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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; c he is a member of the Northern Ireland Assembly; 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; c a person employed in the civil service of the State.