The Maximum Number of Judges (Scotland) Order 2026

Key Findings

In respect of the Order, the EQIA process has indicated that there may be indirect positive equality implications arising from the policy for example through its potential effect on access to justice, court waiting times, and representation within the judiciary.

• Eliminating unlawful discrimination: No differential impact is anticipated in relation to this public sector equality duty for protected characteristics.
• Advancing equality of opportunity: Given one of the aims of this Order is to gain greater flexibility to recruit additional senators, this may create additional appointment opportunities over time. While appointments are merit-based, increasing capacity may indirectly contribute to increasing diversity of representation where particular groups are currently underrepresented.
• Promoting good relations among and between different groups: The Order may indirectly support greater flexibility in judicial working arrangements, helping to attract and retain a broader and more diverse range of candidates for judicial office. It could also create more opportunities for different working patterns, which may particularly benefit individuals with caring responsibilities. Collectively, these factors may support greater diversity within the judiciary over time.