118AEligibility for appointment

1. A person who holds a current practising certificate authorising him or her to practise as a barrister and not as a barrister and solicitor is eligible for appointment, under the Royal prerogative, as a King’s Counsel if he or she (whether or not he or she is a statutory officer)—

2. practises, and in the course of his or her practice provides regulated services, alone (that is, not in partnership with any other lawyer); and
3. is not actively involved in the provision by an incorporated law firm (other than one in which he or she is the only voting shareholder) of regulated services; and
4. is not an employee (other than an employee of an incorporated law firm in which he or she is the only voting shareholder) who, in the course of his or her employment, provides regulated services.

5. Nothing in this section, section 118B, or section 119 limits or affects appointments, under the Royal prerogative (as preserved by section 119C(1) and (2)), to the office of King’s Counsel of a person who, when appointed to that office, is all or any of the following:

6. a person who is not in the category in subsection (1):
7. a person who is appointed otherwise than in accordance with regulations under section 119(1)(a) and (b), guidelines of the kind specified in section 119(2)(b), or both:
8. a person who does not possess all or any of the qualifications and experience that guidelines of the kind specified in section 119(2)(a) indicate should be possessed by candidates for appointment as King’s Counsel.