Legislation to reform ‘outdated’ law.
A Bill to reform and modernise the law relating to judicial
factors has been published.
Judicial factors are appointed by courts to look after property
belonging to someone else. For example, judicial
factors can be appointed over a solicitors firm where there has
been a breach of the Law Society of Scotland Accounting Rules or
where a sole practitioner dies. They may also be appointed to
wind up the estate of a deceased person, or to oversee charity
property or the estate of a missing person.
The Judicial Factors (Scotland) Bill introduces a statutory
framework which sets out the essential features of the office of
judicial factor, and the broad parameters within which it should
operate.
Victims and Community Safety Minister said:
“The existing legislation on judicial factors dates back to the
19th century and is now regarded by those who use it as
outdated, with a cumbersome procedure which is no longer fit for
purpose.
“The Scottish Law Commission examined these issues in detail and
made a number of recommendations. The provisions contained in
this Bill aim to put in place an updated and comprehensive regime
which will bring clarity, accessibility and efficiency to this
vital but outmoded area of the law.”
Background
Judicial Factors
(Scotland) Bill
In 2010, the SLC published a Discussion Paper on
Judicial Factors in which it analysed the existing law. In 2013
the SLC published its recommendations for reform of the law.
In 2019, the Scottish Government consulted on the SLC’s
recommendations and the current procedure for the
appointment of judicial factors in cases of missing persons.
Overall, the majority of respondents supported the SLC’s
recommendations, confirming that there is a need for the existing
legislation to be updated and modernised. The Bill takes forward
without amendment the majority of the SLC’s recommendations for
reform.
The introduction of the Bill is part of the Programme for Government
2023-24.
