# The Maximum Number of Judges (Scotland) Order 2026

Draft 2026, ISBN 9780111066867

Article 2 of this Order amends section 1(1) of the Court of Session Act 1988 so as to increase the maximum number of persons who may be appointed as judges of the Court of Session from 36 to 40. Article 3 revokes the Maximum Number of Judges (Scotland) Order 2022 which had previously increased the maximum number of judges of the Court of Session to 36.

Made under: Court of Session Act 1988 (Section 1)

PDFs: Printed copy https://openlegislation.uk/draft-maximum-number-of-judges-scotland-order-2026/pdf/sdsi_9780111066867_en.pdf; Draft Policy Note https://openlegislation.uk/draft-maximum-number-of-judges-scotland-order-2026/pdf/sdsipn_9780111066867_en_001.pdf

## Introductory text

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 2026
Coming into force 2026
At the Court at Buckingham Palace, the day of
Present,
The King'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 1988 and all other powers enabling His Majesty to do so.
His Majesty is satisfied that the Lord President of the Court of Session has been consulted in accordance with section 1(3A) of that Act.
In accordance with section 1(3) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Accordingly, His Majesty is pleased, by and with the advice of His Privy Council, to order as follows:

## 1 Citation and commencement

This Order may be cited as the Maximum Number of Judges (Scotland) Order 2026 and comes into force on the day after the day on which it is made.

## 2 Amendment of the Court of Session Act 1988

In section 1(1) of the Court of Session Act 1988 (maximum number of judges), for “36” substitute “40”.

## 3 Revocation

The Maximum Number of Judges (Scotland) Order 2022 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 1988 so as to increase the maximum number of persons who may be appointed as judges of the Court of Session from 36 to 40. Article 3 revokes the Maximum Number of Judges (Scotland) Order 2022 which had previously increased the maximum number of judges of the Court of Session to 36.

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Source: https://www.legislation.gov.uk/sdsi/2026/9780111066867 (the official version)
Page: https://openlegislation.uk/draft-maximum-number-of-judges-scotland-order-2026
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.