The office of Advocate General for Scotland was created in 1999 by the Scotland Act 1998 to be the chief legal adviser to the United Kingdom Government on Scots Law, replacing the Lord Advocate and Solicitor General for Scotland, who were transferred to the Scottish Executive.
The office of the Advocate General for Scotland should not be confused with that of "Her Majesty's Advocate", which is another name for the Lord Advocate used in criminal proceedings.
The first holder was Dr Lynda Clark, now a member of the House of Lords as Baroness Clark. On 18 January 2006 Baroness Clark resigned to take up office as a Senator of the College of Justice. The office was vacant until 15 March when, under section 87 of the Scotland Act 1998, its functions were temporarily conferred on the Secretary of State for Scotland, Alastair Darling MP, himself a Scottish solicitor. There had been substantial criticism from the judiciary and others of the length of time the office had been left vacant. On 21 March, however, it was announced Neil Davidson QC, former Solicitor General for Scotland, had been appointed Advocate General. He was created a life peer as Lord Davidson of Glen Clova on 22 March 2006.
Friday Law Report: Confiscation Provisions Not Incompatible with Presumption of Innocence ; 16 February 2001 HM Advocate and Another V McIntosh Privy Council (Lord Bingham of Cornhill, Lord Hoffmann, Lord Hope of Craighead, Lord Clyde, Lord Hutton) 5 February
Feb 16, 2001; SECTION 3(2) of the Proceeds of Crime (Scotland) Act 1995, which provided that certain assumptions might be made in assessing the...