Judicial Factors (Scotland) Act 2025
Judicial Factors (Scotland) Act 2025 (2025 asp 3)
- Judicial Factors (Scotland) Act 2025 (2025 asp 3)
- Part 1 Appointment of judicial factor
- Appointment of judicial factor
- 1 Appointment of judicial factor
- 2 Appointment of judicial factor: charities
- Interim judicial factor
- 3 Interim judicial factor
- Conditions and qualification for appointment
- 4 Conditions for appointment of judicial factor
- 5 Qualification for appointment as judicial factor
- Caution
- 6 Finding of caution
- Intimation and recording of notice of appointment
- 7 Intimation and recording of notice of appointment
- 8 Review of appropriateness of recording in the Register of Inhibitions
- Vesting of estate in judicial factor
- 9 Vesting of estate in judicial factor
- Warrant to intromit with estate
- 10 Warrant to intromit with estate
- Remuneration and reimbursement of judicial factor
- 11 Remuneration and reimbursement of judicial factor
- Guidance about the appointment of judicial factors on the estates of missing persons
- 12 Guidance about the appointment of judicial factors on the estates of missing persons
- Part 2 Functions of judicial factor
- Functions of judicial factor
- 13 Functions of judicial factor
- Power of court to specify functions of judicial factor
- 14 Power of court to specify functions of judicial factor
- Power of judicial factor to require information
- 15 Power of judicial factor to require information
- Ingathering
- 16 Ingathering
- Inventory and management plan
- 17 Inventory of estate
- 18 Management plan
- Submission of accounts, etc.
- 19 Submission of accounts, etc.
- Investment
- 20 Investment
- Claims
- 21 Enforcing or defending claims
- Duty where estate object of dispute
- 22 Duty where estate object of dispute
- Part 3 Dealings etc. with third parties and validity of certain transactions
- 23 Protection of person acquiring title
- 24 Entitlements and liabilities of judicial factor
- 25 Contracts entered into by judicial factor
- 26 Expenses of legal proceedings on behalf of factory estate
- 27 Claims arising from acts or omissions of judicial factor
- 28 Prescription of obligations
- 29 Validity of certain transactions by judicial factor appointed on trust estate
- Part 4 Distribution of factory estate, termination, recall and discharge of judicial factor
- Distribution of factory estate
- 30 Approval of judicial factor’s scheme for distribution of factory estate
- 31 Application for distribution of factory estate
- Termination, recall and discharge after distribution
- 32 Termination, recall and discharge after distribution of factory estate
- Appointment of replacement judicial factor
- 33 Duty of Accountant to apply for appointment of replacement where judicial factor has died or ceased to perform duties
- Other applications for recall and discharge
- 34 Resignation and applications for recall and discharge in other circumstances
- Inventory and balance sheet
- 35 Inventory and balance sheet where replacement judicial factor appointed
- Termination of judicial factory where insufficient funds
- 36 Termination of judicial factory where insufficient funds
- Ending of judicial factor’s accountability on discharge
- 37 Ending of judicial factor’s accountability on discharge
- Part 5 Accountant of court
- Accountant of Court and Depute Accountant
- 38 Accountant of Court: appointment, remuneration and fees
- 39 Depute Accountant
- General function of Accountant of Court
- 40 General function of Accountant of Court
- Misconduct or failure of judicial factor
- 41 Misconduct or failure of judicial factor
- Power of Accountant to require information
- 42 Power of Accountant to require information
- Audit by Accountant
- 43 Audit by Accountant
- 44 Audit by Accountant: objection and appeal
- Annual review
- 45 Annual review
- Inspection of records held by Accountant
- 46 Inspection of records held by Accountant
- Inconsistency in judgement or practice
- 47 Inconsistency in judgement or practice
- Right of judicial factor to require determination as regards decision of Accountant
- 48 Right of judicial factor to require determination as regards decision of Accountant
- Part 6 Miscellaneous and general
- Miscellaneous
- 49 Competence of appointing curator bonis
- 50 Application of this Act
- General
- 51 Ancillary provision
- 52 Modification of enactments and repeals and revocations
- 53 Interpretation
- 54 Commencement
- 55 Short title
- Schedule 1 Standard powers
- Schedule 2 Modification of enactments
- Trusts (Scotland) Act 1921
- Conveyancing (Scotland) Act 1924
- Companies Act 1989
- Pension Schemes Act 1993
- Employment Rights Act 1996
- Pensions Act 2004
- Bankruptcy and Diligence etc. (Scotland) Act 2007
- Third Parties (Rights against Insurers) Act 2010
- Courts Reform (Scotland) Act 2014
- Bankruptcy (Scotland) Act 2016
- Schedule 3 Repeals and revocations
- Part 1 Repeals
- Part 2 Revocations
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