Scotland Act 1998
7
- Jurisdiction
- United Kingdom of Great Britain and Northern Ireland
- Provision
- 7
- Source language
- English
- Recorded status
- in force
More details
- Recorded status
- in force
Provision text
Official source1 The Crown Proceedings Act 1947 is amended as follows. 2 In section 38(2) (interpretation)— a in the definition of “ His Majesty’s aircraft ”, after “Kingdom” there is inserted “ or the Scottish Administration ” , b in the definition of “ His Majesty’s ships ”, after “Kingdom” there is inserted “ or the Scottish Administration ” and after “said Government” there is inserted “ or Administration ” , and c in the definition of “ officer ”, after “Minister of the Crown” there is inserted “ and a member of the Scottish Executive ” . 3 In section 40 (savings)— a in subsection (2), after “in the United Kingdom”, in each place where those words appear, there is inserted “ or the Scottish Administration ” , and b after subsection (3) there is inserted— 3A A certificate of the Scottish Ministers to the effect that— a any alleged liability of the Crown arises otherwise than in respect of the Scottish Administration, b any proceedings by the Crown are proceedings otherwise than in right of the Scottish Administration, shall, for the purposes of this Act, be conclusive as to that matter. 4 In the proviso to section 44 (remit from sheriff court to Court of Session on Lord Advocate’s certificate)— a for “Lord Advocate” there is substituted “ appropriate Law Officer ” , and b at the end there is inserted— In this proviso, “ the appropriate Law Officer ” means— a the Lord Advocate, where the proceedings are against any part of the Scottish Administration, and b the Advocate General for Scotland, in any other case. 5 In section 50 (application to Scotland of section 35), subsection (2) of section 35 as substituted for Scotland is amended as follows— a in paragraph (d)— i after “Crown” there is inserted “ in right of Her Majesty’s Government in the United Kingdom ” , ii for “Lord Advocate” there is substituted “ Advocate General for Scotland ” , and iii after “department”, in the second place where it appears, there is inserted— i shall not be entitled to avail itself of any set-off or counterclaim if the subject matter thereof relates to the Scottish Administration, and ii , and b after that paragraph there is inserted— e a part of the Scottish Administration, in any proceedings against that part or against the Lord Advocate on its behalf, shall not be entitled to avail itself of any set-off or counterclaim if the subject matter thereof relates to another part of the Scottish Administration or to the Crown in right of Her Majesty’s Government in the United Kingdom. 6 In section 51(2) (application to Scotland of section 38), in paragraph (ii), after “Lord Advocate” there is inserted “ or the Advocate General for Scotland ” .
Source record
Source and verification
Scotland Act 1998 · legislation.gov.uk · Retrieved 17 August 2026.
Check the upstream source for currency, amendments, and official formatting. The recorded status describes this source version.
Open upstream source