15.Section 5(1) sets out the requirements which a person must fulfil in order for that person to be appointed as a judicial factor. A person must be an individual of full legal capacity, meaning over the age 16 and not subject to any legal incapacity which would prevent them carrying out any actions. The individual must, in the opinion of the court making the appointment, be suitable to act as judicial factor on the estate. There is no requirement that they hold any specific qualification such as a legal or accounting qualification, although it is expected that in practice the majority of judicial factors appointed will be legal or financial professionals. Subsection (2) makes clear that the Scottish courts have jurisdiction in relation to the judicial factory even if the person who is appointed as judicial factor is domiciled outside of Scotland.
Judicial Factors (Scotland) Act 2025
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- Acts of the Scottish Parliament
- 2025 asp 3
- Explanatory Notes
- Commentary on Sections
- Part 1
- Qualification for appointment as judicial factor
- 15 Section 5(1) sets out the requirements which a person must fulfil in order for that person to be appointed as a judicial factor. A person must be an individual of full legal capacity, meaning over the age 16 and not subject to any legal incapacity which would prevent them carrying out any actions. The individual must, in the opinion of the court making the appointment, be suitable to act as judicial factor on the estate. There is no requirement that they hold any specific qualification such as a legal or accounting qualification, although it is expected that in practice the majority of judicial factors appointed will be legal or financial professionals. Subsection (2) makes clear that the Scottish courts have jurisdiction in relation to the judicial factory even if the person who is appointed as judicial factor is domiciled outside of Scotland.
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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
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