The Advocate General for Scotland
The Advocate General for Scotland is a Law Officer of the Crown and (as such) principal legal adviser to the Government as regards Scots Law. On matters of common interest to the whole United Kingdom she advises jointly with the other United Kingdom Law Officers, the Attorney General and Solicitor General. She also exercises statutory functions under the Scotland Act. She can refer Bills of the Scottish Parliament to the Judicial Committee of the Privy Council for decisions on their competence, and for this purpose considers Bills as they progress. She can raise proceedings in the courts or the Judicial Committee on devolution issues (ie in broad terms, questions whether legislation of the Scottish Parliament or acts of the Scottish Ministers are, respectively, within legislative or devolved competence, which may include questions whether they are compliant with human rights or EC law). She receives notice of all devolution issues raised in court cases and can intervene in the courts or the Judicial Committee. Her functions are entirely distinct from, and independent of, those of the Secretary of State for Scotland.
The Office of the Solicitor to the Advocate General for Scotland (OSAG), within the Department for Constitutional Affairs, provides legal services in Scotland to United Kingdom Government Departments. The Office provides legal advice in relation to Scots law, instructs United Kingdom legislation applying to Scotland and represents Departments in litigation in the Scottish Courts. It acts for most Whitehall Departments, as well as the Scotland Office itself. OSAG also provides support for the Advocate General in carrying out her statutory functions under the Scotland Act. The Legal Secretariat to the Advocate General for Scotland supports the Advocate General in her work as a UK Law Officer. They co-operate with the Legal Secretariat to the Law Officers (Attorney General and Solicitor General) in the provision of draft advice for consideration by the Law Officers. The Legal Secretariat also assists the Advocate General in relation to Parliamentary and Cabinet Committee business, correspondence, speeches and any other matters that arise.
For further information please visit www.oag.gov.uk