SCHEDULES

I1SCHEDULE 8 Modifications of enactments

Annotations:
Commencement Information
I1

Sch. 8 wholly in force at 1.4.2000: Sch. 8 partly in force at Royal Assent see s. 130(1); specified provisions of Sch. 8 in force at 6.5.1999, 20.5.1999, 1.7.1999 and 1.4.2000 by S.I. 1998/3178, arts. 2(2), 3.

Crown Suits (Scotland) Act 1857 (c.44)

2

1

The Crown Suits (Scotland) Act 1857 is amended as follows.

2

In section 1 (Crown suits may be brought by or against 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 ”.

3

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 ”.

4

In section 3 (absence of authority cannot be founded upon), for “Her Majesty’s Advocate” there is substituted “ the appropriate Law Officer ”.

5

After section 4 there is inserted—

4A Meaning of “the appropriate Law Officer”.

In this 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.

6

In section 5 (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 ”.