Administration of Justice Act 1985

Constitution E+W

[F1 2 (1) The Council shall consist of— E+W

(a) not more than ten persons who are—

(i) licensed conveyancers; F2 ...

[F3 (ia) licensed CLC practitioners; or]

(ii) other persons practising as authorised persons in the course of a business which is carried on [F4 either by a recognised body or by a licensed body which holds a licence granted by the Council] ; and

(b) not more than eleven persons who are lay persons,

being persons appointed as members of the Council in accordance with a scheme under paragraph 4.

(2) The Council shall in accordance with any such scheme appoint one of its members to be chairman of the Council.

(3) In sub-paragraph (1)—

• “authorised person” has the meaning given by section 32A;

• “lay person” has the same meaning as in Schedule 1 to the Legal Services Act 2007 (see paragraph 2 of that Schedule).]

• [F5 “licensed body” has the same meaning as in the Legal Services Act 2007 (see section 71).]

Textual Amendments

F1 Sch. 3 para. 2 substituted (30.9.2011) by The Legal Services Act 2007 (The Law Society and The Council for Licensed Conveyancers) (Modification of Functions) Order 2011 (S.I. 2011/1716), arts. 2(3), 9(2)

F2 Word in Sch. 3 para. 2(1)(a)(i) omitted (29.6.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(6)(b), Sch. 19 para. 8(a); S.I. 2015/1402, art. 2(b)

F3 Sch. 3 para. 2(1)(a), (ia) inserted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(b), Sch. 19 para. 8(b); S.I. 2015/1402, art. 2(b)

F4 Words in Sch. 3 para. 2(1)(a)(ii) substituted (12.9.2011) by The Legal Services Act 2007 (The Law Society and The Council for Licensed Conveyancers) (Modification of Functions) Order 2011 (S.I. 2011/1716), arts. 2(4), 9(3)(a); S.I. 2011/2038

F5 Words in Sch. 3 para. 2(3) inserted (12.9.2011) by The Legal Services Act 2007 (The Law Society and The Council for Licensed Conveyancers) (Modification of Functions) Order 2011 (S.I. 2011/1716), arts. 2(4), 9(3)(b); S.I. 2011/2038

3 E+W F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Sch. 3 para. 3 repealed (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 210, 211, Sch. 17 para. 29(5), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)(f)(v)(cc)

4 (1) The Council shall prepare a scheme making provision as to— E+W

(a) the [F7 appointment] of persons for the purposes of paragraphs (a) and (b) of paragraph 2(1);

(b) the [F8 appointment of] a person as chairman under paragraph 2(2); and

(c) the tenure and vacation of office of persons [F9 appointed] as aforesaid, and the eligibility of persons for [F7 appointment].

[F10 (2) A scheme under this paragraph shall secure that (except during any casual vacancy) the total number of persons appointed for the purposes of paragraph (b) of paragraph 2(1) exceeds F11 ... the total number of persons appointed for the purposes of paragraph (a) of that provision.]

(3) A scheme under this paragraph shall not come into force until it has been approved by the [F12 Legal Services Board.]

(4) The [F13 Legal Services Board] may approve a scheme under this paragraph either as submitted to [F14 it] or subject to such modifications as [F15 it] thinks fit; but where the [F13 Legal Services Board] proposes to approve a scheme subject to modifications [F15 it] shall notify the modifications to the Council and consider any observations of the Council on them.

(5) A scheme under this paragraph may be varied or revoked by any subsequent such scheme.

Textual Amendments

F7 Words in Sch. 3 para. 4(1) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 29(6)(a), (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)

F8 Words in Sch. 3 para. 4(1) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 29(6)(b), (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)

F9 Words in Sch. 3 para. 4(1) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 29(6)(c), (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)

F10 Sch. 3 para. 4(2) substituted (30.9.2011) by The Legal Services Act 2007 (The Law Society and The Council for Licensed Conveyancers) (Modification of Functions) Order 2011 (S.I. 2011/1716), arts. 2(3), 9(4)

F11 Words in Sch. 3 para. 4(2) omitted (29.6.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(6)(c), Sch. 20 para. 9; S.I. 2015/1402, art. 2(c)

F12 Words in Sch. 3 para. 4(3) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 29(8), (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)

F13 Words in Sch. 3 para. 4(4) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 29(9)(a), (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)

F14 Word in Sch. 3 para. 4(4) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 29(9)(b), (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)

F15 Words in Sch. 3 para. 4(4) substituted (31.3.2009) by Legal Services Act 2007 (c. 29), ss. 182, 211, Sch. 17 para. 29(9)(c), (with ss. 29, 192, 193); S.I. 2009/503, art. 2(c)(i)