Recent Reports
Aithisgean ùra
Committee Reports
Aithisgean Chomataidh
Research Briefings
Brathan-ullachaidh Rannsachadh
Feedback
Ais-eòlas
Recent Reports
Aithisgean ùra
Committee Reports
Aithisgean Chomataidh
Research Briefings
Brathan-ullachaidh Rannsachadh
Feedback
Ais-eòlas
Published by The Scottish Parliamentary Corporate Body
Stage 1 Report on the Judicial Factors (Scotland) Bill
SHARE
PDF
Published: Friday 14 Jun 2024 (DPLRS062024R43)
Expand
Report
Hide
Hide
Report
Membership changes
Introduction
Overview, key terminology and background to the Bill
General issues arising in the Bill
Applicability to missing people
Applicability to charities
Complaints process
Section 104 order (covering power to gather information for both judicial factors (section 12) and the Accountant of Court (section 39))
Data protection issues
Part 1 of the Bill – appointment as a judicial factor
Section 4 of the Bill: discretion of the court in appointing judicial factors (and whether any qualifications should be considered necessary)
General views on discretion of the court
The Law Society’s in-house judicial factor
Section 5 of the Bill: Caution
Register for the appointment of judicial factors
Part 2 of the Bill – functions of a judicial factor
Section 17 of the Bill: Power to invest
Fiduciary nature of the judicial factor
Power to seek directions from the court
Part 3 of the Bill – judicial factors’ legal relationships with third parties
Liability for legal costs
Part 4 of the Bill – end of the judicial factoring arrangement and a judicial factor's role in the estate
Sections 34 and 38
Part 5 of the Bill – role of the Accountant of Court
Qualifications
Complaints referred by the Accountant of Court to professional bodies (SLCC’s role)
Drafting points raised by stakeholders
Delegated Powers Memorandum
Financial Memorandum
Conclusions on the general principles of the Bill
Annexe A: Extracts from minutes
Annexe B: Evidence
Membership changes
Introduction
Overview, key terminology and background to the Bill
General issues arising in the Bill
Part 1 of the Bill – appointment as a judicial factor
Part 2 of the Bill – functions of a judicial factor
Part 3 of the Bill – judicial factors’ legal relationships with third parties
Part 4 of the Bill – end of the judicial factoring arrangement and a judicial factor's role in the estate
Part 5 of the Bill – role of the Accountant of Court
Drafting points raised by stakeholders
Delegated Powers Memorandum
Financial Memorandum
Conclusions on the general principles of the Bill
Annexe A: Extracts from minutes
Annexe B: Evidence
prev
next
Last Updated: 23/11 1:47pm
An error occured while loading, please try again in a few minutes.
Refresh
BACK TO TOP