The Office of the Solicitor to the Advocate General for Scotland (OSAG) provides legal services in Scotland to UK Government departments. OSAG provides legal advice in relation to Scots Law, instructs United Kingdom legislation applying to Scotland and represents Government departments in litigation in the Scottish Courts. It has particular expertise in constitutional and public law matters and acts for Government departments in a substantial proportion of the judicial reviews which come before the Court of Session. The Office is based in Victoria Quay in Edinburgh.
OSAG also supports the Advocate General in carrying out his statutory functions under the Scotland Act. This includes consideration of devolution issues within the meaning of Schedule 6 to the Scotland Act that arise in the courts. Devolution issues should be intimated to the Solicitor to the Advocate General. OSAG co-ordinates consideration of devolution issues throughout Whitehall and arranges for any intervention which the Advocate General considers appropriate. Importantly, OSAG also considers all Bills and subordinate legislation going through the Scottish Parliament and reports to the Advocate General on the competence of their provisions.
The Solicitor to the Advocate General is Charles Mullin. He is the senior civil servant and lawyer, qualified in Scotland, in charge of the Office. He reports directly to the Advocate General. Prior to becoming the Solicitor, he was the Legal Secretary to the Advocate General and before that was a head of Division in OSAG. Before devolution, he worked in the Office of the Solicitor to the Secretary of State for Scotland and in the Scottish Law Commission.
OSAG is composed of two divisions, each headed by a senior civil service lawyer. For a breakdown of staffing, please see the joint Scotland Office and the Office for the Advocate General Annual Report.
All divisions support the work of the Scotland Office and in daily practice act for a wide range of Whitehall departments in litigation, the preparation of legislation and the provision of legal advice.
Division A within OSAG exists to provide Scots Law advice and support in respect of any action raised by or against a UK Government department in Scotland. It also supports the Advocate General in respect of any action raised or defended in the Scottish Courts. Details in respect of the type of cases in which Division A has supported the Advocate General can be found at our Involvement in Cases page.
Division A also provides advisory services (but relating to litigation in some way) to UK Government departments.
Division B provides legal advice and services to UK Government departments, including primary and subordinate legislation and on the instruction of the Scotland Office, Division B also drafts Orders under the Scotland Act.
For information on how to contact the Office of Solicitor to the Advocate General, please visit our Contact page.
For information on Service of Documents on the Advocate General, read our Service of Documents section.