46.This section sets out the criteria which must be satisfied if a person is to be appointed as a lay member or a legal member of the regulatory committee of a category 1 regulator. A lay member is a person who is not eligible for appointment as a legal member and must not have been so eligible for at least 10 years. They must also be qualified to represent the interests of the public in relation to the provision of legal services in Scotland or be otherwise suitable with regard to the operation of regulatory functions, for example, an expert in consumer issues.
47.Subsection (4) sets out who qualifies as a legal member. In subsection (4)(a), the reference to a person training to become a solicitor means a trainee solicitor and in subsection (4)(b) the reference to a person having matriculated as an intrant means a person (often referred to as a “devil”) undergoing training by the Faculty to be admitted to the office of advocate. Conveyancing and executry practitioners are persons who are not solicitors but have met the requirements to be registered in the appropriate register maintained by the Law Society and are therefore entitled to provide services in connection with conveyancing or executries.
Background Part 1 – Regulatory Framework Requirements of category 1 regulators Section 10 – Regulatory committee: lay and legal members