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This is the original version (as it was originally enacted).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

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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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