OpenLegislation

The Maximum Number of Judges (Scotland) Order 2022

S.S.I. 2022/96 · Made 16 March 2022

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.

Court Of Session

Made 16th March 2022

Coming into force 17th March 2022

At the Court at Windsor Castle, the 16th day of March 2022

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 2022 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 “35” substitute “36”.

3Revocation

The Maximum Number of Judges (Scotland) Order 2016f1 is revoked.

Signature

Richard Tilbrook

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 number of persons who may be appointed as judges of the Court of Session from 35 to 36. Article 3 of this Order revokes the Maximum Number of Judges (Scotland) Order 2016 which had previously increased the number to 35.