The Act Part 3: Administrative Sanctions Section 51: Lord Advocate’s guidance
59.This section gives the Lord Advocate, as head of the Crown Office and Procurator Fiscal Service, the right to issue guidance to enforcement authorities about how they exercise their functions with regards to fixed penalty notices and compliance notices. The content of the guidance will be a matter for the Lord Advocate, but it may, for example, set conditions for certain offences to be treated administratively. Enforcement authorities must comply with this guidance. The section also requires the Lord Advocate to publish such guidance, unless the Lord Advocate considers that publishing it would prejudice those activities specified in subsection (3).