2016 No. 423

Court Of Session

The Maximum Number of Judges (Scotland) Order 2016

Made

Coming into force

At the Court at Buckingham Palace, the 14th day of December 2016

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 19881 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 Act2.

In accordance with section 1(3) of that Act3 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:

Citation and commencementI11

This Order may be cited as the Maximum Number of Judges (Scotland) Order 2016 and comes into force on the day after the day on which it is made.

Annotations:
Commencement Information
I1

Art. 1 in force at 15.12.2016, see art. 1

Amendment of the Court of Session Act 1988I22

In section 1(1) of the Court of Session Act 19884 (maximum number of judges of the Court of Session), for “34” substitute “35”.

Annotations:
Commencement Information
I2

Art. 2 in force at 15.12.2016, see art. 1

RevocationI33

The Maximum Number of Judges (Scotland) Order 20045 is revoked.

Annotations:
Commencement Information
I3

Art. 3 in force at 15.12.2016, see art. 1

Ceri KingDeputy 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 1998 so as to increase the number of persons who may be appointed as judges of the Court of Session from 34 to 35. Article 3 of this Order revokes the Maximum Number of Judges (Scotland) Order 2004 which had previously increased the number to 34.