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Scottish Civil Justice Council and Criminal Legal Assistance Act 2013

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6Composition of the Council

(1)The Council is to have not more than 20 members and is to be comprised of—

(a)the Lord President,

(b)the Chief Executive of the Scottish Court Service,

(c)the principal officer of the Scottish Legal Aid Board,

(d)1 member appointed by the Scottish Ministers under subsection (2),

(e)at least 4 judges (“judicial members”), including a minimum of—

(i)1 judge of the Court of Session, and

(ii)1 sheriff principal or sheriff,

(f)at least 2 practising advocates (“advocate members”),

(g)at least 2 practising solicitors (“solicitor members”),

(h)at least 2 persons (“consumer representative members”) who, between them, appear to the Lord President to have—

(i)experience and knowledge of consumer affairs,

(ii)knowledge of the non-commercial legal advice sector, and

(iii)an awareness of the interests of litigants in the civil courts, and

(i)up to 6 other persons considered by the Lord President to be suitable to be members of the Council (“LP members”).

(2)The Scottish Ministers must appoint as a member a person who is a member of staff of the Scottish Government and whom they consider to be suitable to be a member of the Council.

(3)The Scottish Ministers may by order amend subsection (1) by substituting for the number of members (or the minimum number in a category of membership) for the time being specified there such other number as they think fit.

(4)Before making an order under subsection (3) the Scottish Ministers must consult the Lord President.

(5)The power to make an order under subsection (3) includes power to make such supplementary, incidental, consequential, transitional, transitory or saving provision as the Scottish Ministers consider appropriate.

(6)But such power does not include power to modify the description of a category of membership described in subsection (1) or to add a category of membership.

(7)Orders under subsection (3) are subject to the affirmative procedure.

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