Judicial Factors (Scotland) Act 2025

1. Introductory Text

2. Part 1 Appointment of judicial factor

   1. Appointment of judicial factor

      1. 1. Appointment of judicial factor

      2. 2. Appointment of judicial factor: charities

   2. Interim judicial factor

      1. 3. Interim judicial factor

   3. Conditions and qualification for appointment

      1. 4. Conditions for appointment of judicial factor

      2. 5. Qualification for appointment as judicial factor

   4. Caution

      1. 6. Finding of caution

   5. Intimation and recording of notice of appointment

      1. 7. Intimation and recording of notice of appointment

      2. 8. Review of appropriateness of recording in the Register of Inhibitions

   6. Vesting of estate in judicial factor

      1. 9. Vesting of estate in judicial factor

   7. Warrant to intromit with estate

      1. 10. Warrant to intromit with estate

   8. Remuneration and reimbursement of judicial factor

      1. 11. Remuneration and reimbursement of judicial factor

   9. Guidance about the appointment of judicial factors on the estates of missing persons

      1. 12. Guidance about the appointment of judicial factors on the estates of missing persons

3. Part 2 Functions of judicial factor

   1. Functions of judicial factor

      1. 13. Functions of judicial factor

   2. Power of court to specify functions of judicial factor

      1. 14. Power of court to specify functions of judicial factor

   3. Power of judicial factor to require information

      1. 15. Power of judicial factor to require information

   4. Ingathering

      1. 16. Ingathering

   5. Inventory and management plan

      1. 17. Inventory of estate

      2. 18. Management plan

   6. Submission of accounts, etc.

      1. 19. Submission of accounts, etc.

   7. Investment

      1. 20. Investment

   8. Claims

      1. 21. Enforcing or defending claims

   9. Duty where estate object of dispute

      1. 22. Duty where estate object of dispute

4. Part 3 Dealings etc. with third parties and validity of certain transactions

   1. 23. Protection of person acquiring title

   2. 24. Entitlements and liabilities of judicial factor

   3. 25. Contracts entered into by judicial factor

   4. 26. Expenses of legal proceedings on behalf of factory estate

   5. 27. Claims arising from acts or omissions of judicial factor

   6. 28. Prescription of obligations

   7. 29. Validity of certain transactions by judicial factor appointed on trust estate

5. Part 4 Distribution of factory estate, termination, recall and discharge of judicial factor

   1. Distribution of factory estate

      1. 30. Approval of judicial factor’s scheme for distribution of factory estate

      2. 31. Application for distribution of factory estate

   2. Termination, recall and discharge after distribution

      1. 32. Termination, recall and discharge after distribution of factory estate

   3. Appointment of replacement judicial factor

      1. 33. Duty of Accountant to apply for appointment of replacement where judicial factor has died or ceased to perform duties

   4. Other applications for recall and discharge

      1. 34. Resignation and applications for recall and discharge in other circumstances

   5. Inventory and balance sheet

      1. 35. Inventory and balance sheet where replacement judicial factor appointed

   6. Termination of judicial factory where insufficient funds

      1. 36. Termination of judicial factory where insufficient funds

   7. Ending of judicial factor’s accountability on discharge

      1. 37. Ending of judicial factor’s accountability on discharge

6. Part 5 Accountant of court

   1. Accountant of Court and Depute Accountant

      1. 38. Accountant of Court: appointment, remuneration and fees

      2. 39. Depute Accountant

   2. General function of Accountant of Court

      1. 40. General function of Accountant of Court

   3. Misconduct or failure of judicial factor

      1. 41. Misconduct or failure of judicial factor

   4. Power of Accountant to require information

      1. 42. Power of Accountant to require information

   5. Audit by Accountant

      1. 43. Audit by Accountant

      2. 44. Audit by Accountant: objection and appeal

   6. Annual review

      1. 45. Annual review

   7. Inspection of records held by Accountant

      1. 46. Inspection of records held by Accountant

   8. Inconsistency in judgement or practice

      1. 47. Inconsistency in judgement or practice

   9. Right of judicial factor to require determination as regards decision of Accountant

      1. 48. Right of judicial factor to require determination as regards decision of Accountant

7. Part 6 Miscellaneous and general

   1. Miscellaneous

      1. 49. Competence of appointing curator bonis

      2. 50. Application of this Act

   2. General

      1. 51. Ancillary provision

      2. 52. Modification of enactments and repeals and revocations

      3. 53. Interpretation

      4. 54. Commencement

      5. 55. Short title

8. 1. Schedule 1

      Standard powers

      1. 1. To take possession of, collect and ingather the property of...

      2. 2. On behalf of the factory estate— (a) to bring or...

      3. 3. To carry out works.

      4. 4. To grant any deed necessary for carrying into effect a...

      5. 5. To carry on— (a) the business (if any) of the...

      6. 6. To enter into, or take over, a contract.

      7. 7. To pay a debt due by the estate without requiring...

      8. 8. To employ, or dismiss from employment, any person.

      9. 9. To appoint an agent to carry out business which the...

      10. 10. To remunerate any person appointed under paragraph 9.

      11. 11. To sell the factory estate, or any part of the...

      12. 12. To grant, vary, or accept the surrender of a lease...

      13. 13. To remove a tenant.

      14. 14. To take a lease or tenancy of any duration of...

      15. 15. To make any kind of investment of the factory estate,...

      16. 16. To appoint a person as the judicial factor’s nominee, to...

      17. 17. To authorise an agent to exercise any of the judicial...

      18. 18. To exchange any part of the heritable factory estate for...

      19. 19. To acquire property (whether heritable or moveable).

      20. 20. To borrow money on the security of the factory estate...

      21. 21. On behalf of the factory estate, to draw, accept, make...

      22. 22. To refer to arbitration a question affecting the factory estate....

      23. 23. To formulate and propose a scheme for division of the...

      24. 24. To apply to the court for— (a) authority to act...

      25. 25. In respect of any securities of a company which are...

      26. 26. To accept any securities of the reconstructed, purchasing or new...

      27. 27. To retain any such securities for any period which the...

      28. 28. To such extent as the judicial factor considers appropriate—

   2. Schedule 2

      Modification of enactments

      1. 1. Trusts (Scotland) Act 1921

      2. 2. Conveyancing (Scotland) Act 1924

      3. 3. Companies Act 1989

      4. 4. Pension Schemes Act 1993

      5. 5. Employment Rights Act 1996

      6. 6. Pensions Act 2004

      7. 7. Bankruptcy and Diligence etc. (Scotland) Act 2007

      8. 8. Third Parties (Rights against Insurers) Act 2010

      9. 9. Courts Reform (Scotland) Act 2014

      10. 10. Bankruptcy (Scotland) Act 2016

   3. Schedule 3

      Repeals and revocations

      1. Part 1 Repeals

      2. Part 2 Revocations