53-891: The Admiralty Advocate was one of the Law Officers of the Crown . He represented the Crown in the High Court of Admiralty from 1661 to 1867. He was also known as the Advocate for the Affairs of the Admiralty . The post was first established in 1661 with the post holder representing the Crown in the High Court of Admiralty . After 1875, when the Admiralty Court became part of the Probate, Divorce and Admiralty Division of
106-574: A greater or lesser degree (for instance Chancellor of the Duchy of Lancaster or Lord Privy Seal ). The government is sometimes referred to by the metonym " Westminster " or " Whitehall ", as many of its offices are situated there. These metonyms are used especially by members of the Scottish Government , Welsh Government and Northern Ireland Executive to differentiate their government from His Majesty's Government. The United Kingdom
159-536: A legal adviser for the High Court of Admiralty , known as the Admiralty Advocate , but this office lapsed in 1875 when the Admiralty Court became part of the Probate, Divorce and Admiralty Division of the High Court of Justice . The Crown's representative in the ecclesiastical courts of England was the King's Advocate (or Queen's Advocate when the monarch was female). This office has been vacant since
212-482: A member of either House of Parliament. In practice, however, the convention is that ministers must be members of either the House of Commons or the House of Lords to be accountable to Parliament. From time to time, prime ministers appoint non-parliamentarians as ministers. In recent years such ministers have been appointed to the House of Lords. The government is required by convention and for practical reasons to maintain
265-412: A new House of Commons, unless the prime minister advises the monarch to dissolve Parliament , in which case an election may be held sooner. After an election, the monarch selects as prime minister the leader of the party most likely to command the confidence of the House of Commons, usually by possessing a majority of MPs. Under the uncodified British constitution , executive authority lies with
318-665: A reduced role of the British Government in Scots law. The office of Advocate to the monarch is an ancient one, pre–dating the Treaty of Union 1707 and existed in the pre–union Kingdom of Scotland . The first recorded Lord Advocate was Sir John Ross of Montgrenan, who is formally mentioned in 1483. At this time the post was generally called the King's Advocate and only in the year 1573 was the term "Lord Advocate" first used. Under
371-604: A substantial grant from the government, the Sovereign Support Grant , and Queen Elizabeth II's inheritance from her mother, Queen Elizabeth The Queen Mother , was exempt from inheritance tax . In addition to legislative powers, His Majesty's Government has substantial influence over local authorities and other bodies set up by it, through financial powers and grants. Many functions carried out by local authorities, such as paying out housing benefits and council tax benefits, are funded or substantially part-funded by
424-424: Is a constitutional monarchy in which the reigning monarch (that is, the king or queen who is the head of state at any given time) does not make any open political decisions. All political decisions are taken by the government and Parliament. This constitutional state of affairs is the result of a long history of constraining and reducing the political power of the monarch, beginning with Magna Carta in 1215. Since
477-483: Is a barrister and can appear in court in person, though in practice he/she rarely does so, and then only in cases of outstanding national importance. In those cases the Government Legal Department provides his back-up. When appearing in court in person he/she is addressed by the judge as "Mr. Attorney". The Attorney General also has supervisory powers over prosecutions, including those mounted by
530-674: Is advised on Scots law by the Advocate General for Scotland , and from 1707 to 1998, the Lord Advocate was the chief legal adviser of the British Government and the Crown on Scottish legal matters, both civil and criminal, until the Scotland Act 1998 devolved most domestic affairs to the Scottish Parliament. Since the re–establishment of the Scottish Parliament and Scottish Government in 1999, there has been
583-758: Is held by the Crown (in trust for the monarch ) and administered independently of the monarch under the supervision of a government minister, the Chancellor of the Duchy of Lancaster . Before the establishment of the Irish Free State in 1922, the legal advisers to the Crown in the Courts of Ireland were the Attorney-General for Ireland and the Solicitor-General for Ireland . These offices became redundant in 1921. The Crown also had
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#1732783637570636-603: Is not vital. A government is not required to resign even if it loses the confidence of the Lords and is defeated in key votes in that House. The House of Commons is thus the responsible house . The prime minister is held to account during Prime Minister's Questions (PMQs) which provides an opportunity for MPs from all parties to question the PM on any subject. There are also departmental questions when ministers answer questions relating to their specific departmental brief. Unlike PMQs, both
689-512: Is the deputy to the Lord Advocate, and act as an assistant to the Lord Advocate undertaking their functions. As with the Lord Advocate, the Solicitor General is appointed by the monarch on the recommendation of the incumbent First Minister of Scotland. As well as supporting the Lord Advocate in the delivery of the Lord Advocate's functions, the Solicitor General may also exert their statutory and common law powers, where necessary. Both
742-596: Is the most senior of the two Scottish law officers, and the Lord Advocate is a member of the Scottish Government . The Lord Advocate serves as the head of the criminal prosecution system and has sole responsibility for the investigation of deaths within Scotland. Additionally, the Lord Advocate is the sole, principal legal adviser to the Scottish Government and acts as the representative of the Scottish Government within civil proceedings and hearings. They have
795-543: The Attorney General for England and Wales was also Attorney General for Northern Ireland. The separate office of Attorney General for Northern Ireland was re-created alongside the new office of Advocate General for Northern Ireland upon the devolution of policing and justice powers to the Northern Ireland Assembly on 12 April 2010. As a result, these functions were split between: Under
848-499: The Counsel General for Wales . Law officers in these roles are distinguished by being political appointees, while also being bound by the duties of independence, justice and confidentiality among the other typical professional commitments of lawyers. These roles do not have any direct oversight of prosecutions nor do they directly lead or influence criminal investigations. This is a distinguishing factor between law officers and
901-612: The Crown Office and Procurator Fiscal Service and is the chief public prosecutor in Scotland. It is not within the powers of the Scottish Parliament to remove the incumbent Lord Advocate from their post as head of the systems of criminal prosecution and investigation of deaths. Like other law officers elsewhere in the United Kingdom, the Lord Advocate has a statutory duty in ensuring that all bills passed by
954-537: The Crown Prosecution Service , headed by the Director of Public Prosecutions . The Attorney General may appeal cases to the higher courts where, although the particular case is settled, there may be a point of law of public importance at issue. The Attorney General has public interest functions, being, for example, the trustee of default where a sole trustee has died, and can also take cases to
1007-607: The Crown Prosecution Service , headed by the Director of Public Prosecutions ; the Serious Fraud Office ; and the Revenue and Customs Prosecutions Office . While the Attorney General is not personally involved with prosecutions, some prosecutions (e.g. rioting ) cannot be commenced without their consent, and they generally have the power to halt prosecutions. Criminal prosecutions are the responsibility of
1060-645: The Government of Wales Act 2006 , the Counsel General for Wales is the chief legal adviser to, and a member of, the Welsh Government . Some subjects are entitled to have an attorney general: these include a queen consort and the Prince of Wales , who has an Attorney General for the Duchy of Cornwall . There is also an Attorney-General of the Duchy of Lancaster , which is a mostly landed inheritance that
1113-483: The Greater London Authority disputed. Similarly, the monarch is immune from criminal prosecution and may only be sued with his permission (this is known as sovereign immunity ). The sovereign, by law, is not required to pay income tax, but Queen Elizabeth II voluntarily paid it from 1993 until the end of her reign in 2022, and also paid local rates voluntarily. However, the monarchy also received
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#17327836375701166-677: The Supreme Court where points of general legal importance need to be settled. The Attorney General's deputy is the Solicitor General for England and Wales , held by Sarah Sackman , since 9 July 2024. Under the Law Officers Act 1997 , the Solicitor General may do anything on behalf of, or in the place of, the Attorney General, and vice versa. Since the prorogation of the Parliament of Northern Ireland in 1972,
1219-579: The state attorneys general of the United States or US Attorney General . Each British Overseas Territory , apart from the British Indian Ocean Territory , also has its own Attorney General. Many Commonwealth countries or those with a history of British colonisation retain these titles, though their particular roles and responsibilities may differ from the roles in the United Kingdom. There are eight Law Offices in
1272-633: The 1999 constitutional reforms brought about by the Scotland Act 1998 , the Lord Advocate has become the most senior law officer of the Scottish Government , acting as the chief legal adviser, as well as ultimately being responsible for the functioning of Scots law with all prosecutions on indictment in Scotland being conducted in the name of the Lord Advocate. The Lord Advocate does not attend Scottish cabinet meetings, however, they do see all cabinet papers and may be required to, along with
1325-408: The Crown, who may use them without having to obtain the consent of Parliament. The prime minister also has weekly meetings with the monarch. What is said in these meetings is strictly private; however, they generally involve government and political matters which the monarch has a "right and a duty" to comment on. Such comments are non-binding however and the King must ultimately abide by decisions of
1378-669: The European Parliament are immune from prosecution in EU states under any circumstance. As a consequence, neither EU bodies nor diplomats have to pay taxes, since it would not be possible to prosecute them for tax evasion. When the UK was a member of the EU, this caused a dispute when the US ambassador to the UK claimed that London's congestion charge was a tax, and not a charge (despite the name), and therefore he did not have to pay it—a claim
1431-532: The Lord Advocate and Solicitor General for Scotland are independent from the Scottish Government and its ministers in connection to criminal prosecutions and death investigations within Scotland. The duty to act independently on matters from both the Scottish Government and Scottish ministers is recognised in Section 48(5) of the Scotland Act 1998 . Meanwhile, the United Kingdom Government
1484-532: The Lord Advocate being the most senior law officer in Scotland and is the chief legal adviser to the Scottish Government. Following devolution , a new position of Advocate General for Scotland was created to advise the UK Government on matters of Scots law . 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
1537-599: The Lord Advocate in Scottish criminal proceedings as the head of the systems of prosecution in Scotland. The Welsh Government has its own law officer: the Counsel General for Wales ; as does the Northern Irish executive : the Attorney General for Northern Ireland . The two Attorneys General for the Duchies of Lancaster and Cornwall are non-political appointments. They are not typically being referred to when
1590-494: The Scottish Parliament are within its legislative competence. The Lord Advocate has specific duties granted under the Scotland Act 1998 which allows them to investigate and resolve legal questions and concerns about the devolved powers of both the Scottish ministers and the Scottish Parliament. The Lord Advocate is assisted by the Solicitor General for Scotland , held by Ruth Charteris , since 22 June 2021. The Solicitor General
1643-571: The Solicitor General, attend cabinet meetings where the topic of discussion is relating to a matter of which the Lord Advocate and Solicitor General is responsible for, such as a specific legal aspect or the operations, functioning and funding of the Crown Office and Procurator Fiscal Service. Although not a member of the Scottish cabinet, the Lord Advocate is a member of the Cabinet Sub-Committee on Legislation, and contributes to
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1696-516: The United Kingdom , officially His Majesty's Government , abbreviated to HM Government , is the central executive authority of the United Kingdom of Great Britain and Northern Ireland . The government is led by the prime minister (currently Keir Starmer since 5 July 2024) who selects all the other ministers . The country has had a Labour government since 2024. The prime minister Keir Starmer and his most senior ministers belong to
1749-536: The United Kingdom, though not all serve the Westminster Government . The role of Attorney General for England and Wales and Advocate General for Northern Ireland has been held by the Lord Hermer since 5 July 2024. He is supported by the Solicitor General for England and Wales . The Scottish Government has two law officers, the Lord Advocate and the Solicitor General for Scotland , with
1802-440: The cabinet ministers for the department and junior ministers within the department may answer on behalf of the government, depending on the topic of the question. During debates on legislation proposed by the government, ministers—usually with departmental responsibility for the bill —will lead the debate for the government and respond to points made by MPs or Lords. Committees of both the House of Commons and House of Lords hold
1855-411: The charity commissions) are legally more or less independent of the government, and government powers are legally limited to those retained by the Crown under common law or granted and limited by act of Parliament. Both substantive and procedural limitations are enforceable in the courts by judicial review . Nevertheless, magistrates and mayors can still be arrested and put on trial for corruption, and
1908-436: The confidence of the House of Commons. It requires the support of the House of Commons for the maintenance of supply (by voting through the government's budgets) and to pass primary legislation . By convention, if a government loses the confidence of the House of Commons it must either resign or a general election is held. The support of the Lords, while useful to the government in getting its legislation passed without delay,
1961-539: The drafting, delivery and implementation of parliamentary bills and subsequent laws by way of attending Ministerial Bill Management Meetings. and The office holder of the post of Lord Advocate is the chief legal adviser to the Scottish Government and the crown in Scotland. The Lord Advocate is not head of the Faculty of Advocates; that position is held by the Dean of the Faculty of Advocates. The position of Lord Advocate
2014-409: The exchequer to be a member of the House of Lords was Lord Denman , who served for one month in 1834. The British monarch is the head of state and the sovereign , but not the head of government . The monarch takes little direct part in governing the country and remains neutral in political affairs. However, the authority of the state that is vested in the sovereign, known as the Crown , remains
2067-532: The government has powers to insert commissioners into a local authority to oversee its work, and to issue directives that must be obeyed by the local authority if the local authority is not abiding by its statutory obligations. By contrast, as in European Union (EU) member states, EU officials cannot be prosecuted for any actions carried out in pursuit of their official duties, and foreign country diplomats (though not their employees) and foreign members of
2120-766: The government on the statement. When the government instead chooses to make announcements first outside Parliament, it is often the subject of significant criticism from MPs and the speaker of the House of Commons . The prime minister is based at 10 Downing Street in Westminster , London. Cabinet meetings also take place here. Most government departments have their headquarters nearby in Whitehall . The government's powers include general executive and statutory powers , delegated legislation , and numerous powers of appointment and patronage. However, some powerful officials and bodies, (e.g. HM judges, local authorities , and
2173-485: The government to account, scrutinise its work and examine in detail proposals for legislation. Ministers appear before committees to give evidence and answer questions. Government ministers are also required by convention and the Ministerial Code , when Parliament is sitting, to make major statements regarding government policy or issues of national importance to Parliament. This allows MPs or Lords to question
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2226-519: The government. Royal prerogative powers include, but are not limited to, the following: While no formal documents set out the prerogatives, the government published the above list in October 2003 to increase transparency, as some of the powers exercised in the name of the monarch are part of the royal prerogative . However, the complete extent of the royal prerogative powers has never been fully set out, as many of them originated in ancient custom and
2279-560: The new High Court of Justice , the office became obsolete. Source unless otherwise specified: Law Officers of the Crown The law officers are the senior legal advisors to His Majesty's Government of the United Kingdom and devolved governments of Northern Ireland , Scotland and Wales . They are variously referred to as the Attorney General, Solicitor General, Lord Advocate, or Advocate General depending on seniority and geography – though other terms are also in use, such as
2332-433: The period of absolute monarchy , or were modified by later constitutional practice. As of 2019, there are around 120 government ministers supported by 560,000 civil servants and other staff working in the 24 ministerial departments and their executive agencies . There are also an additional 20 non-ministerial departments with a range of further responsibilities. In theory, a government minister does not have to be
2385-572: The power to refer a bill of the Scottish Parliament to the Supreme Court within the four week timeframe period to allow the Supreme Court to determine whether any aspect of a Scottish parliamentary bill or any associated provisions of a bill are out–with the legislative competence of the Scottish Parliament, should it be disputed by any member of either the Scottish Parliament, UK Parliament or any other Scottish or UK politician. The Lord Advocate, held by Dorothy Bain , since 22 June 2021, heads
2438-952: The resignation of its last holder in 1872. Though not defunct, the Judge-Advocate General was ranked among the law officers until the beginning of the 19th century. Paul Candler is HM Commissioner for the British Indian Ocean Territory UK Government King Charles III [REDACTED] William, Prince of Wales [REDACTED] Charles III ( King-in-Council ) [REDACTED] Starmer ministry ( L ) Keir Starmer ( L ) Angela Rayner ( L ) ( King-in-Parliament ) [REDACTED] Charles III [REDACTED] [REDACTED] [REDACTED] The Lord Reed The Lord Hodge Andrew Bailey Monetary Policy Committee The government of
2491-694: The second half of the 20th century it became unusual for the Attorney General to be formally a member of the Cabinet. Rather he/she would attend only when the Cabinet required legal advice. The Attorney General oversees the small Attorney General's Office and also has responsibility for the Government Legal Department , which is headed by the Treasury Solicitor . In practice, the Treasury Solicitor (who also has
2544-433: The source of executive power exercised by the government. In addition to explicit statutory authority , the Crown also possesses a body of powers in certain matters collectively known as the royal prerogative . These powers range from the authority to issue or withdraw passports to declarations of war. By long-standing convention, most of these powers are delegated from the sovereign to various ministers or other officers of
2597-666: The sovereign, although this authority is exercised only after receiving the advice of the Privy Council . The prime minister, the House of Lords, the Leader of the Opposition, and the police and military high command serve as members and advisers of the monarch on the Privy Council. In most cases the cabinet exercise power directly as leaders of the government departments , though some Cabinet positions are sinecures to
2650-400: The start of Edward VII 's reign in 1901, by convention, the prime minister has been an elected member of Parliament (MP) and thus answerable to the House of Commons, although there were two weeks in 1963 when Alec Douglas-Home was first a member of the House of Lords and then of neither house. A similar convention applies to the position of chancellor of the exchequer . The last chancellor of
2703-581: The supreme decision-making committee, known as the Cabinet . Ministers of the Crown are responsible to the House in which they sit; they make statements in that House and take questions from members of that House. For most senior ministers this is usually the elected House of Commons rather than the House of Lords . The government is dependent on Parliament to make primary legislation , and general elections are held every five years (at most) to elect
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#17327836375702756-483: The term law officer is used, as this tends to be reserved for political appointees. The Attorney General for England and Wales , a member of the UK Government , is similarly the chief law officer of the Crown in England and Wales and advises and represents the Crown and government departments in court. By convention, and unlike the papers of other ministers, this legal advice is available to subsequent governments. In
2809-542: The title of Procurator General) normally provides the lawyers or briefs Treasury Counsel to appear in court, although the Attorney General may appear in person. The person appointed to this role provides legal advice to the Government, acts as the representative of the public interest and resolves issues between government departments. The Government Legal Department provides advice to government departments, instructing independent counsel where necessary. The Attorney General
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