Version Superseded: 03/07/2012
Point in time view as at 06/08/1999. This version of this provision has been superseded.
Scotland Act 1998, Section 48 is up to date with all changes known to be in force on or before 06 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)It is for the First Minister to recommend to Her Majesty the appointment or removal of a person as Lord Advocate or Solicitor General for Scotland; but he shall not do so without the agreement of the Parliament.
(2)The Lord Advocate and the Solicitor General for Scotland may at any time resign and shall do so if the Parliament resolves that the Scottish Executive no longer enjoys the confidence of the Parliament.
(3)Where the Lord Advocate resigns in consequence of such a resolution, he shall be deemed to continue in office until the warrant of appointment of the person succeeding to the office of Lord Advocate is granted, but only for the purpose of exercising his retained functions.
(4)Subsection (3) is without prejudice to section 287 of the M1Criminal Procedure (Scotland) Act 1995 (demission of office by Lord Advocate).
(5)Any decision of the Lord Advocate in his capacity as head of the systems of criminal prosecution and investigation of deaths in Scotland shall continue to be taken by him independently of any other person.
(6)In Schedule 2 to the M2House of Commons Disqualification Act 1975 (Ministerial offices) and Part III of Schedule 1 to the M3Ministerial and other Salaries Act 1975 (salaries of the Law Officers), the entries for the Lord Advocate and the Solicitor General for Scotland are omitted.
Commencement Information
I1S. 48(1) in force at 6.5.1999 for certain purposes and 20.5.1999 otherwise and s. 48(2)-(6) in force at 20.5.1999 by S.I. 1998/3178, art. 2(2), Schs. 3, 4
Marginal Citations
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