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About the Legal Officer

The Commissioners in Scotland are assisted by one in-house lawyer called a Legal Officer. The Legal Officers are appointed by the Secretary of State for Scotland or the Lord Chancellor.

The post of Legal Officer is a legal assistant to the Commissioners and this post has delegated interlocutory functions. The interlocutory matters do not allow for the determination of applications for leave to appeal or appeals but do allow for the Legal Officer to, among other matters, make directions; make orders granting/refusing or directing oral hearings; give leave for the withdrawal of an appeal; and make orders for the extension or abridgement of time at certain stages of a case. In addition to this, the Legal Officer also undertakes research for the Commissioners.

You may ask a Commissioner to reconsider any decision that a Legal Officer makes on a procedural matter. The final decision on a case is always given by a Commissioner