Judicial Factors (Scotland) Act 2025
Part 1Appointment of judicial factor
Appointment of judicial factor
1Appointment of judicial factor
2Appointment of judicial factor: charities
Interim judicial factor
3Interim judicial factor
Conditions and qualification for appointment
4Conditions for appointment of judicial factor
5Qualification for appointment as judicial factor
Caution
6Finding of caution
Intimation and recording of notice of appointment
7Intimation and recording of notice of appointment
8Review of appropriateness of recording in the Register of Inhibitions
Vesting of estate in judicial factor
9Vesting of estate in judicial factor
Warrant to intromit with estate
10Warrant to intromit with estate
Remuneration and reimbursement of judicial factor
11Remuneration and reimbursement of judicial factor
Guidance about the appointment of judicial factors on the estates of missing persons
12Guidance about the appointment of judicial factors on the estates of missing persons
Part 2Functions of judicial factor
Functions of judicial factor
13Functions of judicial factor
Power of court to specify functions of judicial factor
14Power of court to specify functions of judicial factor
Power of judicial factor to require information
15Power of judicial factor to require information
Ingathering
16Ingathering
Inventory and management plan
17Inventory of estate
18Management plan
Submission of accounts, etc.
19Submission of accounts, etc.
Investment
20Investment
Claims
21Enforcing or defending claims
Duty where estate object of dispute
22Duty where estate object of dispute
Part 3Dealings etc. with third parties and validity of certain transactions
23Protection of person acquiring title
24Entitlements and liabilities of judicial factor
25Contracts entered into by judicial factor
26Expenses of legal proceedings on behalf of factory estate
27Claims arising from acts or omissions of judicial factor
28Prescription of obligations
29Validity of certain transactions by judicial factor appointed on trust estate
Part 4Distribution of factory estate, termination, recall and discharge of judicial factor
Distribution of factory estate
30Approval of judicial factor’s scheme for distribution of factory estate
31Application for distribution of factory estate
Termination, recall and discharge after distribution
32Termination, recall and discharge after distribution of factory estate
Appointment of replacement judicial factor
33Duty of Accountant to apply for appointment of replacement where judicial factor has died or ceased to perform duties
Other applications for recall and discharge
34Resignation and applications for recall and discharge in other circumstances
Inventory and balance sheet
35Inventory and balance sheet where replacement judicial factor appointed
Termination of judicial factory where insufficient funds
36Termination of judicial factory where insufficient funds
Ending of judicial factor’s accountability on discharge
37Ending of judicial factor’s accountability on discharge
Part 5Accountant of court
Accountant of Court and Depute Accountant
38Accountant of Court: appointment, remuneration and fees
39Depute Accountant
General function of Accountant of Court
40General function of Accountant of Court
Misconduct or failure of judicial factor
41Misconduct or failure of judicial factor
Power of Accountant to require information
42Power of Accountant to require information
Audit by Accountant
43Audit by Accountant
44Audit by Accountant: objection and appeal
Annual review
45Annual review
Inspection of records held by Accountant
46Inspection of records held by Accountant
Inconsistency in judgement or practice
47Inconsistency in judgement or practice
Right of judicial factor to require determination as regards decision of Accountant
48Right of judicial factor to require determination as regards decision of Accountant
Part 6Miscellaneous and general
Miscellaneous
49Competence of appointing curator bonis
50Application of this Act
General
51Ancillary provision
52Modification of enactments and repeals and revocations
53Interpretation
54Commencement
55Short title
Schedule 1Standard powers
1To take possession of, collect and ingather the property of...
2On behalf of the factory estate— (a) to bring or...
3To carry out works.
4To grant any deed necessary for carrying into effect a...
5To carry on— (a) the business (if any) of the...
6To enter into, or take over, a contract.
7To pay a debt due by the estate without requiring...
8To employ, or dismiss from employment, any person.
9To appoint an agent to carry out business which the...
10To remunerate any person appointed under paragraph 9.
11To sell the factory estate, or any part of the...
12To grant, vary, or accept the surrender of a lease...
13To remove a tenant.
14To take a lease or tenancy of any duration of...
15To make any kind of investment of the factory estate,...
16To appoint a person as the judicial factor’s nominee, to...
17To authorise an agent to exercise any of the judicial...
18To exchange any part of the heritable factory estate for...
19To acquire property (whether heritable or moveable).
20To borrow money on the security of the factory estate...
21On behalf of the factory estate, to draw, accept, make...
22To refer to arbitration a question affecting the factory estate....
23To formulate and propose a scheme for division of the...
24To apply to the court for— (a) authority to act...
25In respect of any securities of a company which are...
26To accept any securities of the reconstructed, purchasing or new...
27To retain any such securities for any period which the...
28To such extent as the judicial factor considers appropriate—
Schedule 2Modification of enactments
1Trusts (Scotland) Act 1921
2Conveyancing (Scotland) Act 1924
3Companies Act 1989
4Pension Schemes Act 1993
5Employment Rights Act 1996
6Pensions Act 2004
7Bankruptcy and Diligence etc. (Scotland) Act 2007
8Third Parties (Rights against Insurers) Act 2010
9Courts Reform (Scotland) Act 2014
10Bankruptcy (Scotland) Act 2016
Schedule 3Repeals and revocations
Part 1Repeals
Part 2Revocations

Royal arms

Judicial Factors (Scotland) Act 2025

2025 asp 3

An Act of the Scottish Parliament to make provision about judicial factors; the appointment and functions of the Accountant of Court; and for connected purposes.