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Crown Suits (Scotland) Act 1857 (c. 44)

Crown Suits (Scotland) Act 1857 1857 CHAPTER 44 20 and 21 Vict 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] F1

Legislation

Table of Content

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

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

3. Persons prosecuted not entitled to object to the instance. U.K.

4. Meaning of “the appropriate Law Officer”. U.K.

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

6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17 U.K.

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

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

3. Persons prosecuted not entitled to object to the instance. U.K.

4. Meaning of “the appropriate Law Officer”. U.K.

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

6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17 U.K.

Section 1

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

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 [ F2 (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 [ F3 the appropriate Law Officer ] as acting under this Act. Textual Amendments F2 Words in s. 1 inserted (20.5.1999) by 1998 c. 46 , s. 125 , Sch. 8 para. 2(2)(a) ; S.I. 1998/3178 , art. 2(2) , Sch. 4 F3 Words in s. 1 substituted (20.5.1999) by 1998 c. 46 , s. 125 , Sch. 8 para. 2(2)(b) ; S.I. 1998/3178 , art. 2(2) , Sch. 4

Section 2

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

Provided always, that before instituting or defending any such action, suit, or proceeding, [ F4 the appropriate Law Officer ] shall have the authority of Her Majesty [ F5 of 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. Textual Amendments F4 Words in s. 2 substituted (20.5.1999) by 1998 c. 46 , s. 125 , Sch. 8 para. 2(3)(a) ; S.I. 1998/3178 , art. 2(2) , Sch. 4 F5 Words in s. 2 inserted (20.5.1999) by 1998 c. 46 , s. 125 , Sch. 8 para. 2(3)(b) ; S.I. 1998/3178 , art. 2(2) , Sch. 4