Judicial Factors (Scotland) Act 2025

Prospective

Intimation and recording of notice of appointment S

7 Intimation and recording of notice of appointment S

(1) Where a judicial factor is appointed, the clerk of court must, as soon as reasonably practicable after the date on which the interlocutor containing the order for the appointment of the judicial factor (“the appointing interlocutor”) is pronounced—

(a) intimate the appointment to the Accountant, and

(b) subject to subsection (2), send the notice of appointment to the Keeper of the Register of Inhibitions (“the Keeper”) for recording in that register.

(2) Where the court has imposed a requirement to find caution, the clerk of court must not send the notice to the Keeper under subsection (1)(b) unless the Accountant has confirmed that the requirement has been satisfied.

(3) Notice under subsection (1)(b) must specify an address at which service of documents may be effected on the judicial factor.

(4) The judicial factor must, without delay—

(a) re-send the notice of appointment to the Keeper for re-recording in the Register of Inhibitions at the expiry of the period of 5 years after the date on which the notice of appointment was recorded, and at the expiry of each subsequent period of 5 years, until such time as the appointment has been recalled, and

(b) notify the Accountant on each occasion that such re-recording is effected.

(5) Any fee payable by virtue of subsection (1)(b) or (4)(a) is to be met from the factory estate.

Commencement Information

I1 S. 7 not in force at Royal Assent, see s. 54(2)

8 Review of appropriateness of recording in the Register of Inhibitions S

(1) The Scottish Ministers—

(a) must from time to time review the continuing appropriateness of recording of notices of appointment of judicial factors in the Register of Inhibitions, and

(b) may by regulations specify that such notices are to be recorded or registered instead in—

(i) an existing register,

(ii) a register of judicial factories.

(2) Where regulations under subsection (1) specify that notices are to be recorded or registered in an existing register, the regulations must make such provision as is necessary to allow the register to be used for the recording or registration of notices of appointment of judicial factors.

(3) Where regulations under subsection (1) specify that notices are to be recorded or registered in a register of judicial factories, the regulations—

(a) must establish a register of judicial factories,

(b) may confer the duty of maintaining the register on a person,

(c) may specify—

(i) the manner in which the register is to be kept,

(ii) the information which the register is to contain,

(d) may make provision about—

(i) the extent to which the information in the register is to be made available to the public,

(ii) the circumstances in which certain information contained in the register can be withheld from the public,

(iii) any fees payable in relation to the register,

(iv) such other matters as the Scottish Ministers consider appropriate.

(4) Regulations under subsection (1)—

(a) may make incidental, supplementary, consequential, transitional, transitory or saving provision,

(b) may modify any enactment (including this Act),

(c) are subject to the affirmative procedure.

Commencement Information

I2 S. 8 not in force at Royal Assent, see s. 54(2)