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The Maximum Number of Judges (Scotland) Order 2016

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2016, ISBN 9780111033128

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before the Scottish Parliament under section 1(3) of the Court of Session Act 1988, for approval by resolution of the Scottish Parliament.

Court Of Session

Made 2016

Coming into force in accordance with article 1

At the Court at Buckingham Palace, the 14th day of December 2016

Present,

The Queen’s Most Excellent Majesty in Council

This Order is made in exercise of the powers conferred by section 1(2) of the Court of Session Act 1988f1 and all other powers enabling Her Majesty to do so.

Her Majesty is satisfied that the Lord President of the Court of Session has been consulted in accordance with section 1(3A) of that Actf2.

In accordance with section 1(3) of that Actf3 a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Accordingly, Her Majesty is pleased, by and with the advice of Her Privy Council, to order as follows:

Annotations to the whole text

Footnotes

f1

1988 c.36.

f2

Section 1(3A) was inserted by the Judiciary and Courts (Scotland) Act 2008 (asp 6), section 44(4)

f3

Section 1(3) was amended by the Judiciary and Courts (Scotland) Act 2008, section 44(3) and modified by paragraph 5 of schedule 3 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10).

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Court of Session Act 1988
  3. 3Revocation
  4. Signature
  5. Explanatory note

1Citation and commencement

This Order may be cited as the Maximum Number of Judges (Scotland) Order 2016 and comes into force on the day after the day on which it is made.

2Amendment of the Court of Session Act 1988

In section 1(1) of the Court of Session Act 1988f1 (maximum number of judges of the Court of Session), for “34” substitute “35”.

3Revocation

The Maximum Number of Judges (Scotland) Order 2004f1 is revoked.

Signature

Name

Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

Article 2 of this Order amends section 1(1) of the Court of Session Act 1998 so as to increase the number of persons who may be appointed as judges of the Court of Session from 34 to 35. Article 3 of this Order revokes the Maximum Number of Judges (Scotland) Order 2004 which had previously increased the number to 34.