Scotland Act 1998

Crown Suits (Scotland) Act 1857 (c.44) U.K.

2 (1) The Crown Suits (Scotland) Act 1857 is amended as follows. U.K.

(2) In section 1 (Crown suits may be brought by or against Lord Advocate)—

(a) after “Crown” there is inserted “ (including the Scottish Administration) ”, and

(b) for “Her Majesty’s Advocate for the time being” there is substituted “ the appropriate Law Officer ”.

(3) In section 2 (authority of Crown required)—

(a) for “Her Majesty’s Advocate” there is substituted “ the appropriate Law Officer ”, and

(b) after “Majesty” there is inserted “ of the part of the Scottish Administration ”.

(4) In section 3 (absence of authority cannot be founded upon), for “Her Majesty’s Advocate” there is substituted “ the appropriate Law Officer ”.

(5) After section 4 there is inserted—

“4A Meaning of “the appropriate Law Officer”.

In this Act “the appropriate Law Officer” means—

(a) the Lord Advocate, where the action, suit or proceeding is on behalf of or against any part of the Scottish Administration, and

(b) the Advocate General for Scotland, in any other case.”

(6) In section 5 (change of Lord Advocate not to affect proceedings)—

(a) for “Her Majesty’s Advocate” there is substituted “ the Lord Advocate or the Advocate General for Scotland ”, and

(b) for “the office of Her Majesty’s Advocate” there is substituted “ that office ”.