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Legal Profession and Legal Aid (Scotland) Act 2007

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This is the original version (as it was originally enacted).

Membership of the Commission

This section has no associated Explanatory Notes

2(1)The Commission is to consist of the following members—

(a)a person to chair the Commission (“the chairing member”); and

(b)8 other members.

(2)Members are appointed by the Scottish Ministers, having consulted the Lord President of the Court of Session (“the Lord President”).

(3)The chairing member and 4 other members of the Commission must be members (in this schedule referred to as “non-lawyer members”) who are not within any of the categories mentioned in sub-paragraph (6).

(4)There must be 4 members of the Commission (in this schedule referred to as “lawyer members”) who are within any of the categories mentioned in sub-paragraph (6).

(5)Of the lawyer members 3 must have practised within any, or any combination, of the categories mentioned in sub-paragraph (6) for at least 10 years.

(6)The categories are—

(a)solicitors;

(b)advocates;

(c)conveyancing practitioners or executry practitioners;

(d)persons exercising a right to conduct litigation or a right of audience acquired by virtue of section 27 of the 1990 Act.

(7)The Scottish Ministers may, subject to sub-paragraphs (8) and (9), by order amend—

(a)sub-paragraph (1)(b) to alter the number of other members referred to there;

(b)sub-paragraph (3) to alter the number of other members referred to there;

(c)sub-paragraph (4) to alter the number of members referred to there;

(d)sub-paragraph (5) to alter the number of lawyer members referred to there.

(8)The number of non-lawyer members must be greater than the number of lawyer members.

(9)The number of—

(a)non-lawyer members must be no fewer than 4 and no greater than 8;

(b)lawyer members must be no fewer than 3 and no greater than 7.

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