The Scottish Administration (Offices) Order 2026
Designated the Clerk and Deputy Clerks of the Sexual Offences Court as non-ministerial office holders within the Scottish Administration.
This Order designates the Clerk and Deputy Clerks of the Sexual Offences Court as non-ministerial offices within the Scottish Administration.
By exercising powers under the Scotland Act 1998, the instrument ensures these newly created positions are legally recognized as part of the Scottish civil service infrastructure, specifically under the Scottish Courts and Tribunals Service. The Order applies to the administrative staff appointed to support the Sexual Offences Court across the United Kingdom.
Arguments For
The order states that these are new offices created under the Victims, Witnesses, and Justice Reform (Scotland) Act 2025 and must be formally integrated into the Scottish Administration.
Proponents argue that the designation ensures these roles are treated consistently with existing court officials, such as Sheriff Clerks and Clerks of the High Court of Justiciary.
The document notes that no significant impact on the private, voluntary, or public sector is foreseen, justifying the absence of a full impact assessment.
Arguments Against
Legal observers might note that the order's legal effect relies entirely on the successful commencement and implementation of the Victims, Witnesses, and Justice Reform (Scotland) Act 2025.
Administrative critics could question the increasing complexity of non-ministerial designations within the Scottish Administration as new specialized courts are established.
Citation, commencement and extent
- -(1) This Order may be cited as the Scottish Administration (Offices) Order 2026 and comes into force on 5th December 2026.
- (2) This Order extends to England and Wales, Scotland and Northern Ireland.
This section establishes the official name of the order and sets the date it becomes legally active as 5 December 2026.
It also specifies that the legal authority of the order applies throughout the entire United Kingdom.
Specification of offices
- The following offices are specified for the purposes of section 126(8)(b) of the Scotland Act 1998 (offices in the Scottish Administration which are not ministerial offices)-
- (a) the Clerk of the Sexual Offences Court appointed under section 86(1) of the Victims, Witnesses, and Justice Reform (Scotland) Act 2025,
- (b) a Deputy Clerk of the Sexual Offences Court appointed under section 87(1) of the Victims, Witnesses, and Justice Reform (Scotland) Act 2025.
This section identifies the specific roles of Clerk and Deputy Clerk of the Sexual Offences Court as non-ministerial offices within the Scottish Administration.
This classification places these court officials under the same administrative framework as other Scottish court staff, rather than under the direct political control of Scottish Ministers.
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