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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.