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Scotland Act 1998

Details of Provisions

Paragraph 2(1) provides that the Crown Suits (Scotland) Act 1857 shall be amended.

Paragraph 2(2) provides that in section 1 (Crown Suits may be brought by or against the 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”.

Paragraph 2(3) provides that 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”.

Paragraph 2(4) provides that in section 3 (absence of authority cannot be founded upon):

(a)

for “Her Majesty’s Advocate” there is substituted “the appropriate Law Officer”.

Paragraph 2(5) inserts into the 1857 Act a new section 4A which provides that in the 1857 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.

Paragraph 2(6) provides that in section 5 of the 1857 Act (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”.

See also the Scotland Act 1998 (General Transitory, Transitional and Savings Provisions) Order 1999 (S.I. 1999/901), which includes transitional provisions relating to these amendments.

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