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The Maximum Number of Judges (Scotland) Order 2004

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Scottish Statutory Instruments

2004 No. 499

COURT OF SESSION

The Maximum Number of Judges (Scotland) Order 2004

Made

17th November 2004

Coming into force

18th November 2004

At the Court at Buckingham Palace, the 17th day of November 2004

Present,

The Queen’s Most Excellent Majesty in Council

Whereas a draft of the following Order was laid before, and approved by resolution of the Scottish Parliament:

Now, therefore, Her Majesty, in exercise of the powers conferred on Her by section 1(2) of the Court of Session Act 1988(1), and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

Citation and commencement

1.  This Order may be cited as the Maximum Number of Judges (Scotland) Order 2004 and shall come into force on the day after the day on which it is made.

Amendment of the Court of Session Act 1988

2.  Section 1(1) of the Court of Session Act 1988(2) (which provides that the maximum number of judges of the Court of Session shall be 32) shall be amended by substituting for the number “32” the number “34”.

Revocation

3.  The Maximum Number of Judges (Scotland) Order 1999(3) is hereby revoked.

A. K. Galloway

Clerk of the Privy Council

17th November 2004

Explanatory Note

(This note is not part of the Order)

This Order amends section 1(1) of the Court of Session 1988 so as to increase the maximum number of persons who may be appointed as judges of the Court of Session from 32 to 34. The Order revokes the Maximum Number of Judges (Scotland) Order 1999 which had previously increased the number to 32.

(2)

Section 1(1) was amended by S.I. 1993/3154 and S.S.I. 1999/158.

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