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Crown Suits (Scotland) Act 1857

20 & 21 Vict. c. 44 · Enacted 17 August 1857 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 1 April 2020.

An Act to regulate the Institution of Suits at the Instance of the Crown and the Public Departments in the Courts of Scotland.

[17th August 1857]F1C1I1C2C3

Annotations to the whole text

Textual amendments

F1

Preamble omitted under authority of Statute Law Revision Act 1892 (c. 19)

Modifications

C1

Short title given by Short Titles Act 1896 (c. 14)

C2

Act extended (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 247(4), 302

C3

Act applied (4.4.2011) by Budget Responsibility and National Audit Act 2011 (c. 4), s. 29, Sch. 1 para. 7(2)(b); S.I. 2011/892, Sch. 2

Commencement

I1

Act wholly in force at Royal Assent.

Contents

  1. 1Crown suits, &c. may be brought in name of the Lord advocate.
  2. 2with the sanction of the public department having the interest.
  3. 3Persons prosecuted not entitled to object to the instance.
  4. 4Meaning of “public department.”
  5. 4AMeaning of “the appropriate Law Officer”.
  6. 5Existing actions, &c. not to be affected.
  7. 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed

1Crown suits, &c. may be brought in name of the Lord advocate.

Every action, suit, or proceeding to be instituted in Scotland on the behalf of or against Her Majesty, or in the interest of the Crown F1(including the Scottish Administration), or on the behalf of or against any public department, may be lawfully raised in the name and at the instance of or directed against F2the appropriate Law Officer as acting under this Act.

2with the sanction of the public department having the interest.

Provided always, that before instituting or defending any such action, suit, or proceeding, F1the appropriate Law Officer shall have the authority of Her Majesty F2of the part of the Scottish Administration or of the public department respectively on whose behalf or against whom such action, suit, or proceeding shall be instituted, to the institution or defence thereof.

3Persons prosecuted not entitled to object to the instance.

Provided also, that it shall not be competent to any private party in any action, suit, or proceeding instituted as aforesaid, to challenge or impugn the instance of or the title to defeud such action, suit, or proceeding, or the right or title of F1the appropriate Law Officer to raise and prosecute or to defend the same, upon any allegation that such authority (as aforesaid) has not been granted, or that evidence of such authority is not produced.

4Meaning of “public department.”C1C2

F1(1)

The expression “public department” shall include the Treasury, the F2Ministry of Defence,. . . . F3, the Board of Inland Revenue, the F4Commissioners of Customs and Excise, the F5Crown Estate Commissioners, the Commissioners of Works, the Committee of Her Majesty’s Privy Council appointed for the consideration of matters relating to Trade and Foreign Plantations, and all the like public departments, bodies, or boards, and all and every officer and officers, person and persons acting on the behalf or in the interest of or entitled at the date of the passing of this Act to sue on the behalf or in the interest of any such public department.

F6(2)

But the expression “public department” does not include F7Crown Estate Scotland.

4AMeaning of “the appropriate Law Officer”.F1

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.

5Existing actions, &c. not to be affected.

F1. . . No action, suit, or proceeding raised or to be raised at the instance of or against F2the Lord Advocate or the Advocate General for Scotland for the time being shall abate or be affected by any change in the person, holding that office.

6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1