Page:Margaret Hamilton of Rockhall v Lord Lyon King of Arms.pdf/8

 which he describes as "persons deserving of being raised to the nobility" and who, by virtue of the grant of arms become root of a "noble stok" (ibid at p 85).

Personal appointment of the Lord Lyon by the Monarch

[15] The Lord Lyon is personally appointed by the Monarch in terms of letters patent. In relation to the grant of arms, the Lord Lyon exercises the royal prerogative on behalf of the Monarch. The powers and duties conferred on the holder of the office are exercisable by, and binding upon the holder of the office for the time being: see section 12 of the Interpretation Act 1978. However, unlike many other ministerial offices of offices of state, there is no statutory provision dealing with a vacancy in this Office of State, or providing that it shall be a corporation sole. (This may be contrasted with the statutory provisions made for Ministers of the Crown, as for example provided for in section 5 of the Crown Suits (Scotland) Act 1857; section 1(6) of the Public Registers and Records (Scotland) Act 1948; Ministers of the Crown Act 1975, Schedule 1, paragraph 5; or article 4 of the Secretary of State for Transport Order 1976 (SI 1976 No 1775).) The potential significance of this is that there is no presumed or imputed continuity of obligations as between one holder of the office of Lord Lyon and his predecessor, a point the defender relies on to argue that the Agreement was not binding on successor Lords Lyon.

The distinct jurisdictions exercised by the Lord Lyon

[16] The Lord Lyon has two distinct types of jurisdiction. It is helpful to note these two jurisdictions.