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  1. Constitutions
  2. United Kingdom of Great Britain and Northern Ireland
  3. The Scottish Law Officers.

🇬🇧 United Kingdom of Great Britain and Northern IrelandConstitution

Scotland Act 1998

The Scottish Law Officers.

Jurisdiction
United Kingdom of Great Britain and Northern Ireland
Provision
48
Source language
English
Recorded status
in force
More details
Recorded status
in force

Provision text

Official source
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 Government 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 Criminal 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 House of Commons Disqualification Act 1975 (Ministerial offices) and Part III of Schedule 1 to the Ministerial and other Salaries Act 1975 (salaries of the Law Officers), the entries for the Lord Advocate and the Solicitor General for Scotland are omitted.

Source record

Source and verification

Scotland Act 1998 · legislation.gov.uk · Retrieved 17 August 2026.

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