Explanatory Notes

Judiciary and Courts (Scotland) Act 2008

2008 asp 6

29 October 2008

The Act

Part 3 – the Courts

The Court of Session

Section 44 – Maximum number of judges

92.This section amends section 1 of the Court of Session Act 1988 (β€œthe 1988 Act”) by inserting a new subsection (3A) which places a requirement on the Scottish Ministers to consult the Lord President before making an order increasing the number of judges in the Court of Session. Subsection (3) retains the affirmative resolution procedure and updates the terminology to refer to the Scottish Parliament.