Advocate General for Scotland

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The office of Advocate General for Scotland was created in 1999 by the Scotland Act 1998{{Cite legislation UK |type=act |year=1998 |chapter=46 |act=Scotland Act 1998|section=87 |date=19 November 1998 |accessdate=6 April 2025 }} to be the chief legal adviser to the United Kingdom Government on Scots law. This function had previously been carried out by the Lord Advocate and Solicitor General for Scotland, who were transferred to the Scottish Government on the establishment of the Scottish Parliament.{{Cite legislation UK |type=act |year=1998 |chapter=46 |act=Scotland Act 1998|section=44 |date=19 November 1998 |accessdate=6 April 2025 }} The office of the Advocate General for Scotland should not be confused with that of "His Majesty's Advocate", which is the term used for the Lord Advocate in Scottish criminal proceedings.

The first holder of the office was Lynda Clark, then Member of Parliament for Edinburgh Pentlands and from 2005 a member of the House of Lords as Baroness Clark of Calton. On 18 January 2006, Baroness Clark resigned to take up office as a Senator of the College of Justice, a judge of the Supreme Courts of Scotland.

The office was then vacant until 15 March of that year when, under section 87 of the Scotland Act 1998, its functions were temporarily conferred on the Secretary of State for Scotland, Alistair Darling MP, himself a Scottish advocate.{{citation needed|date=January 2014}}

There had been substantial criticism from the judiciary and others of the length of time the office had been left vacant.{{citation needed|date=January 2014}} On 21 March, however, it was announced Neil Davidson, former Solicitor General for Scotland, had been appointed Advocate General. He was created a life peer, as Baron Davidson of Glen Clova, on 22 March 2006.

On 14 May 2010, Jim Wallace, Baron Wallace of Tankerness, a former Deputy First Minister of Scotland, was appointed by the coalition government.

Richard Keen was appointed Advocate General in David Cameron's majority government on 29 May 2015, and has retained the post through two subsequent prime ministers to 2020.{{Cite press release|title = Advocate General for Scotland appointed |url = https://www.gov.uk/government/news/advocate-general-for-scotland-appointed|publisher = Government of the United Kingdom |date= 29 May 2015 |access-date = 29 May 2015}} He was created a life peer, as Baron Keen of Elie, on 8 June 2015. He resigned on 16 September 2020 citing concerns arising from the UK Internal Market Bill, noting in his letter of resignation to Boris Johnson that he found it "increasingly difficult to reconcile what I consider to be my obligations as a Law Officer with your policy intentions".{{cite news|title=Lord Keen: Senior law officer quits over Brexit bill row|website=BBC News|date=16 September 2020|url=https://www.bbc.co.uk/news/uk-scotland-scotland-politics-54179745}}

Keith Stewart was appointed to succeed Keen on 15 October 2020.{{cite news|url=https://www.bbc.co.uk/news/uk-scotland-scotland-politics-54555877|title=UK government appoints QC as new Scots law chief|work=BBC News|date=15 October 2020}} Catherine Smith was appointed to the office and a life peerage by the Starmer government on 29 August 2024.

The office has a staff of around 40.

All staff are on secondment or loan from other government organisations, mainly the Scottish Government and the Ministry of Justice.{{cite web|url=http://www.oag.gov.uk/oag/files/Organograms%20OAG%20as%20at%2030%20June%202010%20new%20CO%20spec14%20Oct%202010.pdf |title=Organization chart |publisher=Office of the Advocate General |access-date=12 March 2011 |url-status=dead |archive-url=https://web.archive.org/web/20111007234527/http://www.oag.gov.uk/oag/files/Organograms%20OAG%20as%20at%2030%20June%202010%20new%20CO%20spec14%20Oct%202010.pdf |archive-date=7 October 2011 }}

Offices of the Advocate General

• Advocate General's Private Office, based in London
• Legal Secretariat to the Advocate General (LSAG), based in London
• Legal Secretary to the Advocate General
• Office of the Advocate General (OAG), based in Edinburgh
• Solicitor to the Advocate General
• Head of Litigation Division (Scots law)
• Head of Advisory & Legislation Division (Primary legislation, subordinate legislation, Scotland Act draft orders)
• Head of HMRC Division

• Advocate General
• Lord Advocate
• Attorney General for England and Wales

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• {{official website|https://www.gov.uk/government/organisations/office-of-the-advocate-general-for-scotland}}

{{Scotland Office}}

{{Departments of the United Kingdom Government|type=Ministerial|title=Advocate General for Scotland}}

{{Scottish devolution}}

{{UK Regulators Network}}

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Category:1999 establishments in Scotland

Scotland

Category:Scots law formal titles

Category:1999 in British law