Advocate General for Scotland

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Her Majesty's Advocate General for Scotland (Scottish Gaelic: Àrd-neach-tagraidh na Bànrighe airson Alba) 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.[1] The current Advocate General for Scotland is Lord Wallace of Tankerness, who was appointed on 14 May 2010 by the Prime Minister, David Cameron.[2]

History[edit]

The office of Advocate General for Scotland 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.

Advocates General for Scotland[edit]

The first holder of the office was Dr Lynda Clark, then Member of Parliament for Edinburgh Pentlands 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[citation needed].

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.

Organisation[edit]

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.[3]

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 Advocate General (OAG), based in Edinburgh

See also[edit]

References[edit]

External links[edit]