An Act to regulate the Institution of Suits at the Instance of the Crown and the Public Departments in the Courts of Scotland.
[17th August 1857]F1
Textual Amendments
F1Preamble omitted under authority of Statute Law Revision Act 1892 (c. 19)
Modifications etc. (not altering text)
C1Short title given by Short Titles Act 1896 (c. 14)
C2Act extended (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 247(4), 302
C3Act applied (4.4.2011) by Budget Responsibility and National Audit Act 2011 (c. 4), s. 29, Sch. 1 para. 7(2)(b); S.I. 2011/892, Sch. 2
Commencement Information
I1Act wholly in force at Royal Assent.
Every action, suit, or proceeding to be instituted in Scotland on the behalf of or against Her Majesty, or in the interest of the Crown [F2(including the Scottish Administration)], or on the behalf of or against any public department, may be lawfully raised in the name and at the instance of or directed against [F3the appropriate Law Officer] as acting under this Act.
Textual Amendments
F2Words in s. 1 inserted (20.5.1999) by 1998 c. 46, s. 125, Sch. 8 para. 2(2)(a); S.I. 1998/3178, art. 2(2), Sch. 4
F3Words in s. 1 substituted (20.5.1999) by 1998 c. 46, s. 125, Sch. 8 para. 2(2)(b); S.I. 1998/3178, art. 2(2), Sch. 4
Provided always, that before instituting or defending any such action, suit, or proceeding, [F4the appropriate Law Officer] shall have the authority of Her Majesty [F5of the part of the Scottish Administration] or of the public department respectively on whose behalf or against whom such action, suit, or proceeding shall be instituted, to the institution or defence thereof.
Textual Amendments
F4Words in s. 2 substituted (20.5.1999) by 1998 c. 46, s. 125, Sch. 8 para. 2(3)(a); S.I. 1998/3178, art. 2(2), Sch. 4
F5Words in s. 2 inserted (20.5.1999) by 1998 c. 46, s. 125, Sch. 8 para. 2(3)(b); S.I. 1998/3178, art. 2(2), Sch. 4
Provided also, that it shall not be competent to any private party in any action, suit, or proceeding instituted as aforesaid, to challenge or impugn the instance of or the title to defeud such action, suit, or proceeding, or the right or title of [F6the appropriate Law Officer] to raise and prosecute or to defend the same, upon any allegation that such authority (as aforesaid) has not been granted, or that evidence of such authority is not produced.
Textual Amendments
F6Words in s. 3 substituted (20.5.1999) by 1998 c. 46, s. 125, Sch. 8 para. 2(4); S.I. 1999/3178, art. 2(2), Sch. 4
[F7(1)] The expression “public department” shall include the Treasury, the [F8Ministry of Defence],. . . . F9, the Board of Inland Revenue, the [F10Commissioners of Customs and Excise], the [F11Crown Estate Commissioners], the Commissioners of Works, the Committee of Her Majesty’s Privy Council appointed for the consideration of matters relating to Trade and Foreign Plantations, and all the like public departments, bodies, or boards, and all and every officer and officers, person and persons acting on the behalf or in the interest of or entitled at the date of the passing of this Act to sue on the behalf or in the interest of any such public department.
[F12(2)But the expression “public department” does not include [F13Crown Estate Scotland].]
Textual Amendments
F7S. 4(1): s. 4 renumbered as s. 4(1) (S.) (16.2.2017) by The Crown Estate Scotland (Interim Management) Order 2017 (S.S.I. 2017/36), arts. 1(1), 22(2)
F8Words substituted by virtue of Defence (Transfer of Functions) Act 1964 (c. 15), s. 3(2)
F9Words repealed by Post Office Act 1969 (c. 48), Sch. 11 Pt. II
F10Words substituted by virtue of Customs and Excise Act 1952 (c. 44), Sch. 10 Pt. I
F11Words substituted by virtue of S.R & O.1924/1370 (Rev. V, p. 443: 1924, p. 228), art. 1, Crown Estate Act 1956 (c. 73), s. 1(7) and Crown Estate Act 1961 (c. 55), Sch. 2 para. 4(1)
F12S. 4(2) inserted (S.) (16.2.2017) by The Crown Estate Scotland (Interim Management) Order 2017 (S.S.I. 2017/36), arts. 1(1), 22(3)
F13Words in s. 4(2) substituted (S.) (1.4.2020) by Scottish Crown Estate Act 2019 (asp 1), s. 46(2), sch. 1 para. 1; S.S.I. 2020/77, reg. 2(1), sch. 1
Modifications etc. (not altering text)
C4Functions of Commissioners of Works now exercisable by Secretary of State: S. R & O. 1945/991 9 Rev. XV, p. 232; 1945 I, p. 1414), art. 2 and S.I.1970/1681, art. 2(1)
C5S. 4 extended by Employment Protection Act 1975 (c. 71), s. 1 Sch. 1 Pt. I para. 11(2)
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.]
Textual Amendments
F14S. 4A inserted (20.5.1999) by 1998 c. 46, s. 125, Sch. 8 para. 2(5); S.I. 1998/3178, art. 2(2), Sch. 4
F15. . . No action, suit, or proceeding raised or to be raised at the instance of or against [F16the Lord Advocate or the Advocate General for Scotland] for the time being shall abate or be affected by any change in the person, holding [F16that office].
Textual Amendments
F16Words in s. 5 substituted (20.5.1999) by 1998 c. 46, s. 125, Sch. 8 para. 2(6);S.I. 1998/3178, art. 2(2), Sch. 4
Textual Amendments
F17S. 6 repealed by Statute Law Revision Act 1875 (c. 66)