Advocate General for Scotland
Encyclopedia
Her Majesty's Advocate General for Scotland is one of the Law Officers of the Crown
, whose duty it is to advise the Crown
and UK Government on Scots law
. The Office of the Advocate General for Scotland is a ministerial department
of the United Kingdom government.
was created in 1999 by the Scotland Act 1998
to be the chief legal adviser to the United Kingdom
Government on Scots Law
. This function had previously been carried out by the Lord Advocate
and Solicitor General for Scotland
, who were transferred to the Scottish Executive
on the establishment of the Scottish Parliament
. The office of the Advocate General for Scotland should not be confused with that of "Her Majesty's Advocate", which is the term used for the Lord Advocate in Scottish criminal proceedings.
and now a member of the House of Lords
as Baroness Clark of Calton. On 18 January 2006, Baroness Clark resigned to take up office as a Senator of the College of Justice
, a judge of the Supreme Courts of Scotland
.
The office was then vacant until 15 March of that year when, under section 87 of the Scotland Act 1998
, its functions were temporarily conferred on the Secretary of State for Scotland, Alastair Darling MP, himself a Scottish advocate [cite].
There had been substantial criticism from the judiciary and others of the length of time the office had been left vacant [cite]. On 21 March, however, it was announced Neil Davidson
QC, former Solicitor General for Scotland
, had been appointed Advocate General. He was created a life peer, as Lord Davidson of Glen Clova, on 22 March 2006.
On 14 May 2010, The Lord Wallace of Tankerness, a former Deputy First Minister of Scotland
, was appointed by the Coalition Government
.
All staff are on secondment or loan from other government organisations, mainly the Scottish Government and the Ministry of Justice
.
Offices of the Advocate General
Law Officers of the Crown
The Law Officers of the Crown are the chief legal advisers to the Crown, and advise and represent the various governments in the United Kingdom and the other Commonwealth Realms. In England and Wales, Northern Ireland and most Commonwealth and colonial governments, the chief law officer of the...
, whose duty it is to advise the Crown
The Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...
and UK Government on Scots law
Scots law
Scots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...
. The Office of the Advocate General for Scotland is a ministerial department
Departments of the United Kingdom Government
Her Majesty's Government of the United Kingdom contains a number of Cabinet ministers who are usually called secretaries of state when they are in charge of Government departments called ministerial departments...
of the United Kingdom government.
History
The office of Advocate General for ScotlandScotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
was created in 1999 by the Scotland Act 1998
Scotland Act 1998
The Scotland Act 1998 is an Act of the Parliament of the United Kingdom. It is the Act which established the devolved Scottish Parliament.The Act will be amended by the Scotland Bill 2011, if and when it receives royal assent.-History:...
to be the chief legal adviser to the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
Government on Scots Law
Scots law
Scots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...
. This function had previously been carried out by the Lord Advocate
Lord Advocate
Her Majesty's Advocate , known as the Lord Advocate , is the chief legal officer of the Scottish Government and the Crown in Scotland for both civil and criminal matters that fall within the devolved powers of the Scottish Parliament...
and Solicitor General for Scotland
Solicitor General for Scotland
Her Majesty's Solicitor General for Scotland is one of the Law Officers of the Crown, and the deputy of the Lord Advocate, whose duty is to advise the Crown and the Scottish Government on Scots Law...
, who were transferred to the Scottish Executive
Scottish Executive
The Scottish Government is the executive arm of the devolved government of Scotland. It was established in 1999 as the Scottish Executive, from the extant Scottish Office, and the term Scottish Executive remains its legal name under the Scotland Act 1998...
on the establishment of the Scottish Parliament
Scottish Parliament
The Scottish Parliament is the devolved national, unicameral legislature of Scotland, located in the Holyrood area of the capital, Edinburgh. The Parliament, informally referred to as "Holyrood", is a democratically elected body comprising 129 members known as Members of the Scottish Parliament...
. The office of the Advocate General for Scotland should not be confused with that of "Her Majesty's Advocate", which is the term used for the Lord Advocate in Scottish criminal proceedings.
Advocates General for Scotland
The first holder of the office was Dr Lynda Clark, then Member of Parliament for Edinburgh PentlandsEdinburgh Pentlands (UK Parliament constituency)
Edinburgh Pentlands was a constituency of the House of Commons of the Parliament of the United Kingdom, first used in the general election of 1950, and abolished prior to the general election of 2005...
and now a member of the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
as Baroness Clark of Calton. On 18 January 2006, Baroness Clark resigned to take up office as a Senator of the College of Justice
Senator of the College of Justice
The Senators of the College of Justice are judges of the College of Justice, a set of legal institutions involved in the administration of justice in Scotland. There are three types of Senator: Lords of Session ; Lords Commissioner of Justiciary ; and the Chairman of the Scottish Land Court...
, a judge of the Supreme Courts of Scotland
College of Justice
The College of Justice is a term used to describe the Supreme Courts of Scotland, and its associated bodies.The constituent bodies of the supreme courts of Scotland are the Court of Session, the High Court of Justiciary, and the Accountant of Court's Office...
.
The office was then vacant until 15 March of that year when, under section 87 of the Scotland Act 1998
Scotland Act 1998
The Scotland Act 1998 is an Act of the Parliament of the United Kingdom. It is the Act which established the devolved Scottish Parliament.The Act will be amended by the Scotland Bill 2011, if and when it receives royal assent.-History:...
, its functions were temporarily conferred on the Secretary of State for Scotland, Alastair Darling MP, himself a Scottish advocate [cite].
There had been substantial criticism from the judiciary and others of the length of time the office had been left vacant [cite]. On 21 March, however, it was announced Neil Davidson
Neil Davidson, Baron Davidson of Glen Clova
Neil Forbes Davidson, Baron Davidson of Glen Clova, QC is a Scottish lawyer and former Advocate General for Scotland.-Background:...
QC, former Solicitor General for Scotland
Solicitor General for Scotland
Her Majesty's Solicitor General for Scotland is one of the Law Officers of the Crown, and the deputy of the Lord Advocate, whose duty is to advise the Crown and the Scottish Government on Scots Law...
, had been appointed Advocate General. He was created a life peer, as Lord Davidson of Glen Clova, on 22 March 2006.
On 14 May 2010, The Lord Wallace of Tankerness, a former Deputy First Minister of Scotland
Deputy First Minister of Scotland
The Deputy First Minister of Scotland is the deputy to the First Minister of Scotland.The post is not recognised in statute , and its holder is simply an ordinary member of the Scottish Government...
, was appointed by the Coalition Government
United Kingdom coalition government (2010–present)
The ConservativeLiberal Democrat coalition is the present Government of the United Kingdom, formed after the 2010 general election. The Conservative Party and the Liberal Democrats entered into discussions which culminated in the 2010 coalition agreement, setting out a programme for government...
.
Organisation
The Office has a staff of around 40.All staff are on secondment or loan from other government organisations, mainly the Scottish Government and the Ministry of Justice
Ministry of Justice (United Kingdom)
The Ministry of Justice is a ministerial department of the UK Government headed by the Secretary of State for Justice and Lord Chancellor, who is responsible for improvements to the justice system so that it better serves the public...
.
Offices of the Advocate General
- Advocate General's Private Office, based in London
- Legal Secretariat to the Advocate General (LSAG), based in London
- Legal Secretary to the Advocate General
- Office of the Solicitor to the Advocate General (OSAG), based in Edinburgh
- Solicitor to the Advocate General
- Deputy Solicitor to the Advocate General
- Head of Division A (Scots lawScots lawScots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...
) - Head of Division B (Primary legislationPrimary legislationPrimary legislation is law made by the legislative branch of government. This contrasts with secondary legislation, which is usually made by the executive branch...
, subordinate legislation, Scotland Act draft orders)
- Head of Division A (Scots law
- Deputy Solicitor to the Advocate General
- Solicitor to the Advocate General