“Government Legal Department”的意思、由来-开放百科全书

The Government Legal Department (previously called the Treasury Solicitor's Department until 2015) is the largest in-house legal organisation in the United Kingdom's Government Legal Service.

The Department is headed by the Treasury Solicitor. This office goes back several centuries. The office was enshrined in law by the Treasury Solicitor Act 1876, which established the Treasury Solicitor as a corporation sole (an office with perpetual succession).^[2] Employees of the department exercise legal powers which are vested in the corporation sole.

The department is a non-ministerial government department and executive agency.^[3] The Treasury Solicitor reports to the Attorney General for England and Wales. The department employs more than 1,400 solicitors and barristers to provide advice and legal representation on a huge range of issues to many government departments.

History

The Department was historically known as the Treasury Solicitor's Department, but changed name to the Government Legal Department on 1 April 2015. The new name reflects a "significant period of change", which saw the department double in size to 2,000 staff.^[4]

The head of the department combines the ancient office of Queen's Proctor (or King's Proctor) with that of Treasury Solicitor. He has the formal title of Her Majesty's Procurator General and Treasury Solicitor. Currently, the office is held by Jonathan Jones. He is also the Chief Executive of the department as an executive agency.^[5]

Functions

The department is the authorised address for service of proceedings on most government departments, by virtue of the list published under the Crown Proceedings Act 1947.

In England (with the exception of Lancashire, Manchester and Cornwall, where the function is delegated to Farrer & Co), the Treasury Solicitor is the Crown's nominee for the collection and disposition of ownerless property (bona vacantia).^[6] This typically comprises the assets of dissolved companies and the estates of persons who die intestate and with no known kin.

List of HM Procurators-General and Treasury Solicitors

King's Proctor/Procurators General

The office of King's (or Queen's) Proctor is ancient; it also came to be known as HM Procurator General.^[7] The following were King's or Queen's Proctor after 1660:^[7]

Treasury Solicitor

Historically, there were two solicitors in the Treasury. The first (The Solicitor for Negotiating and Looking after the Affairs of the Treasury), which existed alone until 1696, had become a sinecure by 1744, and perhaps as early as 1716; from the late 18th century the office included a salary of £200 a year. It was abolished in 1800. A second Treasury Solicitor, the precursor of the modern office, was established in 1696 and was assigned all the legal business undertaken in Westminster Hall; as the first Solicitor became a sinecure, the second Solicitor became the only one responsible for legal business. By 1786, its office-holder was carrying out legal work for other secretaries of state and the Attorney-General, and in the early nineteenth century was employed by other government departments as well. From 1794, the Solicitor was also barred from running their own private practice. The salary began at £500, increased to £1,000 in 1755 and then to £2,000 in 1794; until the 1830s, the Solicitor also charged fees for work done in departments outside the Treasury, but these were then abolished and he received an allowance of £850 in addition to his salary. The whole salary was fixed at £2,000 in 1851, and then increased to £2,500 in 1872.^[14] The following were Treasury Solicitors after 1660.^[14]

Treasury Solicitor (I; a sinecure by 1744 and abolished in 1800)

Treasury Solicitor (II; from 1696)

Procurators General and Treasury Solicitor

In 1876, Augustus Keppel Stephenson, the Treasury Solicitor, was appointed Queen's Proctor and Procurator General; since then, the offices of Procurator General and Treasury Solicitor have been held together.^[19] By 1971, the office came with a salary of £14,000 a year.^[20] The following have been jointly HM Procurator General and Treasury Solicitor:^[21]

See also

References

1. ^{{cite|url=http://www.tsol.gov.uk/Publications/Scheme_Publications/Resource_Accounts_09_10.pdf |title=HM Procurator General and Treasury Solicitor Resource Accounts 2009-2010 |publisher=HM Procurator General and Treasury Solicitor |date=2010-06-30 |accessdate=2010-12-19 |deadurl=yes |archiveurl=https://web.archive.org/web/20110726191552/http://www.tsol.gov.uk/Publications/Scheme_Publications/Resource_Accounts_09_10.pdf |archivedate=26 July 2011 |df=dmy-all }}
2. ^{{cite web|url=http://www.tsol.gov.uk/about_us/our_history.htm |title=Our history |year=2013 |publisher=Treasury Solicitor's Department |accessdate=17 September 2013 |deadurl=yes |archiveurl=https://web.archive.org/web/20131029202717/http://www.tsol.gov.uk/about_us/our_history.htm |archivedate=29 October 2013 |df=dmy-all }}
3. ^{{cite web |url=https://www.gov.uk/government/organisations/treasury-solicitor-s-department |title=Treasury Solicitor's Department |year=2013 |website=GOV.UK |accessdate=17 September 2013}}
4. ^{{cite news|title=Treasury Solicitor’s Department announces name change|url=https://www.gov.uk/government/news/treasury-solicitors-department-announces-name-change|accessdate=2 April 2015|work=Website of the Government of the United Kingdom|agency=gov.uk|date=18 February 2015}}
5. ^{{cite web|url=https://www.gov.uk/government/news/new-permanent-secretary-for-the-treasury-solicitors-department |title=New Permanent Secretary for the Treasury Solicitor's Department - Press releases |website=GOV.UK |date=2014-02-21 |accessdate=2016-07-19}}
6. ^{{cite web|url=http://www.tsol.gov.uk/about_us.htm |title=About TSol |year=2013 |publisher=Treasury Solicitor's Department |accessdate=17 September 2013 |deadurl=yes |archiveurl=https://web.archive.org/web/20130908094627/http://www.tsol.gov.uk/about_us.htm |archivedate=8 September 2013 |df=dmy-all }}
7. ^J. C. Sainty, [https://www.history.ac.uk/publications/office/kings "King's Proctor, 1660–1876"] (Institute of Historical Research, February 2003). Retrieved 31 October 2018.
8. ^[https://www.thegazette.co.uk/London/issue/12441/page/1 The London Gazette], 17 May 1783 (issue 12441), p. 1.
9. ^¹"HM Procurator General: Report Books, Series I", The National Archives. Retrieved 31 October 2018.
10. ^[https://www.thegazette.co.uk/London/issue/15722/page/900 The London Gazette], 24 July 1804 (issue 15722), p. 900.
11. ^¹[https://www.thegazette.co.uk/London/issue/17085/page/2377 The London Gazette], 28 November 1815 (issue 17085), p. 2377.
12. ^¹[https://www.thegazette.co.uk/London/issue/24351/page/4374 The London Gazette], 28 January 1845 (issue 20436), p. 247.
13. ^¹[https://www.thegazette.co.uk/London/issue/24351/page/4374 The London Gazette], 4 August 1876 (issue 24351), p. 4374.
14. ^¹[https://www.british-history.ac.uk/office-holders/vol1/pp97-98 "Solicitors and Assistant-Solicitors, 1660–1870"], in J. C. Sainty, Office-Holders in Modern Britain, vol. 1 (University of London, 1972), pp. 97–98.
15. ^According to another source, he was appointed jointly with one "Mr. East" ([https://books.google.co.uk/books?id=hVVJAQAAMAAJ&pg=RA2-PA15 The Nineteenth Report of the Deputy Keeper of the Public Records] (London: Eyre and Spottiswoode, 1856) p. 14), but Sainty says that this appointment, along with the proposed appointment of one Mr. Collyer in 1711, "never became effective" (Sainty, Office-Holders of Modern Britain, i, 97–98, fn. 18.
16. ^J. Venn and J. A. Venn, Alumni Cantabrigienses, vol. 2, part 2 (Cambridge University Press, 1947) pp. 138–139.
17. ^The Solicitors' Journal and Reporter, vol. 15 (1871), p. 386.
18. ^[https://en.wikisource.org/wiki/Gray,_John_(1807-1875)_(DNB00) "Gray, John (1807–1875)"], Dictionary of National Biography, vol. 23 (Macmillan and Co., 1890), p. 8.
19. ^¹Wendie Ellen Schneider, Engines of Truth: Producing Veracity in the Victorian Courtroom (Yale University Press, 2015), pp. 157–158.
20. ^"‘Watchdog’ on divorces to retire", The Daily Telegraph, 24 June 1971, p. 2.
21. ^Roger Mortimore and Andrew Blick (eds.), [https://books.google.co.uk/books?id=RfpmDwAAQBAJ Butler's British Political Facts] (Palgrave Macmillan, 2018), p. 533.
22. ^[https://www.thegazette.co.uk/London/issue/26564/page/6005 London Gazette], 26 October 1894 (issue 26564), p. 6005.

词条	Government Legal Department
释义	History Functions List of HM Procurators-General and Treasury Solicitors King's Proctor/Procurators General Treasury Solicitor Treasury Solicitor (I; a sinecure by 1744 and abolished in 1800) Treasury Solicitor (II; from 1696) Procurators General and Treasury Solicitor See also References External links {{Use dmy dates\|date=July 2015}}{{Use British English\|date=July 2015}}{{Infobox government agency \| type = Non-ministerial government department \| logo = Government Legal Department.png \| formed = {{Start date\|1876\|\|}} \| jurisdiction = United Kingdom \| headquarters = 1 Kemble Street, London, WC2B 4TS \| picture = Civil Aviation Authority Head Office, London (18827487).jpg \| employees = 2,000+ \| budget = £114.7 million (2009-2010) ^[1] \| minister1_name = Geoffrey Cox \| minister1_pfo = Attorney General \| minister2_name = Robert Buckland \| minister2_pfo = Solicitor General \| chief1_name = Jonathan Jones \| chief1_position = HM Procurator General, Treasury Solicitor and Chief Executive \| website = {{URL\|https://www.gov.uk/government/organisations/government-legal-department}} \| agency_name = Government Legal Department {{lang-cy\|Adran Gyfreithiwr y Trysorlys}} \| logo_width = 250 }} The Government Legal Department (previously called the Treasury Solicitor's Department until 2015) is the largest in-house legal organisation in the United Kingdom's Government Legal Service. The Department is headed by the Treasury Solicitor. This office goes back several centuries. The office was enshrined in law by the Treasury Solicitor Act 1876, which established the Treasury Solicitor as a corporation sole (an office with perpetual succession).^[2] Employees of the department exercise legal powers which are vested in the corporation sole. The department is a non-ministerial government department and executive agency.^[3] The Treasury Solicitor reports to the Attorney General for England and Wales. The department employs more than 1,400 solicitors and barristers to provide advice and legal representation on a huge range of issues to many government departments. History The Department was historically known as the Treasury Solicitor's Department, but changed name to the Government Legal Department on 1 April 2015. The new name reflects a "significant period of change", which saw the department double in size to 2,000 staff.^[4] The head of the department combines the ancient office of Queen's Proctor (or King's Proctor) with that of Treasury Solicitor. He has the formal title of Her Majesty's Procurator General and Treasury Solicitor. Currently, the office is held by Jonathan Jones. He is also the Chief Executive of the department as an executive agency.^[5] Functions The department is the authorised address for service of proceedings on most government departments, by virtue of the list published under the Crown Proceedings Act 1947. In England (with the exception of Lancashire, Manchester and Cornwall, where the function is delegated to Farrer & Co), the Treasury Solicitor is the Crown's nominee for the collection and disposition of ownerless property (bona vacantia).^[6] This typically comprises the assets of dissolved companies and the estates of persons who die intestate and with no known kin. List of HM Procurators-General and Treasury Solicitors King's Proctor/Procurators General The office of King's (or Queen's) Proctor is ancient; it also came to be known as HM Procurator General.^[7] The following were King's or Queen's Proctor after 1660:^[7] 1660–1669: Alexander Cheeke 1669–1700: Samuel Franklyn 1700–1710: Thomas Smith 1710–1714: George Smith 1714–1727: Henry Farrant 1727–1750: Edward Greenly 1750–1766: Thomas Tindal 1766–1783: Philip Champion Crespigny 1783–1804: James Heseltine^[8]^[9] 1804–1815: Charles Bishop^[10]^[11] 1815–1844: Iltid Nicholl^[11]^[12] 1845–1876: Francis Hart Dyke^[12]^[13] Treasury Solicitor Historically, there were two solicitors in the Treasury. The first (The Solicitor for Negotiating and Looking after the Affairs of the Treasury), which existed alone until 1696, had become a sinecure by 1744, and perhaps as early as 1716; from the late 18th century the office included a salary of £200 a year. It was abolished in 1800. A second Treasury Solicitor, the precursor of the modern office, was established in 1696 and was assigned all the legal business undertaken in Westminster Hall; as the first Solicitor became a sinecure, the second Solicitor became the only one responsible for legal business. By 1786, its office-holder was carrying out legal work for other secretaries of state and the Attorney-General, and in the early nineteenth century was employed by other government departments as well. From 1794, the Solicitor was also barred from running their own private practice. The salary began at £500, increased to £1,000 in 1755 and then to £2,000 in 1794; until the 1830s, the Solicitor also charged fees for work done in departments outside the Treasury, but these were then abolished and he received an allowance of £850 in addition to his salary. The whole salary was fixed at £2,000 in 1851, and then increased to £2,500 in 1872.^[14] The following were Treasury Solicitors after 1660.^[14] Treasury Solicitor (I; a sinecure by 1744 and abolished in 1800) By 1661: John Rushworth By 1673: Sir William Turner 1676–1679: John Ramsey 1679–1685: Thomas Lloyd 1685–1689: Philip Burton 1689–1696: Aaron Smith 1696–1716: Henry Baker^[15] 1716–1728: Philip Horneck 1728–1729: Edward Roome 1729–1737: Charles Valence Jones 1737–1744: Charlton Hayward 1744–1800: Hugh Valence Jones Treasury Solicitor (II; from 1696) 1696–1700: Nicholas Baker 1700–1715: William Borrett 1715–1730: Anthony Cracherode 1730–1742: Nicholas Paxton 1742–1756: John Sharpe 1756–1765: Philip Carteret Webb 1765–1775: Thomas Nuthall 1775–1794: William Chamberlayne 1794–1806: Joseph White 1806–1818: Henry Charles Litchfield 1818–1851: George Maule 1851–1866: Henry Revell Reynolds 1866–1871: John Greenwood^[16] 1871–1875: John Gray^[17]^[18] 1875–1894: Augustus Keppel Stephenson^[19] Procurators General and Treasury Solicitor In 1876, Augustus Keppel Stephenson, the Treasury Solicitor, was appointed Queen's Proctor and Procurator General; since then, the offices of Procurator General and Treasury Solicitor have been held together.^[19] By 1971, the office came with a salary of £14,000 a year.^[20] The following have been jointly HM Procurator General and Treasury Solicitor:^[21] 1876–1894: Sir Augustus Keppel Stephenson, KCB^[13]^[22] 1894–1909: Hamilton Cuffe, 5th Earl of Desart, KP, KCB, PC 1909–1923: Sir John Paget Mellor, 1st Baronet, KCB 1923–1926: Hon. Alfred Clive Lawrence, CBE 1926–1933: Sir Maurice Linford Gwyer, GCB, KCB, KCSI, QC 1934–1953: Sir Thomas James Barnes, GCB, Kt, CBE 1953–1964: Sir Harold Simcox Kent, GCB, QC 1964–1971: Sir William Arthur Harvey Druitt, KCB 1971–1975: Sir Henry Gabriel Ware, KCB 1975–1980: Sir Basil Brodribb Hall, KCB, MC, TD 1980–1984: Sir Michael James Kerry, KCB, QC 1984–1988: Sir John Bilsland Bailey, KCB 1988–1992: Sir James Nursaw, KCB, QC 1992–1995: Sir Gerald Albery Hosker, KCB, QC 1995–1996: Michael Lawrence Saunders, CB 1997–2000: Sir Anthony Hilgrove Hammond, KCB 2000–2006: Dame Juliet Louise Wheldon, DCB 2006–2014: Sir Paul Christopher Jenkins, KCB, QC 2014–present: Jonathan Guy Jones See also Departments of the United Kingdom Government References 1. ^{{cite\|url=http://www.tsol.gov.uk/Publications/Scheme_Publications/Resource_Accounts_09_10.pdf \|title=HM Procurator General and Treasury Solicitor Resource Accounts 2009-2010 \|publisher=HM Procurator General and Treasury Solicitor \|date=2010-06-30 \|accessdate=2010-12-19 \|deadurl=yes \|archiveurl=https://web.archive.org/web/20110726191552/http://www.tsol.gov.uk/Publications/Scheme_Publications/Resource_Accounts_09_10.pdf \|archivedate=26 July 2011 \|df=dmy-all }} 2. ^{{cite web\|url=http://www.tsol.gov.uk/about_us/our_history.htm \|title=Our history \|year=2013 \|publisher=Treasury Solicitor's Department \|accessdate=17 September 2013 \|deadurl=yes \|archiveurl=https://web.archive.org/web/20131029202717/http://www.tsol.gov.uk/about_us/our_history.htm \|archivedate=29 October 2013 \|df=dmy-all }} 3. ^{{cite web \|url=https://www.gov.uk/government/organisations/treasury-solicitor-s-department \|title=Treasury Solicitor's Department \|year=2013 \|website=GOV.UK \|accessdate=17 September 2013}} 4. ^{{cite news\|title=Treasury Solicitor’s Department announces name change\|url=https://www.gov.uk/government/news/treasury-solicitors-department-announces-name-change\|accessdate=2 April 2015\|work=Website of the Government of the United Kingdom\|agency=gov.uk\|date=18 February 2015}} 5. ^{{cite web\|url=https://www.gov.uk/government/news/new-permanent-secretary-for-the-treasury-solicitors-department \|title=New Permanent Secretary for the Treasury Solicitor's Department - Press releases \|website=GOV.UK \|date=2014-02-21 \|accessdate=2016-07-19}} 6. ^{{cite web\|url=http://www.tsol.gov.uk/about_us.htm \|title=About TSol \|year=2013 \|publisher=Treasury Solicitor's Department \|accessdate=17 September 2013 \|deadurl=yes \|archiveurl=https://web.archive.org/web/20130908094627/http://www.tsol.gov.uk/about_us.htm \|archivedate=8 September 2013 \|df=dmy-all }} 7. ^J. C. Sainty, [https://www.history.ac.uk/publications/office/kings "King's Proctor, 1660–1876"] (Institute of Historical Research, February 2003). Retrieved 31 October 2018. 8. ^[https://www.thegazette.co.uk/London/issue/12441/page/1 The London Gazette], 17 May 1783 (issue 12441), p. 1. 9. ^¹"HM Procurator General: Report Books, Series I", The National Archives. Retrieved 31 October 2018. 10. ^[https://www.thegazette.co.uk/London/issue/15722/page/900 The London Gazette], 24 July 1804 (issue 15722), p. 900. 11. ^¹[https://www.thegazette.co.uk/London/issue/17085/page/2377 The London Gazette], 28 November 1815 (issue 17085), p. 2377. 12. ^¹[https://www.thegazette.co.uk/London/issue/24351/page/4374 The London Gazette], 28 January 1845 (issue 20436), p. 247. 13. ^¹[https://www.thegazette.co.uk/London/issue/24351/page/4374 The London Gazette], 4 August 1876 (issue 24351), p. 4374. 14. ^¹[https://www.british-history.ac.uk/office-holders/vol1/pp97-98 "Solicitors and Assistant-Solicitors, 1660–1870"], in J. C. Sainty, Office-Holders in Modern Britain, vol. 1 (University of London, 1972), pp. 97–98. 15. ^According to another source, he was appointed jointly with one "Mr. East" ([https://books.google.co.uk/books?id=hVVJAQAAMAAJ&pg=RA2-PA15 The Nineteenth Report of the Deputy Keeper of the Public Records] (London: Eyre and Spottiswoode, 1856) p. 14), but Sainty says that this appointment, along with the proposed appointment of one Mr. Collyer in 1711, "never became effective" (Sainty, Office-Holders of Modern Britain, i, 97–98, fn. 18. 16. ^J. Venn and J. A. Venn, Alumni Cantabrigienses, vol. 2, part 2 (Cambridge University Press, 1947) pp. 138–139. 17. ^The Solicitors' Journal and Reporter, vol. 15 (1871), p. 386. 18. ^[https://en.wikisource.org/wiki/Gray,_John_(1807-1875)_(DNB00) "Gray, John (1807–1875)"], Dictionary of National Biography, vol. 23 (Macmillan and Co., 1890), p. 8. 19. ^¹Wendie Ellen Schneider, Engines of Truth: Producing Veracity in the Victorian Courtroom (Yale University Press, 2015), pp. 157–158. 20. ^"‘Watchdog’ on divorces to retire", The Daily Telegraph, 24 June 1971, p. 2. 21. ^Roger Mortimore and Andrew Blick (eds.), [https://books.google.co.uk/books?id=RfpmDwAAQBAJ Butler's British Political Facts] (Palgrave Macmillan, 2018), p. 533. 22. ^[https://www.thegazette.co.uk/London/issue/26564/page/6005 London Gazette], 26 October 1894 (issue 26564), p. 6005. External links [https://www.gov.uk/government/organisations/government-legal-department Government Legal Department] Bona Vacantia {{Departments of the United Kingdom Government\|type=Non-ministerial\|title=Government Legal Department}} 5 : Law in the United Kingdom\|Common law\|Executive agencies of the United Kingdom government\|1876 establishments in the United Kingdom\|Organizations established in 1876
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