If the Lord Advocate or the Solicitor General for Scotland is not a member of the Parliament—
he may participate in the proceedings of the Parliament to the extent permitted by standing orders, but may not vote, and
standing orders may in other respects provide that they are to apply to him as if he were such a member.
Subsection (1) is without prejudice to section 39.
The Lord Advocate or the Solicitor General for Scotland may, in any proceedings of the Parliament, decline to answer any question or produce any document relating to the operation of the system of criminal prosecution in any particular case if he considers that answering the question or producing the document—
might prejudice criminal proceedings in that case, or
would otherwise be contrary to the public interest.