Legal Services Act 2007

Membership

This section has no associated Explanatory Notes

2(1)In appointing members of the OLC, the Board must ensure that a majority of the members of the OLC are lay persons.

(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).