Judicial Factors (Scotland) Act 2025 Explanatory Notes

1. Introduction

2. The Act

3. Crown Application

4. Commentary on Sections

   1. Part 1 – Appointment of judicial factor

      1. Appointment of judicial factor

      2. Interim judicial factor

      3. Conditions for appointment of judicial factor

      4. Qualification for appointment as judicial factor

      5. Finding of caution

      6. Intimation and recording of notice of appointment

      7. Vesting of estate in judicial factor

      8. Warrant to intromit with estate

      9. Remuneration and reimbursement of judicial factor

      10. Guidance about the appointment of judicial factors on the estates of missing persons

   2. Part 2 – Functions of judicial factor

      1. Functions of judicial factor

      2. Power of court to specify functions of judicial factor

      3. Power of judicial factor to require information

      4. Ingathering

      5. Inventory and management plan

      6. Submission of accounts etc.

      7. Investment

      8. Enforcing or defending claims

      9. Duty where estate object of dispute

   3. Part 3 – Dealing etc. with third parties and validity of certain transactions

   4. Part 4 – Distribution of factory estate, termination, recall, and discharge of judicial factor

      1. Termination, recall and discharge after distribution

      2. Inventory and balance sheet

      3. Termination of judicial factory where insufficient funds

      4. Ending of judicial factor’s accountability on discharge

   5. Part 5 – Accountant of Court

      1. Accountant of Court and Depute Accountant

      2. Misconduct or failure of judicial factor

      3. Power of the Accountant to require information

      4. Audit by Accountant

      5. Annual review

      6. Inspection of records held by Accountant

      7. Inconsistency in judgement or practice

      8. Right of judicial factor to require determination as regards decision of Accountant

   6. Part 6 – Miscellaneous and general

5. Parliamentary History