Judicial Factors (Scotland) Act 1889

6 All judicial factors to be under supervision of accountant. U.K.

In addition to the factors specified in the M1 recited Judicial Factors Act, 1849, the accountant shall superintend the conduct of all other factors and persons already appointed or to be appointed by the Court of Session or any of the lords ordinary in the said court, or by any of the sheriffs or sheriff substitutes in the several sheriff courts in Scotland, to hold administer, or protect any property or funds belonging to persons or estates in Scotland; and all such factors and others subject to such rules as may from time to time be made by Acts of sederunt as herein-after provided, shall be and hereby are made subject to the provisions affecting judicial factors of the said recited Judicial Factors Act, 1849, and of any Acts amending the same, or in terms of the M2 Judicial Factors (Scotland) Act, 1880, and of any Acts of sederunt made in terms of said Acts, and the accountant shall see that they duly observe all rules and regulations affecting them for the time: Provided that nothing in this section contained shall be held to apply to [F1 guardians appointed under the Adults with Incapacity (Scotland) Act 2000 (asp 4), to] executors dative or to trustees appointed by the Court under the Trusts (Scotland) Acts, [F2 the M3 Entail (Scotland) Act, 1882,] or in virtue of any other power; but nothing in this section contained shall prevent trustees appointed by the court from availing themselves of the powers contained in section eighteen of this Act.

Textual Amendments

F1 Words in s. 6 inserted (S.) (2.4.2001) by 2000 asp 4, s. 88(2), Sch. 5 para. 6(2); S.S.I. 2001/81, art. 2, Sch. 1

F2 Words in s. 6 repealed (S.) (28.11.2004) by 2000 asp 5, ss. 71, 76(2), 77, Sch. 13 Pt. 1 (with ss. 58, 62, 75); S.S.I 2003/456, {art. 2}

Modifications etc. (not altering text)

C1 S. 6 excluded (S.) (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), ss. 137, 458, Sch. 3 {para. 8(2)}; S.S.I 2003/210, {art. 2(1)}{subject to art. 2(2) and the transitional provisions and savings in arts. 3-7}

C2 S. 6 excluded (S.) by Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), ss. 13(8), 47(4)(a)

S. 6 excluded (S.) (31.3.1996) by 1995 c. 20, ss. 44(1), 100, Sch. 3 para. 1(9);S.I. 1996/517, art. (2) (which amending Act was repealed 1.4.1996 by 1995 c. 40, ss. 4, 6(2), Sch. 3 Pt. II para. 16(3), Sch. 6)

S. 6 excluded (S.) (1.4.1996) by 1995 c. 43, ss. 34, 44, Sch. 1 para. 1(9), Sch. 2 para. 2(2)

C3 S. 6 excluded (S.) (31.12.2005) by The Criminal Justice (International Co operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Scotland) Order 2005 (S.S.I 2005/581), arts. 1(1), 26, {Sch. 1 para. 8(2)}

Marginal Citations

M1 1849 c. 51.

M2 1880 c. 4

M3 1882 c. 53