Judicial Factors (Scotland) Act 2025

2025 asp 3 · Enacted 27 January 2025 · Extends to Scotland

Contents

1. Part 1: Appointment of judicial factor Not yet in force
2. Appointment of judicial factor Not yet in force
3. 1Appointment of judicial factor Not yet in force
4. 2Appointment of judicial factor: charities Not yet in force
5. Interim judicial factor Not yet in force
6. 3Interim judicial factor Not yet in force
7. Conditions and qualification for appointment Not yet in force
8. 4Conditions for appointment of judicial factor Not yet in force
9. 5Qualification for appointment as judicial factor Not yet in force
10. Caution Not yet in force
11. 6Finding of caution Not yet in force
12. Intimation and recording of notice of appointment Not yet in force
13. 7Intimation and recording of notice of appointment Not yet in force
14. 8Review of appropriateness of recording in the Register of Inhibitions Not yet in force
15. Vesting of estate in judicial factor Not yet in force
16. 9Vesting of estate in judicial factor Not yet in force
17. Warrant to intromit with estate Not yet in force
18. 10Warrant to intromit with estate Not yet in force
19. Remuneration and reimbursement of judicial factor Not yet in force
20. 11Remuneration and reimbursement of judicial factor Not yet in force
21. Guidance about the appointment of judicial factors on the estates of missing persons Not yet in force
22. 12Guidance about the appointment of judicial factors on the estates of missing persons Not yet in force
23. Part 2: Functions of judicial factor Not yet in force
24. Functions of judicial factor Not yet in force
25. 13Functions of judicial factor Not yet in force
26. Power of court to specify functions of judicial factor Not yet in force
27. 14Power of court to specify functions of judicial factor Not yet in force
28. Power of judicial factor to require information Not yet in force
29. 15Power of judicial factor to require information Not yet in force
30. Ingathering Not yet in force
31. 16Ingathering Not yet in force
32. Inventory and management plan Not yet in force
33. 17Inventory of estate Not yet in force
34. 18Management plan Not yet in force
35. Submission of accounts, etc. Not yet in force
36. 19Submission of accounts, etc. Not yet in force
37. Investment Not yet in force
38. 20Investment Not yet in force
39. Claims Not yet in force
40. 21Enforcing or defending claims Not yet in force
41. Duty where estate object of dispute Not yet in force
42. 22Duty where estate object of dispute Not yet in force
43. Part 3: Dealings etc. with third parties and validity of certain transactions Not yet in force
44. 23Protection of person acquiring title Not yet in force
45. 24Entitlements and liabilities of judicial factor Not yet in force
46. 25Contracts entered into by judicial factor Not yet in force
47. 26Expenses of legal proceedings on behalf of factory estate Not yet in force
48. 27Claims arising from acts or omissions of judicial factor Not yet in force
49. 28Prescription of obligations Not yet in force
50. 29Validity of certain transactions by judicial factor appointed on trust estate Not yet in force
51. Part 4: Distribution of factory estate, termination, recall and discharge of judicial factor Not yet in force
52. Distribution of factory estate Not yet in force
53. 30Approval of judicial factor’s scheme for distribution of factory estate Not yet in force
54. 31Application for distribution of factory estate Not yet in force
55. Termination, recall and discharge after distribution Not yet in force
56. 32Termination, recall and discharge after distribution of factory estate Not yet in force
57. Appointment of replacement judicial factor Not yet in force
58. 33Duty of Accountant to apply for appointment of replacement where judicial factor has died or ceased to perform duties Not yet in force
59. Other applications for recall and discharge Not yet in force
60. 34Resignation and applications for recall and discharge in other circumstances Not yet in force
61. Inventory and balance sheet Not yet in force
62. 35Inventory and balance sheet where replacement judicial factor appointed Not yet in force
63. Termination of judicial factory where insufficient funds Not yet in force
64. 36Termination of judicial factory where insufficient funds Not yet in force
65. Ending of judicial factor’s accountability on discharge Not yet in force
66. 37Ending of judicial factor’s accountability on discharge Not yet in force
67. Part 5: Accountant of court Not yet in force
68. Accountant of Court and Depute Accountant Not yet in force
69. 38Accountant of Court: appointment, remuneration and fees Not yet in force
70. 39Depute Accountant Not yet in force
71. General function of Accountant of Court Not yet in force
72. 40General function of Accountant of Court Not yet in force
73. Misconduct or failure of judicial factor Not yet in force
74. 41Misconduct or failure of judicial factor Not yet in force
75. Power of Accountant to require information Not yet in force
76. 42Power of Accountant to require information Not yet in force
77. Audit by Accountant Not yet in force
78. 43Audit by Accountant Not yet in force
79. 44Audit by Accountant: objection and appeal Not yet in force
80. Annual review Not yet in force
81. 45Annual review Not yet in force
82. Inspection of records held by Accountant Not yet in force
83. 46Inspection of records held by Accountant Not yet in force
84. Inconsistency in judgement or practice Not yet in force
85. 47Inconsistency in judgement or practice Not yet in force
86. Right of judicial factor to require determination as regards decision of Accountant Not yet in force
87. 48Right of judicial factor to require determination as regards decision of Accountant Not yet in force
88. Part 6: Miscellaneous and general
89. Miscellaneous Not yet in force
90. 49Competence of appointing curator bonis Not yet in force
91. 50Application of this Act Not yet in force
92. General
93. 51Ancillary provision
94. 52Modification of enactments and repeals and revocations Not yet in force
95. 53Interpretation Not yet in force
96. 54Commencement
97. 55Short title
98. Schedule 1: Standard powers Not yet in force
99. 1Paragraph 1 Not yet in force
100. 2Paragraph 2 Not yet in force
101. 3Paragraph 3 Not yet in force
102. 4Paragraph 4 Not yet in force
103. 5Paragraph 5 Not yet in force
104. 6Paragraph 6 Not yet in force
105. 7Paragraph 7 Not yet in force
106. 8Paragraph 8 Not yet in force
107. 9Paragraph 9 Not yet in force
108. 10Paragraph 10 Not yet in force
109. 11Paragraph 11 Not yet in force
110. 12Paragraph 12 Not yet in force
111. 13Paragraph 13 Not yet in force
112. 14Paragraph 14 Not yet in force
113. 15Paragraph 15 Not yet in force
114. 16Paragraph 16 Not yet in force
115. 17Paragraph 17 Not yet in force
116. 18Paragraph 18 Not yet in force
117. 19Paragraph 19 Not yet in force
118. 20Paragraph 20 Not yet in force
119. 21Paragraph 21 Not yet in force
120. 22Paragraph 22 Not yet in force
121. 23Paragraph 23 Not yet in force
122. 24Paragraph 24 Not yet in force
123. 25Paragraph 25 Not yet in force
124. 26Paragraph 26 Not yet in force
125. 27Paragraph 27 Not yet in force
126. 28Paragraph 28 Not yet in force
127. Schedule 2: Modification of enactments Not yet in force
128. 1Trusts (Scotland) Act 1921 Not yet in force
129. 2Conveyancing (Scotland) Act 1924 Not yet in force
130. 3Companies Act 1989 Not yet in force
131. 4Pension Schemes Act 1993 Not yet in force
132. 5Employment Rights Act 1996 Not yet in force
133. 6Pensions Act 2004 Not yet in force
134. 7Bankruptcy and Diligence etc. (Scotland) Act 2007 Not yet in force
135. 8Third Parties (Rights against Insurers) Act 2010 Not yet in force
136. 9Courts Reform (Scotland) Act 2014 Not yet in force
137. 10Bankruptcy (Scotland) Act 2016 Not yet in force
138. Schedule 3: Repeals and revocations Not yet in force
139. 1Repeals Not yet in force
140. 2Revocations Not yet in force