5)(a), of the Broadcasting Act 1990 (c. 42)
Deputy Child Support Commissioner	Paragraph 4(1) of Schedule 4 to the Child Support Act 1991 (c. 48)
Arbitrator	Paragraph 11(5) of Schedule 2 to the Ports Act 1991 (c. 52)
Member of panel	Section 31(1) of the Land Drainage Act 1991 (c. 59)
Arbitrator	Paragraph 7(4) of Schedule 5 to the Further and Higher Education Act 1992 (c. 13)
Member of panel	Section 6(1) of the Tribunals and Inquiries Act 1992 (c. 53)
Member of tribunal for the purposes of section 150 of the Mines and Quarries Act 1954 (c. 70) Chairman of tribunal for the purposes of section 150 of the Mines and Quarries Act 1954	Section 6(5) of the Tribunals and Inquiries Act 1992
Arbitrator	Paragraph 8(6)(a) of Schedule 2 to the Coal Industry Act 1994 (c. 21)
President of VAT tribunals	Paragraph 2(2) of Schedule 12 to the Value Added Tax Act 1994 (c. 23)
Member of panel of chairmen	Paragraph 7(3)(a) of Schedule 12 to the Value Added Tax Act 1994
Persons appointed to hear and determine appeals	Section 77(1) of the Trade Marks Act 1994 (c. 26)
Arbitrator	Regulation 32(3)(a) of the Conservation (Natural Habitats, &c) Regulations 1994 (S.I. 1994/2716)
Wreck commissioner	Section 297(1) of the Merchant Shipping Act 1995 (c. 21)
Arbitrator	Paragraph 10(6)(a) of Schedule 1 to the Atomic Energy Authority Act 1995 (c. 37)
Person nominated for the purpose of Schedule 6 to the Police Act 1996	Paragraph 1(1)(a) of Schedule 6 to the Police Act 1996 (c. 16)
Arbitrator	Paragraph 8(6)(a) of Schedule 5 to the Broadcasting Act 1996 (c. 55)
Chairman of a tribunal	Schedule 2, paragraph 1(1)(a), to the School Inspections Act 1996 (c. 57)
President of the Special Educational Needs and Disability Tribunal Member of the chairmen's panel of the Special Educational Needs and Disability Tribunal	Section 333 of the Education Act 1996 (c. 56)
Member of panel of chairmen for England and Wales	Paragraph 6(2)(a) of the Schedule to the Deregulation (Model Appeal Provisions) Order 1996 (S.I. 1996/1678)
Chairman of the Plant Varieties and Seeds Tribunal	Paragraph 2(1) of Schedule 3 to the Plant Varieties Act 1997 (c. 66)
Member of Special Immigration Appeals Commission	Paragraph 1(1) of Schedule 1 to the Special Immigration Appeals Commission Act 1997 (c. 68)
Chairman of Special Immigration Appeals Commission	Paragraph 2 of Schedule 1 to the Special Immigration Appeals Commission Act 1997
President of appeal tribunals	Section 5(1) of the Social Security Act 1998 (c. 14)
Member of panel of persons to act as members of appeal tribunals	Section 6(2) of the Social Security Act 1998
Social Security Commissioner (deputy)	Paragraph 1(2) of Schedule 4 to the Social Security Act 1998
Chairman of the Information Tribunal Deputy chairman of the Information Tribunal	Section 6(4) of the Data Protection Act 1998 (c. 29)
President of the Tribunal Member of the chairman's panel of the Tribunal	Paragraph 2(1) of the Schedule to the Protection of Children Act 1999 (c. 14)
Member of the lay panel of the Tribunal	Paragraph 2(3) of the Schedule to the Protection of Children Act 1999 (c. 14)
Member of appeal panel	Section 189(6) of the Greater London Authority Act 1999 (c. 29)
Member of the Immigration Services Tribunal	Paragraph 1(2) of Schedule 7 to the Immigration and Asylum Act 1999 (c. 33)
President of the Immigration Services Tribunal	Paragraph 2 of Schedule 7 to the Immigration and Asylum Act 1999
President of the Financial Services and Markets Tribunal	Paragraph 2(1) of Schedule 13 to the Financial Services and Markets Act 2000 (c. 8)
Deputy President of the Financial Services and Markets Tribunal	Paragraph 2(3) of Schedule 13 to the Financial Services and Markets Act 2000
Member of panel of chairmen of the Financial Services and Markets Tribunal	Paragraph 3(1) of Schedule 13 to the Financial Services and Markets Act 2000
Member of lay panel of the Financial Services and Markets Tribunal	Paragraph 3(4) of Schedule 13 to the Financial Services and Markets Act 2000
Member of the Proscribed Organisations Appeal Commission	Paragraph 1(1) of Schedule 3 to the Terrorism Act 2000 (c. 11)
Chairman of the Proscribed Organisations Appeal Commission	Paragraph 1(2) of Schedule 3 to the Terrorism Act 2000
Member of the Adjudication Panel for England	Section 75(3) of the Local Government Act 2000 (c. 22)
President of the Adjudication Panel for England Deputy President of the Adjudication Panel for England	Section 75(4) of the Local Government Act 2000
Member of the panel of tribunal chairmen	Regulation 7(1)(a) of the Health Service Medicines (Price Control Appeals) Regulations 2000 (S.I. 2000/124)
Senior tribunal chairman	Regulation 7(1)(b) of the Health Service Medicines (Price Control Appeals) Regulations 2000 (S.I. 2000/124)
Member of the Pathogens Access Appeal Commission	Paragraph 1(1) of Schedule 6 to the Anti-terrorism, Crime and Security Act 2001 (c. 24)
Chairman of the Pathogens Access Appeal Commission	Paragraph 1(2) of Schedule 6 to the Anti-terrorism, Crime and Security Act 2001
President of the Employment Tribunals (England and Wales)	Regulation 3(1) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2001 (S.I. 2001/ 1171)
Member of panel	Regulation 5(1)(a) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2001
Regional Chairman	Regulation 8(1) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2001
Road user charging adjudicator	Regulation 3(1) of the Road User Charging (Enforcement and Adjudication) (London) Regulations 2001 (S.I. 2001/2313)
Adjudicator to Her Majesty's Land Registry	Section 107(1) of the Land Registration Act 2002 (c. 9)
President of the Competition Appeal Tribunal	Section 12(2)(a) of the Enterprise Act 2002 (c. 40)
Member of panel of chairmen of the Competition Appeal Tribunal	Section 12(2)(b) of the Enterprise Act 2002
Acting President of Competition Appeal Tribunal	Paragraph 3 of Schedule 2 to the Enterprise Act 2002
Member of panel of assessors to assist Special Commissioners	Section 320(3)(b) of the Proceeds of Crime Act 2002 (c. 29)
Adjudicator	Section 81(1) of the Nationality, Immigration and Asylum Act 2002 (c. 41)
Chief Adjudicator Deputy Chief Adjudicator Regional Adjudicator Deputy Regional Adjudicator	Section 81(3) of the Nationality, Immigration and Asylum Act 2002
Member of the Immigration Appeal Tribunal	Paragraph 1 of Schedule 5 to the Nationality, Immigration and Asylum Act 2002
Deputy President of the Immigration Appeal Tribunal	Paragraph 4(1) of Schedule 5 to the Nationality, Immigration and Asylum Act 2002
Arbitrator	Paragraph 4(7)(a) of Schedule 2 to the Communications Act 2003 (c. 21)

Section 124

SCHEDULE 15 Northern Ireland Judicial Appointments Ombudsman

After Schedule 3 to the Justice (Northern Ireland) Act 2002 (c. 26) insert--

" SCHEDULE 3A The Northern Ireland Judicial Appointments Ombudsman

The Ombudsman

1 (1) A person must not be appointed as the Ombudsman if any of these sub-paragraphs applies--

(a) he is employed in the civil service of the State;

(b) he is a member of the House of Commons;

(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;

(vi) a practising solicitor of the Supreme Court of Judicature 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--

(a) a Commissioner;

(b) a member of staff of the Commission;

2 (1) In this Schedule "practising" is to be read in accordance with sub-paragraphs (2) and (3).

(2) A barrister in England and Wales, an advocate in Scotland or a member of the Bar of Northern Ireland is practising if he is--

(a) practising as such,

(b) employed to give legal advice, or

(3) A solicitor of the Supreme Court, a solicitor in Scotland or a solicitor of the Supreme Court of Judicature of Northern Ireland is practising if he is--

(a) acting as such,

(b) employed to give legal advice, or

Term of office etc. of Ombudsman

3 (1) The Ombudsman must be appointed for a fixed period.

(2) But an appointment is subject to paragraphs 4 and 5.

4 A person--

(a) may not be appointed as the Ombudsman for more than 5 years at a time, and

(b) may not hold office as the Ombudsman for periods (whether or not consecutive) totalling more than 10 years.

5 (1) The Ombudsman may at any time--

(a) resign his office by notice in writing addressed to Her Majesty;

(b) be removed from office by the Lord Chancellor.

(2) The Lord Chancellor may not remove the Ombudsman from office unless he is satisfied that the Ombudsman--

(a) has become disqualified for appointment under paragraph 1(1),

(b) has ceased to be appropriate for the appointment because of considerations listed in paragraph 1(2),

(c) has, within the preceding nine months, failed to discharge the functions of his office for a continuous period of at least six months,

(d) has been convicted of an offence,

(e) is an undischarged bankrupt, or

(f) is otherwise unfit to hold his office or unable to discharge its functions.

Salary, allowances and expenses

6 (1) The Lord Chancellor may--

(a) pay to the Ombudsman such remuneration, fees or expenses as the Lord Chancellor may determine;

(b) pay, or make provision for the payment of, such pension, allowance or gratuity as the Lord Chancellor may determine to or in respect of a person who is or has been the Ombudsman.

(2) If--

(a) the Ombudsman ceases to hold office other than on the expiry of his term of appointment, and

(b) it appears to the Lord Chancellor that there are special circumstances that would warrant the payment of compensation to him,

the Lord Chancellor may make to or in respect of him a payment of such amount as the Lord Chancellor may determine.

Acting Ombudsman

7 (1) The Lord Chancellor may appoint a person to exercise the functions of the Ombudsman if--

(a) the Ombudsman's office becomes vacant,

(b) the Lord Chancellor determines that the Ombudsman is incapable of exercising his functions, or

(c) the Ombudsman notifies the Lord Chancellor that it would be inappropriate for him to exercise any of his functions in connection with a particular matter because of a possible conflict of interests or for any other reason.

(2) But a person may be appointed under this paragraph only if he is eligible under paragraph 1 to be appointed as Ombudsman.

(3) The Lord Chancellor may--