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- (b) for “Her Majesty’s Advocate for the time being” there is substituted “the appropriate Law Officer”.
(3) In section 2 (authority of Crown required)—
- (a) for “Her Majesty’s Advocate” there is substituted “the appropriate Law Officer”, and
- (b) after “Majesty” there is inserted “of the part of the Scottish Administration”.
(4) In section 3 (absence of authority cannot be founded upon), for “Her Majesty’s Advocate” there is substituted “the appropriate Law Officer”.
(5) After section 4 there is inserted—
- “Meaning of “the appropriate Law Officer”.
- 4A. 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.”
(6) In section 5 (change of Lord Advocate not to affect proceedings)—
- (a) for “Her Majesty’s Advocate” there is substituted “the Lord Advocate or the Advocate General for Scotland”, and
- (b) for “the office of Her Majesty’s Advocate” there is substituted “that office”.
Sheriff Courts and Legal Officers (Scotland) Act 1927 (c. 35)
3.—(1) The Sheriff Courts and Legal Officers (Scotland) Act 1927 is amended as follows.
(2) In section 1(2) (appointment etc. of procurator fiscal), “with the consent of the Treasury” is omitted.
(3) In section 2 (appointment of sheriff clerk and procurator fiscal deputes), “with the consent of the Treasury as to numbers and salaries” is omitted.
(4) In section 3 (whole-time sheriff clerks and procurators fiscal and deputes), “and in either case with the consent of the Treasury” is omitted.
(5) In section 5 (whole-time clerks), “with the consent of the Treasury as to numbers and salaries” is omitted.
(6) In section 12 (prosecutions at instance of procurator fiscal), “after consultation with the Treasury” is omitted.
Administration of Justice (Scotland) Act 1933 (c. 41)
4. 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.
Private Legislation Procedure (Scotland) Act 1936 (c. 52)
5. In section of the Private Legislation Procedure (Scotland) Act 1936 (application for provisional order: notices), after subsection (4) there is added—
- “(5) This section shall not apply where any public authority or any persons desire to obtain parliamentary powers the conferring of which is wholly within the legislative competence of the Scottish Parliament.”
