SCHEDULES

SCHEDULE 1E+WThe Legal Services Board

MembershipE+W

1(1)The Board is to consist of the following members—E+W

(a)a chairman appointed by the Lord Chancellor,

(b)the Chief Executive of the Board (see paragraph 13), and

(c)at least 7, but not more than 10, other persons appointed by the Lord Chancellor.

(2)In this Schedule a reference to an “ordinary member” is a reference to a member of the Board other than the Chief Executive.

(3)Before appointing an ordinary member, the Lord Chancellor must consult the Lord Chief Justice about the process for appointment of the member and about the person selected for appointment.

(4)The Lord Chancellor may by order amend sub-paragraph (1) by substituting for the limit on the maximum number of persons for the time being specified in paragraph (c) of that sub-paragraph a different limit.

2(1)In appointing persons as ordinary members the Lord Chancellor must ensure that a majority of the members of the Board are lay persons.E+W

(2)The chairman must be a lay person.

(3)It is a condition of the appointment of the chairman that the person appointed must not during the appointment—

(a)carry on any activity which is a reserved legal activity,

[F1(b)carry on a regulated claims management activity (within the meaning given by section 417(1) of the Financial Services and Markets Act 2000 (definitions)), or]

(c)provide immigration advice or immigration services,

for or in expectation of any fee, gain or reward.

(4)In this Schedule a reference to a “lay person” is a reference to a person who has never been—

(a)an authorised person in relation to an activity which is a reserved legal activity;

(b)a person authorised, by a person designated under section 5(1) of the Compensation Act 2006, to provide services which are regulated claims management services (within the meaning of that Act);

[F2(ba)an authorised person (within the meaning given in section 31 of the Financial Services and Markets Act 2000 (authorised persons)) in relation to regulated claims management activity (within the meaning given by section 417(1) of that Act (definitions));]

(c)an advocate in Scotland;

(d)a solicitor in Scotland;

(e)a member of the Bar of Northern Ireland;

(f)a solicitor of the Court of Judicature of Northern Ireland.

(5)For the purposes of sub-paragraph (4), a person is deemed to have been an authorised person in relation to an activity which is a reserved legal activity if that person has before the appointed day been—

(a)a barrister;

(b)a solicitor;

(c)a public notary;

(d)a licensed conveyancer;

(e)granted a certificate issued by the Institute of Legal Executives authorising the person to practise as a legal executive;

(f)a registered patent attorney, within the meaning given by section 275(1) of the Copyright, Designs and Patents Act 1988 (c. 48);

(g)a registered trade mark attorney, within the meaning of the Trade Marks Act 1994 (c. 26); or

(h)granted a right of audience or a right to conduct litigation in relation to any proceedings by virtue of section 27(2)(a) or section 28(2)(a) of the Courts and Legal Services Act 1990 (c. 41) (rights of audience and rights to conduct litigation).

(6)For the purpose of sub-paragraph (5)—

• “appointed day” means the day appointed for the coming into force of section 13;

• “licensed conveyancer” has the meaning given by section 11(2) of the Administration of Justice Act 1985 (c. 61).

3E+WIn appointing persons to be ordinary members, the Lord Chancellor must have regard to the desirability of securing that the Board includes members who (between them) have experience in or knowledge of—

(a)the provision of legal services;

(b)legal education and legal training;

(c)consumer affairs;

(d)civil or criminal proceedings and the working of the courts;

(e)competition matters;

(f)the maintenance of the professional standards of persons who provide legal services;

(g)the maintenance of standards in professions other than the legal profession;

(h)the handling of complaints;

(i)commercial affairs;

(j)non-commercial legal services;

(k)the differing needs of consumers;

(l)the provision of claims management services (within the meaning of [F3section 419A of the Financial Services and Markets Act 2000 (c. 8)]).