Act of Sederunt (Judicial Factors Rules) (Amendment) 1997

Citation and commencement

1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Judicial Factors Rules) (Amendment) 1997 and shall come into force on 3rd March 1997.

(2) This Act of Sederunt shall be inserted in the Books of Sederunt.

Amendment of the Act of Sederunt (Judicial Factors Rules) 1992

2.  The Act of Sederunt (Judicial Factors Rules) 1992(1) shall be amended in accordance with the following provisions of this Act of Sederunt.

3.  In rule 2(1) (interpretation)–

(a) after the definition of “the 1889 Act”, there shall be inserted the following definition:–

““the 1995 Act” means the Children (Scotland) Act 1995(2);”; and

(b) after the definition of “factor”, there shall be inserted the following definition:–

• ““ward”, for the purpose of the appointment of a factor under section 9(5)(a) of the 1995 Act, means the child whose property is being administered by the factor.”.

4.  In rule 3 (application)–

(a) the word “and” immediately following paragraph (1)(c) shall be deleted;

(b) in paragraph (1)(d), for the words “Children (Scotland) Act 1995” there shall be substituted the words “1995 Act”;

(c) in paragraph (1), there shall be inserted after the words “Rules 1993” the following:–

• “; and

  (e)

  except as provided in paragraph (3) of this rule, factors appointed under section 9(5)(a) of the 1995 Act”; and

(d) after paragraph (2), there shall be inserted the following paragraph:–

“(3) Rules 7, 8, 15(4)(b) and 16(3)(b) shall not have effect in relation to factors appointed under section 9(5)(a) of the 1995 Act.”.

5.  In rule 4 (applications to be summary), after the words “summary application” there shall be inserted the words “and, in the case of an application under section 9(5)(a) of the 1995 Act, shall be in Form 8”.

6.  In rule 6(1)(b) (intimation), for the words “intimation to the Accountant” there shall be substituted the words “where the Accountant is not the applicant, intimation to him”.

7.  In rule 15 (application to encroach on capital)–

(a) after paragraph (2), there shall be inserted the following paragraph:–

“(2A) Where the amount of encroachment does not exceed 5% of the initial capital of the estate, the Accountant may in his discretion approve the encroachment.”; and

(b) in paragraph (3)(a), for the words “On receipt of such an application, the Accountant” there shall be substituted the words “Where the Accountant does not approve the encroachment in accordance with paragraph (2A), on receipt of an application under paragraph (1) of this rule he”.

8.  In the Schedule (forms), after Form 7 there shall be inserted the form set out in the Schedule to this Act of Sederunt.

Rodger of Earlsferry

Lord President, IPD

Edinburgh

28th January 1997