United Kingdom Advocate General for Scotland
Royal Coat of Arms used by the Monarch inScotland
Flag of Scotland
Incumbent The Baroness Smith of Cluny since 29 August 2024
Office of the Advocate General for Scotland
Style	The Right Honourable
Reports to	Prime Minister
Appointer	The King (on the advice of the Prime Minister)
Term length	At His Majesty's pleasure
Formation	1999

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His Majesty's Advocate General for Scotland is one of theLaw Officers of the Crown, whose duty it is to advise theCrown andHis Majesty's Government onScots law. TheOffice of the Advocate General for Scotland is aministerial department of theGovernment of the United Kingdom.^[1] The position is currently occupied byBaroness Smith of Cluny KC.^[2]

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The office of Advocate General for Scotland was created in 1999 by theScotland Act 1998^[3] to be the chief legal adviser to the United Kingdom Government on Scots law. This function had previously been carried out by theLord Advocate andSolicitor General for Scotland, who were transferred to theScottish Government on the establishment of theScottish Parliament.^[4] The office of the Advocate General for Scotland should not be confused with that of "His Majesty's Advocate", which is the term used for the Lord Advocate inScottish criminal proceedings.

Advocate General for Scotland

Portrait		Name (birth–death)	Term of office		Party	Ministry	Ref.
		The Right Honourable Lynda Clark Baroness Clark of Calton[a] PC QC (born 1949)	19 May 1999	18 January 2006	Labour	Blair I	[5]
						Blair II
		The Right Honourable Neil Davidson Baron Davidson of Glen Clova QC (born 1950)	21 March 2006	11 May 2010			[6]
						Blair III
						Brown
		The Right Honourable Jim Wallace Baron Wallace of Tankerness PC QC (born 1954)	14 May 2010	8 May 2015	Liberal Democrat	Cameron–Clegg (Con.–LD)	[7]
		The Right Honourable Richard Keen Baron Keen of Elie PC QC (born 1954)	29 May 2015	16 September 2020	Conservative	Cameron II	[8]
						May I
						May II
						Johnson I
						Johnson II
		The Right Honourable Keith Stewart Baron Stewart of Dirleton KC (born 1965)	15 October 2020	5 July 2024			[9][10][11]
						Truss
						Sunak
		The Right Honourable Catherine Smith Baroness Smith of Cluny KC (born 1973)	29 August 2024	present	Labour	Starmer	[12]

The first holder of the office wasLynda Clark, then Member of Parliament forEdinburgh Pentlands and from 2005 a member of theHouse of Lords as Baroness Clark of Calton. On 18 January 2006, Baroness Clark resigned to take up office as aSenator of the College of Justice, a judge of theSupreme Courts of Scotland.

The office was then vacant until 15 March of that year when, under section 87 of theScotland Act 1998, its functions were temporarily conferred on the Secretary of State for Scotland,Alistair Darling MP, himself a Scottishadvocate.^{[citation needed]}

There had been substantial criticism from the judiciary and others of the length of time the office had been left vacant.^{[citation needed]} On 21 March, however, it was announcedNeil Davidson, formerSolicitor General for Scotland, had been appointed Advocate General. He was created a life peer, as Baron Davidson of Glen Clova, on 22 March 2006.

On 14 May 2010,Jim Wallace, Baron Wallace of Tankerness, a formerDeputy First Minister of Scotland, was appointed by thecoalition government.

Richard Keen was appointed Advocate General inDavid Cameron's majority government on 29 May 2015, and has retained the post through two subsequent prime ministers to 2020.^[13] He was created a life peer, as Baron Keen of Elie, on 8 June 2015. He resigned on 16 September 2020 citing concerns arising from theUK Internal Market Bill, noting in his letter of resignation toBoris Johnson that he found it "increasingly difficult to reconcile what I consider to be my obligations as a Law Officer with your policy intentions".^[14]

Keith Stewart was appointed to succeed Keen on 15 October 2020.^[15]Catherine Smith was appointed to the office and a life peerage by theStarmer government on 29 August 2024.^[12]

The office has a staff of around 40.

All staff are on secondment or loan from other government organisations, mainly theScottish Government and theMinistry of Justice.^[16]

Offices of the Advocate General

• Advocate General's Private Office, based in London
• Legal Secretariat to the Advocate General (LSAG), based in London
  • Legal Secretary to the Advocate General
• Office of the Advocate General (OAG), based in Edinburgh
  • Solicitor to the Advocate General
    • Head of Litigation Division (Scots law)
    • Head of Advisory & Legislation Division (Primary legislation,subordinate legislation, Scotland Act draft orders)
    • Head ofHMRC Division

• Advocate General
• Lord Advocate
• Attorney General for England and Wales
• Attorney General for Northern Ireland

• Official website

• Advocates general for Scotland
• 1999 establishments in Scotland
• Law officers of the Crown in the United Kingdom
• Scots law formal titles
• 1999 in British law

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