The Transfer of Functions (Lord Advocate and Advocate General for Scotland) Order 1999

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Transfer of Functions (Lord Advocate and Advocate General for Scotland) Order 1999.

(2) This Order shall come into force immediately before the time by reference to which the Lord Advocate’s retained functions are determined for the purposes of section 52(6)(a) of the Scotland Act 1998(1).

(3) In this Order, “the Advocate General” means the Advocate General for Scotland.

Transfer of functions from Lord Advocate to Advocate General

2.  The functions of the Lord Advocate under the enactments specified in the Schedule to this Order are hereby transferred to the Advocate General.

Supplemental and consequential

3.  All property, rights and liabilities to which the Lord Advocate is entitled or subject at the coming into force of this Order in connection with any function transferred by this Order are hereby transferred to the Advocate General.

4.—(1) This Order shall not affect the validity of anything done (or having effect as if done) by or in relation to the Lord Advocate before the coming into force of this Order.

(2) Anything (including any legal proceedings) which, at the coming into force of this Order, is in the process of being done by or in relation to the Lord Advocate may, so far as it relates to anything transferred by this Order, be continued by or in relation to the Advocate General.

(3) Anything done (or having effect as if done) by or in relation to the Lord Advocate for the purposes of or in connection with anything transferred by this Order shall, if in force at the coming into force of this Order, have effect as if done by or in relation to the Advocate General in so far as that is required for continuing its effect after the coming into force of this Order.

(4) Any enactment, instrument or other document passed or made before the coming into force of this Order shall have effect, so far as may be necessary for the purposes of or in consequence of any transfer effected by this Order, as if for any references to the Lord Advocate there were substituted references to the Advocate General.

A K Galloway

Clerk of the Privy Council