Membership of the Judicial Committee of the Privy Council (JCPC) to consider devolution vires cases will be drawn from those members of the privy Council who are not over 75 years old, who hold or have held the office of Lord of Appeal in Ordinary or high judicial office in the UK as defined in section 25 of the Appellate Jurisdiction Act 1876, which would include the office of Lord Chancellor, a judge of the Court of Session in Scotland and judge of the High Court or Court of Appeal in England, Wales and Northern Ireland. Commonwealth judges and the present and former Lords President of the Council will not be eligible to be members of the JCPC in devolution vires cases. Its composition for devolution vires cases will be decided by the senior Lord of Appeal in Ordinary.

There are 8 members of the Privy Council who hold or have held high judicial office in Scotland;

The right hon The Lord Mackay of Clashfern
The right hon The Lord Cameron of Lochbroom
The right hon The Lord Jauncey of Tillichettle (retired)
The right hon The Lord Rodger of Earlsferry
The right hon The Lord Hope of Craighead
The right hon The Lord Clyde
The right hon The Lord Ross (retired)
The right hon The Lord Cullen