Consultation on Judicial Factors
Results updated 14 Aug 2020
The Scottish Government undertook a consultation to seek views on a proposed draft Bill on Judicial Factors which was contained in the Report on Judicial Factors published by the Scottish Law Commission (SLC) and some of the recommendations made in the report.
The Scottish Government agreed with many of the recommendations contained within the report.
A judicial factor is an officer appointed by the court, supervised by the Accountant of Court, for the purpose of holding, managing, administering and protecting the property of another where the need arises.
Overall, the majority of respondents supported the draft Bill confirming that there is a necessity for the existing legislation to be updated and modernised.
The analysis report captures and summarises the consultation respondents views on each of the questions set out in the consultation paper. As well as the SLC recommendations the consultation asked questions on the current procedure for the appointment of judicial factors in the case of missing persons and procedural issues in safeguarding of children's property under the Children (Scotland) Act 1995.
Due to the specialist nature of the consultation we received a low number of responses. However, responses received were from key bodies and organisations who have direct experience of the current regime and who have been able to provide insightful responses based on their own practical experience.
The report also discussed the next steps.
Links:
Published responses
View submitted responses where consent has been given to publish the response.
Overview
The Report on Judicial Factors (Scot Law Com, No. 233, 2013) including a draft Bill was published by the Scottish Law Commission (“the Commission”)
The main aim of the Bill is to update, simplify and clarify the law relating to judicial factors so that it is fit for purpose and will be of benefit to all those involved, in any capacity, in judicial factories.
In addition, it also seeks views on two issues that were not raised as a part of the Commissions project. The first is the importance of ensuring that appropriate measures are in place so that the estates of missing people can be properly managed. And the second point relates to the Children (Scotland) Act 1995 and proposals to improve and assist the Accountant of Court in administration in safeguarding children’s property.
Why your views matter
Consultation is an essential part of the policy making process. It gives us the opportunity to consider your opinion and expertise on a proposed area of work.
We want to ensure that any new legislation on Judicial Factors is fit for purpose and will be of benefit to all those involved, in any capacity, in judicial factories. It is therefore important to hear from anyone involved in any capacity of the process.
This consultation provides an opportunity to further explore aspects of the Commission’s recommendations and to seek views on issues that have not been covered in the Commission’s report.
Interests
- Business, Industry and Innovation
- Children and Families
- Law and Order
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