Explanatory note

This Order specifies the Auditor of the Court of Session, the auditor of the Sheriff Appeal Court and the auditor of the sheriff court (“auditors of court”) as offices in the Scottish Administration which are not ministerial offices for the purposes of the Scotland Act 1998.

Section 14(3) of the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 (“the 2018 Act”) provides for the Scottish Courts and Tribunals Service to appoint auditors of court. Article 2 establishes these offices as offices in the Scottish Administration.

This Order is required to make the auditors of court offices of the Scottish Administration, as is the case for all other offices of court by virtue of the Scottish Administration (Offices) Order 1999 (S.I. 1999/1127) and the Scottish Administration (Offices) Order 2015 (S.I. 2015/200).

Under this Order only those auditors who are appointed under section 14(3) of the 2018 Act will be members of the Scottish Administration. Existing auditors of court have a different employment status to auditors of court appointed under section 14(3) and will not be members of the Scottish Administration unless they are appointed under section 14(3).

A full impact assessment has not been produced for this instrument as no significant impact on the private, voluntary or public sectors is foreseen.