1(1)The OLC is to consist of the following members—E+W
(a)a chairman appointed by the Board with the approval of the Lord Chancellor, and
(b)at least 6, but not more than 8, other persons appointed by the Board after consultation with the chairman.
(2)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 (b) of that sub-paragraph, a different limit.
2(1)In appointing members of the OLC, the Board must ensure that a majority of the members of the OLC are lay persons.E+W
(2)The chairman must be a lay person.
(3)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)an advocate in Scotland,
(c)a solicitor in Scotland,
(d)a member of the Bar of Northern Ireland, or
(e)a solicitor of the Court of Judicature of Northern Ireland.
(4)For the purposes of sub-paragraph (3), 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 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).
(5)For the purpose of sub-paragraph (4)—
“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).
3(1)An ombudsman may be a member (but not chairman) of the OLC.E+W
(2)In appointing members of the OLC, the Board must ensure that a majority of the members of the OLC are not ombudsmen.
4E+WIn appointing members of the OLC, the Board must have regard to the desirability of securing that the OLC includes members who (between them) have experience in or knowledge of—
(a)the handling of complaints,
(b)the provision of legal services,
(c)legal education and legal training,
(d)consumer affairs,
(e)civil or criminal proceedings and the working of the courts,
(f)the maintenance of the professional standards of persons who provide legal services,
(g)non-commercial legal services,
(h)the differing needs of consumers, and
(i)the provision of claims management services (within the meaning of Part 2 of the Compensation Act 2006 (c. 29)).