The Maximum Number of Judges (Scotland) Order 2026

Background

Following Lord Colbeck’s appointment as Chair of the Sheku Bayoh Inquiry, together with ongoing pressures across both the High Court and the Court of Session, there is a need to appoint a replacement senator to maintain judicial capacity and support the effective operation of the courts. As the current statutory maximum number of senators has been reached, an increase in the statutory cap is required to enable this appointment to be made. Increasing the statutory maximum number of senators to 40, beyond the immediate need for one additional appointment, will provide flexibility to make up to three further appointments should future business pressures or operational needs require them. Forecasting by the Scottish Courts and Tribunals Service (SCTS) indicates that pressures on High Court business are expected to continue increasing over the coming years.

The change supports longer-term judicial workforce planning and will help ensure the resilience and sustainability of the courts by enabling the judiciary to respond to emerging business needs without requiring further legislative change.