Judicial Factors (Scotland) Act 1889 in England

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 It shall be lawful for Her Majesty to appoint a person versant in law and accounts, to be called the accountant of court (hereinafter referred to as the accountant), with such yearly salary, as may from time to time be fixed by the Treasury, payable out of any moneys to be voted by Parliament for that purpose, and the accountant shall, subject to the approval of the Secretary for Scotland, appoint such number of clerks as may from time to time be necessary, and with such salaries as may be fixed by the Treasury, which salaries shall be paid out of any moneys to be voted by Parliament for that purpose.

F2The principal civil service pension scheme within the meaning of section 2 of the M1Superannuation Act 1972 and for the time being in force shall apply in relation to the accountant and the said clerks as it applies in relation to persons to whom section 1 of that Act applies. . . . F3

F1. . .F2Without prejudice to section 6(1) of the Adults with Incapacity (Scotland) Act 2000 (asp 4) (Accountant of Court to be Public Guardian)the accountant to be appointed under this Act, and his successors in office, shall hold no other office, and shall not directly or indirectly, by himself or any partner, be engaged in or transact any business for profit other than the business devolving upon him as accountant of court.

The provisions of the M1Judicial Factors Act, 1849 . . . F1relating to the accountant of the Court of Session . . . shall, so far as not altered by this Act, apply to the accountant to be appointed in terms of this Act and his successors in office.

In addition to the factors specified in the M1recited Judicial Factors Act, 1849, the accountant shall superintend the conduct of all other factors and persons already appointed or to be appointed by the Court of Session or any of the lords ordinary in the said court, or by any of the sheriffs or sheriff substitutes in the several sheriff courts in Scotland, to hold administer, or protect any property or funds belonging to persons or estates in Scotland; and all such factors and others subject to such rules as may from time to time be made by Acts of sederunt as herein-after provided, shall be and hereby are made subject to the provisions affecting judicial factors of the said recited Judicial Factors Act, 1849, and of any Acts amending the same, or in terms of the M2Judicial Factors (Scotland) Act, 1880, and of any Acts of sederunt made in terms of said Acts, and the accountant shall see that they duly observe all rules and regulations affecting them for the time: Provided that nothing in this section contained shall be held to apply to F1guardians appointed under the Adults with Incapacity (Scotland) Act 2000 (asp 4), to executors dative or to trustees appointed by the Court under the Trusts (Scotland) Acts, F2the M3Entail (Scotland) Act, 1882, or in virtue of any other power; but nothing in this section contained shall prevent trustees appointed by the court from availing themselves of the powers contained in section eighteen of this Act.

Any person who in virtue of his office is subject to the provisions of this Act, and who fails to comply therewith, or who misconducts himself or fails in the discharge of his duties, shall be liable to the penalties imposed by section six of the Judicial Factors Act, 1849, or to any one or more of them as the court in its discretion shall decide.

In the event of its being found that any factor or other person referred to in section six hereof has died undischarged or has ceased to discharge the duties of his office without anyone having been appointed in succession to him, unless the purposes of his appointment have, in the opinion of the accountant, been exhausted, it shall be the duty of the accountant, unless the persons interested in such factory or any of them shall make the application on his requisition, to apply to the court for the appointment of a factor in place of such factor or other person, and it shall be the duty of the factor so appointed to investigate the accounts of the former factor or other person aforesaid and to receive any balance due from his representatives or his cautioner or cautioners.

In all cases coming for the first time under the supervision of the accountant he shall be required to audit the accounts from their commencement, and if for this purpose it shall appear to him to be necessary, he shall have power to remit such cases or any of them to such duly qualified persons as he may with the approval of the Lord Advocate select to audit, but all such audits shall be supervised by him, and he shall be responsible for the correctness thereof, and such persons shall be paid such remuneration for their services in such audit as the Lord Advocate with the approval of the Treasury shall determine, out of moneys to be provided by Parliament.

An official F1certified copy interlocutor of the appointment of any judicial factor, trustee, F2. . ., or other person judicially appointed and subject to the provisions of the recited Acts or of this Act, shall have throughout the British Dominions, as well out of Scotland as in Scotland, the full force and effect of an assignment or transfer, executed in legal and appropriate form, of all funds, property, and effects situated or invested in any part of the British dominions, and belonging to or forming part of the estate under his charge; and all debtors and others holding any such funds, property, or effects, shall be bound, on production of such official certified copy interlocutor to pay over, assign or transfer the same to such judicial factor, trustee, . . ., or other person.

All applications under this Act or any of the recited Acts shall, except as after mentioned and nothwithstanding any provision in any of the recited Acts to the contrary, be dealt within the manner directed by sections four, five, six, and ten of the M1Court of Session Act, 1857: . . . F1

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Section twenty-three of the Judicial Factors Act, 1849, shall be held to apply to all factories brought under the supervision of the accountant by virtue of this Act.

It shall be competent to the Court of Session, and they are hereby authorised and required from time to time to pass such Acts of sederunt as shall be necessary or proper relating to all matters requisite for effectually carrying out the purposes of this Act.

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This Act may be cited as the Judicial Factors (Scotland) Act, 1889 . . . F1