Judicial Factors (Scotland) Act 2025 (asp 3)

Part 6 Miscellaneous and general

Miscellaneous

49 Competence of appointing curator bonis

In any proceedings begun after the coming into force of this section it is not competent to appoint a curator bonis to any person.

50 Application of this Act

The provisions of this Act apply (as they apply in relation to a judicial factor (or interim judicial factor) appointed under this Act) in relation to a judicial factor (or interim judicial factor) appointed under—

(a) the power of the Court of Session to appoint a judicial factor (or interim judicial factor) by virtue of the nobile officium, or

(b) any power of the Court of Session or of the sheriff to appoint a judicial factor under or by virtue of any other enactment.

General

51 Ancillary provision

(1) The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory, or saving provision they consider appropriate for the purposes of, in connection with or for giving full effect to this Act.

(2) Regulations under this section may—

(a) make different provision for different purposes,

(b) modify any enactment (including this Act).

(3) Regulations under this section—

(a) are subject to the affirmative procedure if they add to, replace or omit any part of the text of an Act, and

(b) are otherwise subject to the negative procedure.

52 Modification of enactments and repeals and revocations

(1) Schedule 2 makes provision for the modification of enactments.

(2) Schedule 3 contains repeals and revocations.

53 Interpretation

In this Act—

• “the Accountant” means the Accountant of Court,

• “appointing interlocutor” has the meaning given in section 7(1),

• “appointment date” has the meaning given in section 9(1),

• “the court” is to be construed in accordance with section 1(8),

• “estate” includes heritable and moveable property,

• “factory estate” means the estate on which a judicial factor is appointed,

• “interest in the estate” means an interest in the factory estate after payment of any debts,

• “judicial factor” means a person appointed as such by a court, whether under an enactment or a rule of law, to hold, manage, administer and protect an estate,

• “Keeper” has the meaning given in section 7(1)(b), and

• “OSCR” has the meaning given in section 2(1)(a).

54 Commencement

(1) This section and sections 51 and 55 come into force on the day after Royal Assent.

(2) The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint.

(3) Regulations under this section may—

(a) include transitional, transitory, or saving provision,

(b) make different provision for different purposes.

55 Short title

The short title of this Act is the Judicial Factors (Scotland) Act 2025.