Administration of Justice Act 1985

Constitution E+W

2 (1) The Council shall consist of—

(a) not more than eleven persons who are licensed conveyancers; and

(b) not more than ten persons who are not licensed conveyancers,

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

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

(3) This paragraph does not apply during the initial period referred to in paragraph 3.

3 (1) During the initial period the Council shall consist of a chairman and not more than ten other members appointed by the [F1 Secretary of State].

(2) In this paragraph “the initial period” means the period beginning with the establishment of the Council and ending immediately before the date fixed by the first scheme under paragraph 4 for the coming into office of the first persons elected or nominated as members of the Council in accordance with the scheme.

(3) The term of office of the chairman appointed under sub-paragraph (1) shall expire immediately before the date fixed by that scheme for the coming into office of the first chairman elected under paragraph 2(2), and the term of office of the other members appointed under sub-paragraph (1) shall expire at the end of the initial period.

Textual Amendments

F1 Words in Sch. 3 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), arts. 1(2), 9, {Sch 2. para. 6(b)}

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

(a) the election or nomination of persons for the purposes of paragraphs (a) and (b) of paragraph 2(1);

(b) the election of a person as chairman under paragraph 2(2); and

(c) the tenure and vacation of office of persons elected or nominated as aforesaid, and the eligibility of persons for election or nomination.

(2) A scheme under this paragraph shall secure that (except during any casual vacancy)—

(a) the total number of persons elected or nominated for the purposes of paragraph (a) of paragraph 2(1) exceeds by one the total number of persons elected or nominated for the purposes of paragraph (b) of that provision; and

(b) the persons elected or nominated for the purposes of the said paragraph (b) include at least two persons who represent the interests of consumers.

(3) A scheme under this paragraph shall not come into force until it has been approved by the [F2 Secretary of State]; and the first scheme under this paragraph shall be submitted to the [F2 Secretary of State] for approval before the end of the period of two years beginning with the establishment of the Council.

(4) The [F2 Secretary of State] may approve a scheme under this paragraph either as submitted to him or subject to such modifications as he thinks fit; but where the [F2 Secretary of State] proposes to approve a scheme subject to modifications he 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

F2 Words in Sch. 3 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), arts. 1(2), 9, {Sch 2. para. 6(b)}