The Government Legal Department (previously called the Treasury Solicitor's Department) is the largest in-house legal organisation in the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...
'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
A corporation sole is a legal entity consisting of a single ("sole") incorporated office, occupied by a single ("sole") natural person. (an office with perpetual succession). Employees of the department exercise legal powers which are vested in the corporation sole.
The department is a
non-ministerial government department
Non-ministerial government departments (NMGDs) are a type of department of the United Kingdom government that deal with matters for which direct political oversight has been judged unnecessary or inappropriate. They are headed by senior civil s ...
and
executive agency
An executive agency is a part of a government department that is treated as managerially and budgetarily separate, to carry out some part of the executive functions of the United Kingdom government, Scottish Government, Welsh Government or Nort ...
. The Treasury Solicitor reports to the
Attorney General for England and Wales
His Majesty's Attorney General for England and Wales is one of the law officers of the Crown and the principal legal adviser to sovereign and Government in affairs pertaining to England and Wales. The attorney general maintains the Attorney G ...
. The department employs more than 1,900
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.
The head of the department combines the ancient office of
King's Proctor
Proctor (a variant of ''procurator'') is a person who takes charge of, or acts for, another.
The title is used in England and some other English-speaking countries in three principal contexts:
* In law, a proctor is a historical class of lawye ...
with that of
Treasury Solicitor
The Government Legal Department (previously called the Treasury Solicitor's Department) 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 g ...
. She has the formal title of His Majesty's Procurator General and Treasury Solicitor. The office is currently held by
Susanna McGibbon
Susanna Justine McGibbon (born 11 November 1967) is a barrister and senior British civil servant who currently serves as HM Procurator General, Treasury Solicitor and Head of the Government Legal Service, and so Permanent Secretary of the Gove ...
who succeeded
Sir Jonathan Jones after his resignation on 8 September 2020. She is also the
Chief Executive
A chief executive officer (CEO), also known as a central executive officer (CEO), chief administrator officer (CAO) or just chief executive (CE), is one of a number of corporate executives charged with the management of an organization especial ...
of the department as an
executive agency
An executive agency is a part of a government department that is treated as managerially and budgetarily separate, to carry out some part of the executive functions of the United Kingdom government, Scottish Government, Welsh Government or Nort ...
.
Functions
Government Legal Department lawyers work in both advisory and litigation roles. In litigation, lawyers bring and defend legal proceedings involving central government and related bodies. In advisory teams, lawyers provide advice to ministers and civil servants on both the current law and on proposed Government policies and future legislation.
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
Lancashire ( , ; abbreviated Lancs) is the name of a Historic counties of England, historic county, Ceremonial County, ceremonial county, and non-metropolitan county in North West England. The boundaries of these three areas differ significa ...
,
Manchester
Manchester () is a city in Greater Manchester, England. It had a population of 552,000 in 2021. It is bordered by the Cheshire Plain to the south, the Pennines to the north and east, and the neighbouring city of City of Salford, Salford to ...
and
Cornwall
Cornwall (; kw, Kernow ) is a historic county and ceremonial county in South West England. It is recognised as one of the Celtic nations, and is the homeland of the Cornish people. Cornwall is bordered to the north and west by the Atlan ...
, 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
Unowned property includes tangible, physical things that are capable of being reduced to being property owned by a person but are not owned by anyone. ' (Latin for "ownerless goods") is a legal concept associated with the unowned property, which e ...
''). 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.
The following were King's or Queen's Proctor after 1660:
* 1660–1669:
Alexander Cheeke
*1669–1700:
Samuel Franklyn
*1700–1710:
Thomas Smith
*1710–1714:
George Smith
*1714–1727:
Henry Farrant
Henry may refer to:
People
*Henry (given name)
*Henry (surname)
* Henry Lau, Canadian singer and musician who performs under the mononym Henry
Royalty
* Portuguese royalty
** King-Cardinal Henry, King of Portugal
** Henry, Count of Portugal, ...
*1727–1750:
Edward Greenly
*1750–1766:
Thomas Tindal
Thomas may refer to:
People
* List of people with given name Thomas
* Thomas (name)
* Thomas (surname)
* Saint Thomas (disambiguation)
* Thomas Aquinas (1225–1274) Italian Dominican friar, philosopher, and Doctor of the Church
* Thomas the Ap ...
*1766–1783:
Philip Champion de Crespigny
*1783–1804:
James Heseltine
James Heseltine (also spelled Hesletine; c. 1690 – 20 June 1763) was organist of Durham Cathedral.
Life
Heseltine was a pupil of John Blow at the Chapel Royal in London, leaving the chapel choir when his voice broke in 1707. Early in the centur ...
["HM Procurator General: Report Books, Series I"](_blank)
''The National Archives''. Retrieved 31 October 2018.
*1804–1815:
Charles Bishop
The London Gazette
', 28 November 1815 (issue 17085), p. 2377.
*1815–1844:
Iltid Nicholl
Iltid Nicholl (c. – 8 November 1844), also spelt Iltyd Nicholl, was a Welsh lawyer. The son of Iltid Nicholl (died 1786) of Llanmaes (near Llantwit Major in Wales) and Jane, daughter of Henry Morgan, of Bristol, Nicholl was the nephew of th ...
The London Gazette
', 28 January 1845 (issue 20436), p. 247.
*1845–1876:
Francis Hart Dyke
Francis may refer to:
People
*Pope Francis, the head of the Catholic Church and sovereign of the Vatican City State and Bishop of Rome
* Francis (given name), including a list of people and fictional characters
* Francis (surname)
Places
*Rural ...
The London Gazette
', 4 August 1876 (issue 24351), p. 4374.
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
The Palace of Westminster serves as the meeting place for both the House of Commons and the House of Lords, the two houses of the Parliament of the United Kingdom. Informally known as the Houses of Parliament, the Palace lies on the north ban ...
; 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.
["Solicitors and Assistant-Solicitors, 1660–1870"](_blank)
in J. C. Sainty, ''Office-Holders in Modern Britain'', vol. 1 (University of London, 1972), pp. 97–98. The following were Treasury Solicitors after 1660.
Treasury Solicitor (I; a sinecure by 1744 and abolished in 1800)
* By 1661:
John Rushworth
John Rushworth (c. 1612 – 12 May 1690) was an English lawyer, historian and politician who sat in the House of Commons at various times between 1657 and 1685. He compiled a series of works covering the English Civil Wars throughout the 17th ce ...
* 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
* 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
Anthony Cracherode (c. 1674–1752), of Cholderton, Wiltshire, was a British government lawyer and politician who sat in the House of Commons from 1728 to 1734 .
Cracherode was probably the son of Anthony Cracherode, who was the second son of M ...
* 1730–1742:
Nicholas Paxton
Nicholas is a male given name and a surname.
The Eastern Orthodox Church, the Roman Catholic Church, and the Anglican Churches celebrate Saint Nicholas every year on December 6, which is the name day for "Nicholas". In Greece, the name and its d ...
* 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 John Greenwood may refer to:
Sportspeople
* John Greenwood (cricketer, born 1851) (1851–1935), English cricketer
* John Eric Greenwood (1891–1975), rugby union international who represented England
* John Greenwood (footballer) (1921–1994), E ...
* 1871–1875:
John Gray
* 1875–1894:
Augustus Keppel Stephenson
Sir Augustus Frederick William Keppel Stephenson, (18 October 1827 in London – 26 September 1904) was a Treasury Solicitor and the second person to hold the office of Director of Public Prosecutions in England and Wales.
Early life and famil ...
[Wendie Ellen Schneider, ''Engines of Truth: Producing Veracity in the Victorian Courtroom'' (Yale University Press, 2015), pp. 157–158.]
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.
By 1971, the office came with a salary of £14,000 a year. The following have been jointly HM Procurator General and Treasury Solicitor:
*1876–1894: Sir
Augustus Keppel Stephenson
Sir Augustus Frederick William Keppel Stephenson, (18 October 1827 in London – 26 September 1904) was a Treasury Solicitor and the second person to hold the office of Director of Public Prosecutions in England and Wales.
Early life and famil ...
, KCB
London Gazette
', 26 October 1894 (issue 26564), p. 6005.
*1894–1909:
Hamilton Cuffe, 5th Earl of Desart
Hamilton John Agmondesham Cuffe, 5th Earl of Desart, (30 August 1848 – 4 November 1934) was an Irish peer and barrister.
Early life
Cuffe was the second son of John Cuffe, 3rd Earl of Desart and his wife, Lady Elizabeth Campbell. He had an ...
, KP, KCB, PC
*1909–1923: Sir
John Paget Mellor, 1st Baronet, KCB
* 1923–1926: Hon.
Alfred Clive Lawrence
Alfred Clive Lawrence, Commander of the Order of the British Empire, CBE (October 1876 – 13 March 1926), commonly known by his middle name, was a British barrister, who was HM Procurator General and Treasury Solicitor from 1923 until his death i ...
, CBE
* 1926–1933: Sir
Maurice Linford Gwyer
Sir Maurice Linford Gwyer, (25 April 1878 – 12 October 1952) was a British lawyer, judge, and academic administrator. He served as Vice-Chancellor of Delhi University from 1938 to 1950, and Chief Justice of India from 1937 to 1943). He is ...
, GCB, KCB, KCSI, QC
* 1934–1953: Sir
Thomas James Barnes
Sir Thomas James Barnes (21 March 1888 – 4 February 1964) was an English lawyer, who served as HM Procurator General and Treasury Solicitor between 1934 and 1953.
Career
Thomas James Barnes was born on 21 March 1888 in Cheshire to Thomas Barn ...
, GCB, Kt, CBE
* 1953–1964: Sir
Harold Simcox Kent
Sir Harold Simcox Kent (11 November 1903 – 4 December 1998) was a British lawyer.
Early life
Kent was born on 11 November 1903 in Tianjin, China, where his father, Percy Horace Braund Kent, OBE, MC, was a barrister in the consular court sp ...
, GCB, QC
* 1964–1971: Sir
William Arthur Harvey Druitt
Sir William Arthur Harvey Druitt, KCB (19 April 1910 – 6 February 1973), commonly known as Sir Harvey Druitt, was a British lawyer.
Career
Born on 19 April 1910 to Arthur Druitt of Gullane, Harvey Druitt was educated at the Edinburgh Academ ...
, 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
Sir Gerald Albery Hosker, KCB, KC (Hon) (born 28 July 1933) is a retired British lawyer and public servant.
Early life and education
Born in 1933, Sir Gerald is the son of Leslie Reece Hosker and Constance Alice, ''née'' Hubbard. He was educ ...
, KCB, QC
* 1995–1996:
Michael Lawrence Saunders, CB
* 1997–2000: Sir
Anthony Hilgrove Hammond
Sir Anthony Hilgrove Hammond, KCB (27 July 1940 – 24 June 2020) was a British lawyer and public servant. , KCB QC (Hon)
* 2000–2006: Dame
Juliet Louise Wheldon, DCB QC
* 2006–2014: Sir
Paul Christopher Jenkins, KCB, QC (Hon)
* 2014–2020: Sir
Jonathan Guy Jones, KCB, QC (Hon)
* 2021–present:
Susanna McGibbon
Susanna Justine McGibbon (born 11 November 1967) is a barrister and senior British civil servant who currently serves as HM Procurator General, Treasury Solicitor and Head of the Government Legal Service, and so Permanent Secretary of the Gove ...
See also
*
Departments of the United Kingdom Government
The Government of the United Kingdom is divided up into departments. These, according to the government, are responsible for putting government policy into practice. There are currently 23 ministerial departments, 20 non-ministerial departments ...
References
External links
*
Government Legal DepartmentBona Vacantia
{{Departments of the United Kingdom Government, type=Non-ministerial, title=Government Legal Department
Law of the United Kingdom
Executive agencies of the United Kingdom government
1876 establishments in the United Kingdom
Organizations established in 1876