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Legal Services Act 2007
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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).
Textual Amendments
F1Sch. 1 para. 2(3)(b) substituted (29.11.2018 for specified purposes, 1.4.2019 in so far as not already in force) by The Financial Services and Markets Act 2000 (Claims Management Activity) Order 2018 (S.I. 2018/1253), arts. 1(2)(3), 95(9)(a)(i)
F2Sch. 1 para. 2(4)(ba) inserted (29.11.2018 for specified purposes, 1.4.2019 in so far as not already in force) by The Financial Services and Markets Act 2000 (Claims Management Activity) Order 2018 (S.I. 2018/1253), arts. 1(2)(3), 95(9)(a)(ii)
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