Judicial Factors (Scotland) Act 2025

7 Intimation and recording of notice of appointment

(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.