Convention Rights (Compliance) (Scotland) Act 2001

PART 5 S PROCURATOR FISCAL OF THE LYON COURT

11 Appointment of procurator fiscal of the Lyon CourtS

(1)The Lyon King of Arms Act 1867 (c.17) is amended as follows.

(2)In section 9 (duties and fees of herald painter and procurator fiscal of Lyon Court)—

(a)the words—

(i)“and procurator fiscal of the Lyon Court”;

(ii)“respectively”; and

(iii)“or procurator fiscal”,

are repealed; and

(b)for “and procurator fiscal aforesaid have” there is substituted “ has ”.

(3)After section 9, there is inserted—

9A Appointment of procurator fiscal of the Lyon Court

(1)The procurator fiscal of the Lyon Court shall be a person who is legally qualified and shall be appointed by the Scottish Ministers on such terms and conditions as they determine.

(2)For the purposes of subsection (1) above, a person is legally qualified if that person is an advocate or a solicitor..

(4)The procurator fiscal of the Lyon Court holding office immediately before the coming into force of this section shall cease to hold that office on the day this Part of this Act comes into force.