| Keeper of the Great Seal of Scotland | |
|---|---|
| Neach-gleidhidh Seula Mòr na h-Alba(Scottish Gaelic) | |
 Royal Coat of Arms used by the Monarch inScotland | |
 Flag of Scotland  Royal Banner of Scotland | |
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| Scottish Government Crown Estate Scotland Registers of Scotland | |
| Status | Great Officer of State inScotland |
| Member of | Privy Council Scottish Government Scottish Cabinet |
| Residence | Bute House |
| Appointer | The Monarch |
| Term length | Whilst serving asfirst minister |
| Formation | 1389 |
| First holder | Sir Alexander de Cockburn (1389–1396) |
| Unofficial names | Keeper of the Seal of Scotland Keeper of the Scottish Seal |
| Deputy | |
| Website | Registers of the Great Seal |
Thekeeper of the Great Seal of Scotland (Scottish Gaelic:Neach-gleidhidh Seula Mòr na h-Alba) is one of thegreat officers of state inScotland held concurrently with the post offirst minister of Scotland. The office holder is the keeper of theGreat Seal of Scotland, the seal used by the sitting monarch to sign acts of theScottish Parliament and permits the keeper to make decisions on behalf of the monarch.[1] The incumbent keeper of the Great Seal of Scotland isJohn Swinney since 8 May 2024.[2]
Under the terms of aroyal warrant of 1818,[3] the Keeper of the Great Seal of Scotland, theLord Clerk Register, theLord Advocate, and theLord Justice Clerk areex-officio Commissioners for the Keeping of the Regalia.[4] Since 1996, the commissioners have also been empowered by another royal warrant for the safekeeping of theStone of Scone and for the arrangement of its return toWestminster Abbey for the nextBritish coronation.[5]
Whilst Scotland was an independentsovereign country as theKingdom of Scotland, the post was formerly known as keeper of the Seal of the Kingdom of Scotland. The Keeper of theRegisters of Scotland is the Deputy Keeper of the Great Seal, and ultimately responsible for its use. The Register of the Great Seal is the oldest national record in Scotland.[6]
TheChancellor of Scotland had the custody of the King's Seal.[7] The first recorded office holder was Sir Alexander de Cockburn in 1389. TheAct of Union passed in 1707 to create theKingdom of Great Britain, resulting in both theKingdom of Scotland andKingdom of England relinquishing their independence, abolished the Great Seal of Scotland. Following this, a different seal was created in order to be used in relation to documents that had, up until the Act of Union 1707, usually passed the Great Seal. The replacement seal is commonly referred to as the Great Seal, or the Scottish Seal, today.[6]
The continuation of a seal was one of the guaranteed elements in the Treaty of Union. The guarantee set out in the Act of Union provided that “a Seal in Scotland after the Union be always kept and made use of in all things relating to private Rights or Grants which have usually passed the Great Seal of Scotland, and which only concern Offices, Grants, Commissions, and private Rights within that Kingdom". TheScotland Act 1998 references the current seal of Scotland as “the seal appointed by the Treaty of Union to be kept and made use of in place of the Great Seal of Scotland".[8]
The first Keeper of the Great Seal of Scotland postTreaty of Union in 1707 wasHugh Campbell, 3rd Earl of Loudoun (1708–1713).
Until the re-establishment of theScottish Parliament in 1999, the Keeper of the Great Seal of Scotland was usually theSecretary of State for Scotland until the responsibility passed to the First Minister of Scotland. In April 2023, First Minister Humza Yousaf, in his capacity as the Keeper of the Great Seal of Scotland, oversaw the departure of theStone of Scone, an ancient symbol of Scotland's nationhood, forWestminster Abbey for usage in theCoronation of Charles III and Camilla on 6 May.[9]
All incumbent First Ministers assume the role of Keeper of the Great Seal of Scotland. As Deputy Keeper of the Great Seal, the Keeper of the Registers of Scotland is required to attend the ceremonial appointment of the first minister to the position of the Keeper of the Great Seal of Scotland, and to ensure that theSeal of Scotland is present during the ceremonial appointment. Once appointed as Keeper of the Great Seal of Scotland, the office holder has the authority to make decisions on behalf of the monarch which allows the first minister as Keeper of the Great Seal of Scotland to lead the country with the support of theScottish Parliament in the name of the incumbent Monarch.[1]
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The ceremonial appointing of the Keeper of the Great Seal of Scotland takes place at theCourt of Session inEdinburgh, witnessed by senior judges with the Seal of Scotland being present. During the ceremonial appointment, the first minister, as the nominee to the position, signs a parchment and takes an oath of allegiance, as set out in the Promissory Oaths Act 1868, and promises to serve the monarch during their tenure as both First Minister and Keeper of the Scottish Seal.[10]
Upon appointment as keeper of the Great Seal of Scotland, the office holder commands authority to make decisions on behalf of the reigning monarch in the name of the crown. As such, as the keeper of the Great Seal of Scotland is also the incumbent first minister of Scotland and leader of theScottish Government, they can make decisions regarding the country with the backing of theScottish Parliament and the monarch whilst serving as keeper of the Great Seal.[11]
When not being used for ceremonial purposes, the Great Seal of Scotland is kept at Meadowbank House in Edinburgh.[12] The Great Seal of Scotland is applied to documents as authorised by the Monarch. The Great Seal of Scotland is used to cast a wax seal, which is applied to official documents and acts of law as part of their authentication and approval by the Monarch. The Great Seal of Scotland features the reigning monarch on one side, while the other side shows the Royal Arms as used by the Monarch in Scotland.
The Keeper of the Great Seal of Scotland has complete autonomy to make decision in Scotland on behalf of the crown, and means that the First Minister (as Keeper of the Great Seal of Scotland), has complete ability to lead the Scottish Government for as long as they have the support of theScottish Parliament.[13] It is applied to each document which has been authorised by the monarch and receivedroyal assent.[6] Notable documents which are granted the Great Seal of Scotland includeActs of the Scottish Parliament. Applying the Great Seal of Scotland to each document is part of the authentication process, and each side of the Great Seal of Scotland features the reigning monarch on one side, while the other side depicts the Royal Arms as used in Scotland.[6]
The office of Keeper of the Great Seal of Scotland is considered one of theGreat Officers of State within Scotland, along with offices ofLord Advocate,Lord Clerk Register,Lord Justice General.[14] Within the Treason Act 1708, Section 12 makes it an act of treason in Scotland to counterfeit the seal.[8]
The Keeper of the Great Seal of Scotland has an overview and responsibility of the following operations and departments in Scotland:
The following are keepers of the Great Seal who served assecretaries for Scotland (1885–1926).
The following are keepers of the Great Seal who served assecretaries of state for Scotland (1926–1999).
The office of the Keeper of the Great Seal was transferred on 6 May 1999, to theFirst Minister, in accordance with the terms of section 45(7) of theScotland Act 1998.
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