We are responsible for:
- providing legal advice to UK government departments on policy and legislation affecting Scotland and the Scottish devolution settlement
- representing the UK government in the courts and tribunals in Scotland
- supporting the Advocate General in his capacity as a UK Law Officer, including the exercise of statutory functions under the Scotland Act
In 2017 our priorities are:
We will advise UK government departments on the implications of their policies for Scotland and work with them to ensure UK legislation works for Scotland. We will review Scottish Parliament legislation in support of the Advocate General’s statutory function under section 33 of the Scotland Act and engage with UK government departments and the Scottish Government to ensure implications of Scottish legislation are understood and competence issues are addressed.
We will continue to discharge effectively litigation in the Scottish courts and tribunals and in the UK Supreme Court for departments such as Home Office, Department of Work and Pensions and HM Revenue & Customs. We will support the Advocate General in discharging his statutory functions under Schedule 6 to the Scotland Act.
We will to work to support Scotland’s continuing place within the UK, including contributing to the cross-government work in relation to Exiting the European Union.
We will work to ensure that the UK government operates effectively for Scotland in reserved areas and facilitate cooperation between Scotland’s two administrations.
We will work to ensure that UK government Ministers achieve their objectives in Scotland, and, in particular, support the Advocate General for Scotland and the Secretary of State for Scotland.
Who we are
The Office of the Advocate General consists of around 30 lawyers plus administrative staff, with offices in Victoria Quay, Edinburgh and in Dover House, London.
We have 4 divisions. The Litigation Division provides Scots law advice and support in respect of any action raised by or against a UK government department in Scotland. It also supports the Advocate General in relation to his devolution issue functions under the Scotland Act 1998 and in respect of any action raised or defended in the Scottish Courts. Involvement in Cases
The Advisory and Legislation Division provides legal advice and services to UK government departments, ensuring Scots Law and the devolution settlement are taken into account in the development of UK government policy and legislation.
The HMRC Division deals with HM Revenue & Customs’ legal work in Scotland. This covers tax appeals through the tribunal system and on appeal to the higher courts, as well as a variety of other litigation for the department. The team also provides advisory services to HMRC in relation to Scottish matters, and undertakes some legislative work, notably in connection with the annual Finance Bill.
The Legal Secretariat to the Advocate General provides support to the Advocate General in his capacity as a UK Law Officer, including the exercise of statutory functions under the Scotland Act. It also supports him with his Ministerial responsibilities, including supporting him as a member of Cabinet Committees and as a Member of the House of Lords.