[4] The chief and the chieftain were at one time in the Scottish Highlands influential political characters, who wielded a large and often arbitrary authority.
[9] According to former Lord Lyon Sir Thomas Innes of Learney, a clan is a community that is distinguished by heraldry and recognised by the sovereign.
A group without a chief recognised by the sovereign through the Lord Lyon has no official standing under Scottish law.
(Scotland) Act 2000 (asp 5) explicitly states (in section 62) that "Nothing in this Act shall be taken to supersede or impair the jurisdiction or prerogative of the Lord Lyon King of Arms," which suggests that the legal authority of the Lyon Court remains intact in all matters heraldic.
[citation needed] To summarise, it is protocol and a preference for any Scottish clan to have their chief recognised by the Lord Lyon and therefore have legal status for the clan as a whole in Scotland and beyond, allowing their head to take their rightful place in the Standing Council of Scottish Chiefs.
The Lyon Court, whose jurisdiction is heraldic,[13] can confirm an application for the Chief of the Name and Arms of a Scottish family.
[16] The term chief of clan and principals of branches is not to persons bearing coats of arms; chiefship and chieftainship have no armorial significance.
The Lyon Court can recognise the appointment of a clan commander, for an interim period of up to ten years, whereupon a further derbhfine will be required.
A chief without supporters could only be allowed to serve on the council for their lifetime; each successive heir would have to be re-elected in the same manner.
[18] Elements of the chief's arms are often found in the crest badge worn, usually on a bonnet, by members of Scottish clans.