Judicial Factors (Scotland) Act 2025

Misconduct or failure of judicial factor

41 Misconduct or failure of judicial factor

(1) Subsection (2) applies where the Accountant has reason to believe that a judicial factor—

(a) has engaged, or is engaging, in misconduct,

(b) has failed, or is failing, to discharge a duty, or

(c) has failed, or is failing, to comply with an instruction given under section 40(2).

(2) The Accountant must—

(a) make such inquiries into the matter as the Accountant considers appropriate,

(b) give the judicial factor an opportunity to make representations in relation to the matter.

(3) Subsection (4) applies where, having made inquiries under subsection (2), the Accountant is satisfied that there is, or has been, serious misconduct or material failure on the part of the judicial factor.

(4) The Accountant must report the misconduct or failure—

(a) to the court which appointed the judicial factor, and

(b) if the judicial factor is a member of a professional body—

(i) to that body, or

(ii) where another person deals with complaints made in relation to members of that professional body (whether by virtue of enactment or administrative arrangements to that effect), to that person.

(5) A court which receives a report under subsection (4)(a)—

(a) must give the judicial factor an opportunity to make representations before it disposes of the matter,

(b) may dispose of the matter in whatever manner it considers appropriate.

(6) A disposal by the court under subsection (5)(b)—

(a) is final and is conclusive against both the Accountant and the judicial factor,

(b) does not affect any right which any other person may have in respect of loss consequent upon the judicial factor’s—

(i) misconduct,

(ii) failure to discharge a duty, or

(iii) failure to comply with an instruction under section 40(2).