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The text of an information leaflet from Lyon (source: http://www.electricscotland.com/webclans/lordlyon3.htm)
Information Leaflet No. 3
All heraldic flags In Scotland come under the legal jurisdiction of the Lord Lyon King of Arms, in terms of the Act of Parliament 1672 cap. 47 and under 30 & 31 Vict. cap. 17. The Lord Lyon’s regulations governing the display of heraldic flags in Scotland are broadly as follows. Doubts and questions of exact detail should be referred to the Court of the Lord Lyon, HM New Register House, Edinburgh, EH1 3YT, telephone 0131-556-7255.
1. SIZE
The size of a flag depends on the site where it is flown, from very small flags
for table decorations to enormous flags for the top of a tower. Clear legibility
determines the size suitable. Therefore sizes are only given hereafter for
special flags, where the sizes are fixed by regulation.
2. PROPORTIONS
The proportions of a flag, the relation of its width to its height, remain
constant regardless of its size. Where relevant, these are given hereafter in
the form "2:1", i.e., a flag whose width is twice its height.
3. HOIST
The "hoist" is the part of the flag nearest to the pole.
4. FLY
The "fly" is the part of the flag furthest from the pole. In long flags such as
Standards, the devices are described in order reading from the hoist to the fly.
5. RESPECTING
All heraldic flags are designed with the convention that the pole is on the left
of the flag, from the spectator’s point of view. And it is on this convention
that the flag and its contents are described. A lion rampant, for example, will
face or "respect" the pole. Heraldic devices are sewn right through the flag’s
material, so on its reverse side all the devices will be reversed left to right,
and the lion will still respect the pole. Lettering on flags such as Standards
is the only exception to this rule, otherwise the words would read backwards on
the reverse side. Such exceptions have to be of double thickness.
6. MATERIALS
Any material suitable to the context and the owner’s pocket maybe used for
flags, from nylon or nylon-and-wool bunting for flags flown out of doors to
silk, satin and rich brocades for flags used for internal display. Metallic
nylon "Lurex" material gives good and economic results when used for gold and
silver.
7. FRINGES
Except in a few cases such as Standards, fringes are regarded as mere decoration
to be added or omitted at the owner’s whim. Where used, they should be either
plain and of the same metal (gold or silver) that is predominant in the flag, or
they may be of alternate portions of the main colour and the main metal of the
flag itself
8. COLOURS
There are no fixed "heraldic colours" for flags. Any red that is clearly "red"
and not orange or purple is correct. In general it is found that the brightest
possible colours give the best effect. The rules of heraldic composition prevent
garish results.
9. METALS
i.e., Gold and Silver. These occur in almost all heraldic flags, and can be shown
either as yellow and white or as metallic gold and silver. Whichever is chosen,
its use should be consistent within the flag. Not yellow AND gold.
10. THE UNION FLAG
Popularly called "The Union Jack", this is the correct flag for all citizens and
corporate bodies of the United Kingdom to fly to demonstrate their loyalty and
their nationality. It is often flown upside down, and the rule is that the
broader white diagonals should be uppermost in the hoist, ie. next to the pole.
Its correct proportions are 2:1.
11. THE SALTIRE
The flag of St. Andrew, the patron saint of Scotland. Blue with a white or silver
diagonal cross reaching to its edges, this is the correct flag for all Scots or
Scottish corporate bodies to fly to demonstrate their loyalty and their Scottish
nationality. Its proportions are not fixed, but 5:4 is suitable [but see
discussion on this page - ed.]. It is correct
both to fly it with or instead of the Union Flag.
12. THE "RAMPANT LION"
This is NOT a national flag and its use by citizens and corporate bodies is
entirely wrong. Gold, with a red rampant lion and royal tressure. It is the
Scottish Royal banner, and its correct use is restricted to only a few Great
Officers who officially represent the Sovereign, including the Secretary of
State for Scotland as Keeper of the Great Seal of Scotland, Lord Lieutenants in
their Lleutenancies, the Lord High Commissioner to the General Assembly of the
Church of Scotland. the Lord Lyon King of Arms, and other lieutenants specially
appointed. Its use by other, non-authorised persons is an offence under the Acts
1672 cap. 47 and 30 & 31 Vict. cap. 17.
13. THE PERSONAL BANNER
This is often wrongly called a "Standard" (see para. 17 below) and is the
personal flag of the owner of a coat of arms (an "armiger"). It shows his
personal coat of arms granted to him by the Lord Lyon or inherited in right of
an ancestor, and protected to him by the Law of Scotland. The coat of arms fills
the banner right to its edges, as though it were a rectangular shield. It is
quite wrong to use a banner of a plain colour with the owner’s arms on a shield
in the middle. This would mean that the owner’s arms were of that colour with a
lithe inescutcheon In the centre. Nor should the external "additaments" be
shown, i.e., helmet, mantling, crest, motto and supporters. Its purpose is the
location and identification of its owner, and it Is the visual equivalent of his
name. No one else may use it. Flown over his house it denotes that he is there,
and as a house flag its proportions are 5:4. The size of a house flag depends on
the height of the building and the pole, and it should be large enough to be
intelligible at the height at which it is flown.
For personal use, the size and shape varies according to rank, as follows, excluding any fringes:
14. CARRYING FLAGS
These are personal banners for carrying in processions, either by their
owners or their appointed henchmen, for example at Highland Games. They are made
of silk or satin or bunting at their owner’s choice and may be fringed or not.
When so used, there are regulation sizes according to rank, not including any
fringes, as follows:
15. CORPORATION BANNERS
These are the equivalent of personal banners for companies or other corporate
bodies, such as Regional or District Councils, which have been granted arms by
the Lord Lyon. The flag shows the coat of arms filling its whole rectangular
shape, as for personal banners (para. 13). The extent of its usage depends upon
the corporate body, whether it is only flown over the headquarters building or
at all the company’s or corporation’s sites. Its use as a car bonnet flag is
restricted to the head of the corporate body and when he is acting as such. Its
proportions are 5:4.
16. PIPE BANNERS
These are banners of personal arms as in para. 13, but cut slanted at the top to
fit against the big drone and hang down the piper’s back. They are used by most
Chiefs and Lairds who have personal pipers, and by the Highland regiments whose
company commanders’ pipe banners are displayed on the regiment’s pipes. The
correct usage is for the arms to fill the entire banner to its edges, but some
regiments have different customs, such as showing the whole achievement
including supporters, or the crest alone. Such traditions are now hallowed by
the centuries and are permitted. The pipe-majors of local government or works
pipe-bands may display their appropriate pipe-banner of the corporation or
company’s arms.
17. THE STANDARD
This is a long, narrow tapering flag, granted by the Lord Lyon only to those who
have a "following", such as Clan Chiefs, because it is a "Headquarters" flag. It
is used to mark the assembly point or Headquarters of the Clan or following, and
does not necessarily denote the presence of the Standard’s owner as his personal
banner does. Ancient standards usually showed the national Saltire in the hoist,
next to the pole, but nowadays usually show the owner’s personal arms. The
remainder of the flag is horizontally divided into two tracts of his "livery
colours" for Chiefs of Clans or families, three tracts for very major
branch-Chieftains, and four for others. Those of peers and barons have the end
split into two and rounded. Upon this background are usually displayed the
owner’s crest and heraldic badges, separated by transverse bands bearing the
owner’s motto or slogan. The standard is fringed with the alternating livery
colours. The height of the standard is not fixed, but it is usually about 4 feet
at the pole tapering to about 24 inches at the end. The length of the standard
varies according to the rank of its owner, as follows:
The standards of non-baronial chiefs, or others who for special reasons get
standards, have round unsplit ends.
The height of the flagpole should take account of the length of the standard
when hanging slack.
On rare occasions a uniform length of standard for a decorative display may be
laid down by the Lord Lyon.
Where it is desired to display other matter along with the National Flag the
Standard is the appropriate form of flag. It should show the Saltire Flag or the
Union Jack in the hoist, and the remainder of the flag may contain lettering
appropriate to the user’s purpose, for example the name of an exhibition or site
of a gathering.
18. THE GUIDON
This is a similar shape to the Standard, and is one-third shorter than the
Standards assigned to Feudal Barons. It is 8 feet long, and is assigned by the
Lord Lyon to Lairds who have a following, as for Standards, but are of
non-baronial tenure. The Guidon tapers to a round, unsplit end at the fly, has a
fringe of the livery colours, and has a background of the livery colours of its
owner’s arms. The owner’s Crest or Badge (formerly his arms without supporters)
are shown In the hoist, with his motto or slogan In the fly.
19. THE PENNON
This is similar to the Guidon but half its length, i.e., 4 feet. It Is assigned to
armigers in very rare cases and circumstances nowadays.
20. THE PINSEL
This is the flag denoting a person to whom a Clan Chief has delegated his
authority for a particular occasion, such as a Clan Gathering when the Chief
himself is absent, In a word, the flag of the Chiefs representative. It is
triangular in shape, 2 feet high at the hoist and tapering to 4 feet 6 inches in
width, with a background of the main livery colour of the Chiefs arms. On it is
shown the Chiefs crest, within a strap of the second livery colour and buckle
(gold for full Chiefs), bearing the motto, and outside the strap and buckle a
gold circlet (outlined in green if the background is not a contrasting colour to
gold) inscribed with the Chief’s or Baron’s title. On top of this circlet is set
the owner’s coronet of rank or his baronial cap. In the fly is shown the owner’s
plant badge and a scroll inscribed with his slogan or motto. This flag is
allotted only to Chiefs or very special Chieftain-barons for practical use, and
only upon the specific authority of the Lord Lyon King of Arms.
21. NATIONAL FLAGS
The Union Flag and/or the Scottish Saltire Flag may be freely flown by any Scot
or Scottish
Corporate body anywhere in Scotland, to demonstrate their nationality and
allegiance. No special permission is required, and either or both may correctly
be flown.
22. THE ‘LION RAMPANT’
The personal banner of the King of Scots may NOT be flown by anyone other than
those specifically authorised as variously representing the Sovereign, as set
out in para. 12 above. Its use by other non-authorised persons is an offence
under the Acts 1672 cap. 47 and 30 & 31 Vict. cap. 17. The freedom of use
accorded to the Saltire Flag is NOT extended to the Scottish Royal Banner.
23. PERSONAL AND CORPORATE HERALDIC FLAGS
All of these are rigorously protected to their owners by the Laws of Arms in
Scotland, and they may be flown by no one else. Transgression of the law is an
offence, and the Court of the Lord Lyon includes a Procurator Fiscal whose duty
it is to prosecute the offenders.
located by Ole Andersen, 2 May 2003
Many people have made the mistake of assuming that Scottish law on heraldry
is mutatis mutandis the same as English law. Not so. The Scottish
Parliament's enactments are largely intact, and have in part been confirmed at
Westminster. I know of no legislation from either Strasbourg or Holyrood which
changes the situation. The Lord Lyon's jurisdiction is not only far wider than
that of his colleagues, the three Kings of Arms at the College of Arms, but his
legal position is stronger. The Court of the Lord Lyon is a court of law, and
infractions can be punished. While the authority of the Earl Marshal's Court has
been (weakly) affirmed in the 20th century, it has sat only once in centuries.
Lyon Court has an undisputed authority confirmed in regular sessions. How
frequent I am not certain.
Mike Oettle, 4 May 2006
I don't doubt that the situation of Lyon in Scotland was different -
historically and legally - from that of the College of Arms in England. I
wondered to what extent the old laws regarding Lyon Court were still valid or,
at least, enforceable I had in mind an article in 'The Orcadian' at
www.orcadian.co.uk/archive/coatarms.htm which says, inter alia:
"Councillors were told earlier this year that the flag's
use could risk the wrath of the Lord Lyon King of Arms who has powers to
confiscate any property over which it is flown."
Now, this could be nonsense, of course, but I don't believe 'The Orcadian' made
it up; someone believed that Lyon's powers include the confiscation of property.
If the old laws do include this sanction, then I have not the slightest doubt
that it is now unenforceable if not downright illegal; apart from anything else,
it will have been superseded by human rights law.
So my questions remain: firstly, since Lyon's website doesn't make any claim for
regulation of the Saltire, there must be a grey area about which flags Lyon has
a right to attempt to regulate and which ones he doesn't. Secondly, what
sanctions are there against the use of a flag which Lyon doesn't approve of?
André Coutanche, 4 May 2006
Lyon's area of jurisdiction is the entire Kingdom of Scotland as it existed
before James VI became King of England - that is, including Orkney and Zetland.
You question Lyon's powers to confiscate property. It seems to me that The
Orcadian is exaggerating: Lyon may confiscate irregular representations of coats
of arms, and irregular flags, but not (to my knowledge) landed property. Both
St George's cross and St
Andrew's cross are royal badges. The regulation of St George's cross usage
in England is somewhat lax, because the College has little or no jurisdiction
over flags, and the Admiralty only has jurisdiction at sea. But Lyon definitely
has authority over the usage of St Andrew's cross (a white saltire on blue). The
Scottish Assembly has changed the colours of that flag, and may have adapted
rules covering its usage, but to my knowledge it has not altered Lyon's
authority over that usage.
Mike Oettle, 4 May 2006
Under what authority can Lyon act against an incorrect flag? Objections
raised against such action include Lyon has no authority to confiscate real
estate, and that Lyon has no jurisdiction over intellectual property rights. In
fact, neither category of law applies here. Lyon has the power,
established by the Scottish Parliament (prior to the Union of Parliaments),
confirmed at Westminster, to confiscate images (representations) of coats of
arms, and of armorial flags, of which there are several categories. This
incidentally includes St Andrew's cross (a white
saltire on blue), sometimes called "the Saltire", since this is a royal badge.
St George's cross also is a royal badge, but the
authority of the College of Arms is not as firmly established over it. However,
Lyon does control St Andrew's cross north of the border, even though the
present-day Scottish Parliament has made certain rulings about the usage of that
flag. This power that Lyon holds concerns symbols under locally applicable law,
and is not superseded by any legislation passed in Strasbourg or rulings handed
down by the European Court.
Mike Oettle, 13 May 2006
Flagmaster 114 (the journal of the British Flag Institute, Autumn 2004 issue)
contains the report of a Flag Code proposed by The Heraldic Society of Scotland,
in conjunction with The St Andrews Society and The Scottish Flag Trust. The
ratio proposed is 4:5 (making it rather shorter than is usual although in line
with the recommendations of Lord Lyon King of Arms), with width of the saltire
defined by the unusual method of drawing a square at each corner whose sides are
equal to one-sixth the width of the flag with the corners (of each square)
joined to form a saltire of the correct thickness. This actually works out at
about 9/40 of flag width or slightly wider than the BR20 suggestion.
The code proposes rules for usage etc., and copies may be obtained from The
Scottish Flag Trust, PO Box 84, Edinburgh, Scotland.
Christopher Southworth, 6 February 2005