Judicial factors reform comes before Holyrood
A bill to modernise the outdated Scots law relating to judicial factors has been introduced to the Scottish Parliament.
Part of the Scottish Government's Programme for Government 2023-24, the Judicial Factors (Scotland) Bill takes forward without amendment the majority of the recommendations for reform in the 2013 report by the Scottish Law Commission, which were supported in a 2019 Government consultation.
It 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. Its five substantive parts deal respectively with appointment; functions; dealings with third parties; dealings with the factory estate, and termination of office; and the role of the Accountant of Court.
Judicial factors are appointed by the court to take charge of property belonging to someone else, for example a solicitors' firm or a charity that has run into difficulties, or the estate of a missing person.
Victims and Community Safety Minister Siobhian Brown commented: "The existing legislation on judicial factors dates back to the 19th century and is now regarded by those who use it as outdated, with a cumbersome procedure which is no longer fit for purpose.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."