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Topic: Advocate General for Scotland


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  Advocate General for Scotland - Wikipedia, the free encyclopedia
Her Majesty's Advocate General for Scotland (Àrd-neach-tagraidh na Bànrighe airson Alba in Gaelic) is one of the Law Officers of the Crown, whose duty is to advise the Crown and UK Government on Scots law.
The office of Advocate General for Scotland was created in 1999 by the Scotland Act 1998 to be the chief legal adviser to the United Kingdom Government on Scots Law, replacing the Lord Advocate and Solicitor General for Scotland, who were transferred to the Scottish Executive.
The Lord Advocate is the senior, and the Advocate General for Scotland ranks after him or her, followed by the Solicitor General for Scotland.
en.wikipedia.org /wiki/Advocate_General_for_Scotland   (279 words)

  
 NationMaster.com - Encyclopedia: Solicitor General for Scotland
Her Majesty's Solicitor General for Scotland (Àrd-neach-lagha a' Chrùin an Alba) is one of the Law Officers of the Crown, and the deputy of the Lord Advocate, whose duty is to advise the Crown and the Scottish Executive on Scots Law.
Her Majestys Advocate, known as the Lord Advocate (Morair Tagraidh in Scots Gaelic), was the chief legal adviser of the United Kingdom Government and the Crown in Scotland for both civil and criminal matters until the passing of the Scotland Act 1998.
Her Majestys Advocate General for Scotland is one of the Law Officers of the Crown, whose duty is to advise the Crown and Government on the law.
www.nationmaster.com /encyclopedia/Solicitor-General-for-Scotland   (3437 words)

  
 Admiralty
It is of the highest importance in war time, when questions of seizure or detention of neutral ships arise, to have but one court of which to inquire concerning all causes, so as to expedite the action of the Foreign Office in dealing with representations from neutral powers.
At present the office of vice-admiral of England is a perfect sinecure, generally conferred on some naval officer of high rank and distinguished character in the service.
He is the general legal adviser, in the first instance, of the lords commissioners; and since 1869 there have been added to his other functions those of registrar of public securities and custodian of all public securities and bonds belonging to the admiralty.
www.1902-encyclopedia.com /A/ADM/admiralty.html   (3211 words)

  
 Scottish Parliament - Wikipedia, the free encyclopedia
At the first meeting of the parliament on 12 May 1999, Winnie Ewing (the Mother of Parliament or "Oldest Qualified Member" as she was described in the Official Report of debates) declared that the "Scottish Parliament which adjourned on 25 March 1707, is hereby reconvened".
Critics of this view argue that the old Parliament of Scotland remains merged in the Parliament of the United Kingdom, because the United Kingdom parliament continues to represent constituencies in Scotland, and Scotland remains subject, ultimately, to a government responsible to the United Kingdom parliament.
Popular arguments against the parliament before the UK general election of 1997, levelled mainly by the Conservative and Unionist Party, were that the Parliament would create a "slippery slope" to Scottish independence, and provide the pro-independence Scottish National Party with a route to power.
en.wikipedia.org /wiki/Scottish_Parliament   (1828 words)

  
 [No title]   (Site not responding. Last check: 2007-10-22)
The Advocate General and the Parliamentary corporation [17] It has been necessary to set out the provisions relating to the Advocate General and the Parliamentary corporation at some length because of submissions about their respective positions on which I was asked to make a decision at the outset of the hearing.
The petitioners have complied with rule 25A.2 by serving the petition on the Advocate General as the relevant authority, whose role, in a case of this type, is to represent the public interest and to assist the court.
The service of the present proceedings on the Advocate General was not, in terms either of the pleadings or the Rules of Court, intended to, and moreover could not, oblige her to act as principal contradictor of the petition, or indeed a contradictor at all, and thus to fetter the exercise of her discretion.
www.chunt.org /lord_nimmo_smith.doc   (16420 words)

  
 Office to the Advocate General for Scotland   (Site not responding. Last check: 2007-10-22)
The Advocate General for Scotland is a Minister of the Crown and is one of the three UK Law Officers, along with the Attorney General and the Solicitor General for England and Wales.
The Advocate General is ministerially responsible to the UK Parliament for the Office of Solicitor to the Advocate General and the Legal Secretariat to the Advocate General, as well as the Private Office.
The Scotland Act also requires that the Advocate General be provided with notice of all devolution issues as defined in Schedule 6 to that Act raised in the courts and separately confers the power to raise proceedings on such issues.
www.oag.gov.uk   (373 words)

  
 NationMaster.com - Encyclopedia: Lynda Clark
She was Advocate General for Scotland from the creation of that position in 1999 until 2006, whereupon she became a Judge of the Court of Session in Scotland.
Edinburgh Pentlands was created as a constituency of the House of Commons of the Parliament of the United Kingdom at the general election of 1950 and was abolished at the general election of 2005.
The University of Dundee is the principal university in the city and Royal Burgh of Dundee, Scotland.
www.nationmaster.com /encyclopedia/Lynda-Clark   (1187 words)

  
 [No title]
The advocate depute conceded that the delay which had occurred in the prosecution of these charges was an unreasonable delay and that this was contrary to article 6(1).
As the written case for the Lord Advocate explains, he seeks to restrict the ambit of the word “act” in section 57(2) so that it excludes, in all but the rarest of cases, any act in prosecuting an offence which is carried out by him or on his authority.
In H M Advocate v Robb, 2000 JC 127, 131E Lord Penrose said that there was no justification for giving the word “act” a restricted meaning and that it was apt to encompass all actions taken or avoided in the course of the prosecution of offences.
www.abdn.ac.uk /~law017/regional/rourke.doc   (20056 words)

  
 Devolution: 13 Jan 2004: House of Commons debates (TheyWorkForYou.com)   (Site not responding. Last check: 2007-10-22)
Thus, a devolution issue before the Privy Council may raise more general principles that in other cases are considered by the House of Lords.
Sticking with the supreme court, does the Advocate-General agree with her fellow members of the Faculty of Advocates who recently concluded that the current proposals for a UK supreme court were unconstitutional?
If there were any suggestion that there was any illegality in the proposed arrangements, that might be referred to me as a Law Officer but, on the general issues, there is no question, in my view, of their being unconstitutional, in the sense of illegal.
www.theyworkforyou.com /debates/?id=2004-01-13.658.2   (801 words)

  
 Marxists Writers Archive   (Site not responding. Last check: 2007-10-22)
Palestinian Jewish Trotskyist, developed critique of Stalinist Russia as a form of "bureaucratic state capitalism", laid the basis of the theory of 'deflected' permanent revolution and the 'permanent' arms economy, founder of Internatioonal Socialist Tendency.
Staunch advocate of Women's rights, wrote also on the history of religion, morals, literature, language, and comedy.
Advocated the orientation to the workers movement, combining parliamentary and extra-parliamentary means of struggle.
www.marxists.org /archive   (2129 words)

  
 ipedia.com: Lord Advocate Article   (Site not responding. Last check: 2007-10-22)
Her Majesty's Advocate, known as the Lord Advocate, was the chief legal adviser of the United Kingdom Government and the Crown in Scotland for both civil and criminal matters until the passing of the...
Her Majesty's Advocate, known as the Lord Advocate, was the chief legal adviser of the United Kingdom Government and the Crown in Scotland for both civil and criminal matters until the passing of the Scotland Act 1998.
Unlike the Attorney General for England and Wales, the Lord Advocate is not head of the Scottish Bar: that position is held by the Dean of the Faculty of Advocates.
www.ipedia.com /lord_advocate.html   (233 words)

  
 Devolution: 2 Dec 2003: House of Commons debates (TheyWorkForYou.com)   (Site not responding. Last check: 2007-10-22)
The Lord Advocate is in charge of criminal prosecution in Scotland, and he is perfectly entitled to come to his own decision in relation to these matters.
I have had some general discussions about legal issues, but generally the policy matters are not for me. The legal issues are still to be worked out, and my legal officials will be actively involved in taking forward the Bill.
The Advocate-General will be aware of the outrage in Scotland over the Home Secretary's latest immoral proposal to punish asylum seekers, by taking their children into care.
www.theyworkforyou.com /debates/?id=2003-12-02.358.6   (654 words)

  
 Law Officers of the Crown   (Site not responding. Last check: 2007-10-22)
The Attorney General for England and Wales is the chief legal adviser of Crown in England and Wales and a of the Government.
The Attorney General has public interest functions: example he is the trustee of default a sole trustee has died and can take cases to the Law Lords where points of general legal importance to be settled.
Under the recent constitutional reforms the Advocate has become an officer of the Scottish Executive while the United Kingdom Government is advised on Scottish law by the Advocate General for Scotland.
www.freeglossary.com /Law_Officers_of_the_Crown   (765 words)

  
 The Scotsman - Call to toughen up rape sentences   (Site not responding. Last check: 2007-10-22)
The Lord Advocate and Solicitor General for Scotland say having sex with a sleeping woman should be treated as seriously as other forms of rape, and urged the Court of Criminal Appeal to brand an 18-month sentence as "unduly lenient" and to at least double it.
The judge at the centre of the controversy maintained it was "absurd" to suggest a man who took advantage of a drunk woman was as bad as one who overcame her by force.
I took account of the fact that the crime was committed because (the woman) was incapable of giving her consent, rather than that her will and resistance were overcome by the use of force or the threat of force.
thescotsman.scotsman.com /index.cfm?id=771682003   (791 words)

  
 Scotland Office - Who we are - Advocate General for Scotland
The Prime Minister has appointed Neil Davidson QC to the post of Advocate General for Scotland, the senior Scots legal adviser to the Government.
Following the resignation of the previous office holder, Baroness Clark of Calton QC, on 18 January 2006 to become a judge in Scotland, the functions of the Advocate General were temporarily conferred on the Secretary of State for Scotland, Alistair Darling MP under section 87(3) of the Scotland Act.
This conferral ceased with the appointment of Neil Davidson QC as Advocate General.
www.scotlandoffice.gov.uk /who-we-are/advocate-general.html   (222 words)

  
 Justice (Northern Ireland) Act 2002
(a) in paragraph (a), for "Attorney General for Northern Ireland and the Attorney General" substitute "Advocate General for Northern Ireland and the Attorney General for Northern Ireland", and
In section 110(8) of the Government of Wales Act 1998 (notice to be given to the relevant law officer), for "Attorney General for Northern Ireland" substitute "Advocate General for Northern Ireland".
In section 102(7) of the Scotland Act 1998 (notice to be given to the appropriate law officer), for "Attorney General for Northern Ireland" substitute "Advocate General for Northern Ireland".
www.legislation.hmso.gov.uk /acts/acts2002/20026--n.htm   (1777 words)

  
 Speech for The Lord Advocate - Conference on Scottish Devolution - Strathclyde Univ 27 Feb 98
The Lord Advocate was recognised as an important officer of the State well before the Union of 1707 and indeed, was an ex-officio member of the 1707 Scottish Parliament.
Accordingly, this traditional position of the Lord Advocate as head of the systems of criminal prosecution and investigations of death is preserved and entrenched in Clause 28(2)(e) of the Bill.
While securing the constitutional position of the Lord Advocate and the Solicitor General for Scotland and maintaining the status quo in relation to the Lord Advocate's retained functions, it was also essential to ensure that his traditional independence and that of the procurator fiscal service was not eroded.
www.scotland.gov.uk /library/documents2/la-speech0.htm   (3601 words)

  
 advocate - Hutchinson encyclopedia article about advocate
One summoned to a person's aid, especially in a court of law; professional pleader in a court of justice.
More common terms are attorney, lawyer, barrister, or counsel, but advocate is retained in such countries as Scotland and France, whose legal systems are based on Roman law.
A DISTINGUISHED Advocate of Republican Institutions was seen pickling his shins in the ocean.
encyclopedia.farlex.com /advocate   (219 words)

  
 House of Commons Hansard Debates for 29 Jun 2004 (pt 3)
Six of the 10 most deprived areas in Scotland are in Glasgow's east end, where 20,000 people are unemployed.
Lady general issues relating to the statutory structure, if that would be of assistance to her.
I think that these matters will generally be regarded as devolved, but I am sure that, with his great experience, my hon.
www.publications.parliament.uk /pa/cm200304/cmhansrd/vo040629/debtext/40629-03.htm   (2368 words)

  
 House of Lords - Macdonald (AP) (Appellant) v. Advocate General for Scotland (Respondent) (Scotland), Pearce ...
Advocate General for Scotland (Respondent) (Scotland), Pearce (Appellant) v.
The Advocate-General for Scotland accepted that this treatment violated Mr Macdonald's rights under article 8 (respect for private life) considered separately and in conjunction with article 14 (discrimination).
In Burton v De Vere Hotels Ltd [1997] ICR 1 two fl waitresses, clearing tables in the banqueting hall of a hotel, were the butt of racist and sexist jibes made by a guest speaker entertaining the assembled all-male company at a private dinner party.
www.parliament.the-stationery-office.co.uk /pa/ld200203/ldjudgmt/jd030619/macdon-1.htm   (4088 words)

  
 Scotland Office - Devolution - 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.
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.
www.scotlandoffice.gov.uk /devolution/advocate-general.html   (360 words)

  
 Scotland Act 1998   (Site not responding. Last check: 2007-10-22)
It amends the 1857 Act to enable actions by or against the Scottish Administration to run in the name of the Lord Advocate while actions by or against the UK Government may be brought by or against the Advocate General.
The effect is that Treasury consent is not required for the fixing by the Lord Advocate of the number of procurators fiscal in Scotland or the limits of the districts for which they act.
The provisions requiring the Lord Advocate to nominate candidates for posts in the service of the High Court, including macers, date from a period when the more senior posts in the Supreme Courts were often filled on a part-time basis by members of the legal profession and other prominent figures.
www.opsi.gov.uk /ACTS/en1998/98en46aj.htm   (3785 words)

  
 Scotland Act 1998
In the Administration of Justice (Scotland) Act 1933, in sections 24(7) and 25 (officers of Court of Session etc.), "and shall be exercised on nomination by the Lord Advocate" is omitted.
In section 1(1) of the Public Registers and Records (Scotland) Act 1948 (appointment etc. of Keeper of the Registers and Keeper of the Records), for "Secretary of State" there is substituted "Scottish Ministers".
In section 135(1) of the Education (Scotland) Act 1980 (interpretation), in the definition of "Her Majesty's inspectors", "on the recommendation of the Secretary of State" is omitted.
www.hmso.gov.uk /acts/acts1998/80046-ac.htm   (3274 words)

  
 Scotland Office - History - Scotland Office
Proposals for devolution for Scotland were first considered by Parliament as long ago as 1894, and a number of proposals for devolution were made both by Government and outside Government before 1997.
The Advocate General is a UK Law Officer of the Government and gives legal advice to the Government on Scots law and devolution.
The Advocate General also has power to intervene if difficulties arise over whether legislation passed by the Scottish Parliament is within its competence.
www.scotlandoffice.gov.uk /history/scotland-office.html   (825 words)

  
 LIST OF CASES / MacDonald v Advocate General for Scotland 2003   (Site not responding. Last check: 2007-10-22)
MacDonald v Advocate General for Scotland [2003] UKHL 34, House of Lords' opinions delivered on 19th June 2003 (heard together with Pearce v Governing Body of Mayfield School 2003), reported together at [2003] ICR 937 HL(Sc) (also reported at [2003] IRLR 512).
Ministry of Defence 2002 to go to the ICR headnote of the Court of Session ruling of 1st June 2001 in this case (upheld by the House of Lords on 19th June 2003).
The most recent general update is based on law as known at 15th May 2006.
www.emplaw.co.uk /free/4frame/data/0irlr748.htm   (345 words)

  
 Advocate In Law in directory.co.uk
Anti-seat belt law advocate is killed in automobile accident.
MannBenham Limited is an incorporated legal practice of Isle of Man Advocates operating from Douglas, Isle of Man. We are a commercial law firm.
Home » Articles » advocate » law advocates and an accomplished advocate...
www.directory.co.uk /Advocate_In_Law.htm   (202 words)

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