Act of Sederunt (Rules of the Court of Session 1994) 1994

Applications under section 2(3) of the Trusts (Scotland) Act 1961

61.14.—(1) An application under section 2(3) of the Trusts (Scotland) Act 1961(1) to the Accountant of Court for his consent to the doing of an act to which that section applies shall be made by letter and shall be supported by such information as the Accountant of Court may require.

(2) Any person to whom intimation requires to be given in accordance with paragraph (3) may object to the application by lodging any objection with the Accountant of Court, and sending a copy of it to the judicial factor, within 28 days after the date on which the intimation was given.

(3) On the date on which he makes the application referred to in paragraph (1), the judicial factor shall intimate the application to–

(a) any cautioner of the judicial factor;

(b) any petitioner for the appointment of the judicial factor;

(c) the ward, unless the circumstances of the ward are such that would warrant dispensing with service on him of a petition for the appointment of a judicial factor on his estate;

(d) the persons upon whom the application for appointment of the judicial factor was served and whose whereabouts are known to the judicial factor; and

(e) all other persons who have an interest in the estate and whose identity and whereabouts are known to the judicial factor.

(4) The intimation to be given under paragraph (3) shall include–

(a) a copy of the letter of application, and

(b) a notice setting out–

(i) the right of the person receiving the notice to object to the application in the manner provided in paragraph (2); and

(ii) that, in the absence of any such objection, the Accountant of Court may consent to the application.

(5) The judicial factor shall, on giving intimation under paragraph (3), send to the Accountant of Court a certificate of intimation in Form 16.7 with a copy of the notice required under paragraph (4) attached to it; and rule 16.7(2) (attaching certificate of intimation to principal writ or lodging it in process) shall not apply.

(1)

1961 c. 57; sub-section (3) was inserted by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55), section 8.