Bail, Judicial Appointments etc. (Scotland) Act 2000

5 Variation of number of Inner House judges and filling of vacancies

In section 2 (composition of court) of the Court of Session Act 1988 (c. 36)—

(a) after subsection (2) there is inserted—

“(2A) The Scottish Ministers may from time to time by order amend subsection (2) above so as to alter or further alter the number of senior judges in the two Divisions.

(2B) The power conferred by subsection (2A) above may be exercised—

(a) in relation only to one; or

(b) differently in relation to each,

of the two Divisions.

(2C) An order under this section shall be made by statutory instrument.

(2D) No order shall be made under this section unless a draft of the instrument containing it has been laid before and approved by resolution of the Scottish Parliament.”;

(b) in subsection (6), for the words “subsection (7)” there is substituted “subsections (7) and (8)”; and

(c) after subsection (7), there is inserted—

“(8) The Scottish Ministers shall not give their consent under subsection (6) above to an appointment filling a vacancy in one of the two Divisions of the Inner House unless they are satisfied that the state of business in the Inner House requires that the vacancy be filled.”.