- Draft legislation
This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Maximum Number of Judges (Scotland) Order 2016 No. 423
Draft Order laid before the Scottish Parliament under section 1(3) of the Court of Session Act 1988, for approval by resolution of the Scottish Parliament.
Draft Scottish Statutory Instruments
Court Of Session
Made
2016
Coming into force in accordance with article 1
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 1988(1) 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 Act(2).
In accordance with section 1(3) of that Act(3) 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:
1. 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.
2. In section 1(1) of the Court of Session Act 1988(4) (maximum number of judges of the Court of Session), for “34” substitute “35”.
3. The Maximum Number of Judges (Scotland) Order 2004(5) is revoked.
Name
Clerk of the Privy Council
(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.
Section 1(3A) was inserted by the Judiciary and Courts (Scotland) Act 2008 (asp 6), section 44(4)
Section 1(3) was amended by the Judiciary and Courts (Scotland) Act 2008, section 44(3) and modified by paragraph 5 of schedule 3 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10).
Section 1(1) was relevantly amended by the Judiciary and Courts (Scotland) Act 2008, section 44(2) and S.S.I. 2004/499.
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Draft Policy Note sets out a brief statement of the purpose of a Draft Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Draft Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as 'Executive Notes' and accompanied Draft Scottish Statutory Instruments from July 2005 until July 2012.
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