A new statutory instrument made on 14 October 2026 updates the list of non-ministerial offices within the Scottish Administration. The Scottish Administration (Offices) Order 2026 was laid before both the UK Parliament and the Scottish Parliament on 16 October 2026 and is due to come into force on 5 December 2026. The Order was made by His Majesty in Council under section 126(8)(b) of the Scotland Act 1998. In practical terms, it uses an existing power in the devolution settlement to specify which office-holders sit within the Scottish Administration without holding ministerial office.
The change is narrow but constitutionally important. The Order specifies two offices: the Clerk of the Sexual Offences Court, appointed under section 86(1) of the Victims, Witnesses, and Justice Reform (Scotland) Act 2025, and any Deputy Clerk of the Sexual Offences Court appointed under section 87(1) of that Act. By naming those posts in the Order, the instrument brings them formally within the Scottish Administration as non-ministerial offices. That means the legislation is concerned with the legal status of the office-holders, rather than with day-to-day policy direction or ministerial control.
The explanatory note makes clear that the instrument is required because these are new offices. Without this step, the Clerk and Deputy Clerks of the Sexual Offences Court would not be placed within the Scottish Administration in the same way as comparable court offices already recognised under the devolved settlement. This is therefore an administrative and constitutional adjustment following earlier justice legislation. It does not establish the Sexual Offences Court itself, and it does not alter the appointment provisions already set out in the 2025 Act. Instead, it aligns the new court offices with the existing structure of devolved public administration in Scotland.
The model is not new. The explanatory note points to several established posts already treated in this way, including clerks in the Justiciary Office of the High Court of Justiciary, Sheriff Clerks and Sheriff Clerk Depute, and the Clerk and Deputy Clerks of the Sheriff Appeal Court. That comparison matters because it shows the purpose of the Order. The new Sexual Offences Court posts are being inserted into a familiar category of court administration roles, rather than being given a distinct constitutional status. For readers tracking justice reform, the instrument is best understood as a consequential devolution measure supporting implementation of the 2025 Scottish legislation.
The underlying appointments remain with the Scottish Courts and Tribunals Service, as provided for in sections 86 and 87 of the Victims, Witnesses, and Justice Reform (Scotland) Act 2025. The present Order does not rewrite those arrangements. Its role is to ensure that, once appointed, the Clerk and any Deputy Clerks are recognised as office-holders within the Scottish Administration. That distinction is important for legal clarity. Devolution legislation often depends on precise statutory definitions of who counts as part of an administration, and in what capacity. For that reason, even a short Order such as this can carry significance beyond its length.
For public bodies and court administrators, the immediate effect is likely to be limited and technical. The instrument contains no wider policy package, no new operational duties in the text provided, and no change to the commencement date of the underlying Scottish court provisions. Its main effect is to regularise status within the constitutional framework created by the Scotland Act 1998. The Order also states that it extends across England and Wales, Scotland and Northern Ireland. That is standard drafting for some constitutional instruments, although the offices themselves relate to devolved Scottish public administration and to a court created under Scottish legislation.
The accompanying note states that no full impact assessment has been produced because no impact, or no significant impact, is expected for the private, voluntary or public sector. That suggests ministers and officials view the measure as a necessary legal tidying exercise rather than a reform expected to create material new costs or burdens. Even so, the instrument has clear value for those following Scottish constitutional and justice policy. It shows how the devolution framework continues to require secondary legislation to accommodate new institutions and office-holders created by Acts of the Scottish Parliament. In this case, the result is that, from 5 December 2026, the clerks serving the new Sexual Offences Court will have a defined place within the Scottish Administration.