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Judicial Factors (Scotland) Bill

The Bill aims to consolidate and update the law in relation to judicial factors.

This is a Government bill

The Bill was introduced on 5 December 2023 and is at Stage 3

Introduced: the Bill and its documents

Overview

A judicial factor is a person appointed by the court to manage property. A judicial factor can be appointed in cases where property is not being managed properly.

The Bill clarifies the role of the judicial factor. This includes:

  • How a judicial factor is appointed
  • Circumstances where an interim judicial factor may be appointed
  • How a judicial factor should be paid for the work that they do
  • What activities a judicial factor can do
  • What powers the judicial factor has to do those activities
  • When and how the appointment of the judicial factor should end

The Bill also makes clear the role of the Accountant of Court in overseeing the work of the judicial factor.

This includes:

  • The appointment of the Accountant of Court
  • The appointment of a Depute Accountant of Court
  • How the Accountant of Count should be paid for the work that they do
  • What tasks the Accountant of Court is responsible for in relation to supervising the judicial factor
  • How the Accountant of Court will check the accounts that the judicial factor has completed
  • Publishing an annual review of the Accountant of Court's activities in relation to judicial factors

The Scottish Courts and Tribunals Service employ the Accountant of Court.

Why the Bill was created

The Bill aims to modernise the law, making the role of the judicial factor clearer.

Judicial factors have been in use since at least the 17th century in Scotland. The main existing legislation on judicial factors is from 1849 to 1889. There have been no new laws specifically in this area since then.

This led to some doubt on how the law should operate and what powers judicial factors have.

Bill as Introduced

Judicial Factors (Scotland) Bill as introduced (2MB, pdf) posted 05 December 2023

Accompanying Documents

Explanatory Notes (267KB, pdf) posted 05 December 2023

Policy Memorandum (296KB, pdf) posted 05 December 2023

Financial Memorandum (236KB, pdf) posted 05 December 2023

Delegated Powers Memorandum (134KB, pdf) posted 05 December 2023

Statements on legislative competence (101KB, pdf) posted 05 December 2023

Accompanying Documents (print versions)

Explanatory Notes (337KB, pdf) posted 05 December 2023

Policy Memorandum (368KB, pdf) posted 05 December 2023

Financial Memorandum (323KB, pdf) posted 05 December 2023

Delegated Powers Memorandum (184KB, pdf) posted 05 December 2023

Statements on legislative competence (160KB, pdf) posted 05 December 2023

Financial Resolution

The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is not required for this Bill.

Research on the Bill

The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.

Research briefing on the Judicial Factors (Scotland) Bill

The Bill was introduced on 5 December 2023

Stage 1: general principles

At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.

Timetable for Stage 1

On 6 March 2024, Parliament agreed motion S6M-12398, that consideration of the Judicial Factors (Scotland) Bill at Stage 1 be completed by 27 September 2024.

Lead committee examines the Bill

The lead committee for this Bill is the Delegated Powers and Law Reform Committee.

Call for views (closed)

The Delegated Powers and Law Reform Committee held a call for views to help inform its examination of the Bill.

Read the call for views

The Scottish Parliament Information Centre (SPICe) has produced an analysis of responses to the call for views.

Read the analysis (708KB, pdf) posted 15 April 2024

Meetings

Correspondence: lead committee

Scottish Government response to the Stage 1 report on the Judicial Factors (Scotland) Bill

Letter from the Minister for Victims and Community Safety to the Convener, 5 September 2024

Judicial Factors (Scotland) Bill Stage 1 Report Response

Letter from the Scottish Courts and Tribunal Service, 18 July 2024

Judicial Factors (Scotland) Bill response from the Lord President of the Court of Session

Letter from the Lord President of the Court of Session to the Convener, 28 May 2024

Judicial Factors (Scotland) Bill letter to the Lord President of the Court of Session

Letter from the Convener to the Lord President of the Court of Session, 15 May 2024

Judicial Factors (Scotland) Bill response from the Scottish Courts and Tribunals Service

Letter from the Executive Director, Tribunals and Office of the Public Guardian Scottish Courts and Tribunals Service to the Convener, 8 May 2024

See a full list of Stage 1 correspondence for this committee

Committee report

The lead committee published a report on 7 February 2024.

Delegated Powers in the Judicial Factors (Scotland) Bill at Stage 1

Stage 1 report by the lead committee

The lead committee published its Stage 1 report on 14 June 2024.

Judicial Factors (Scotland) Bill Stage 1 Report

The committee received the following response on 18 July 2024.

Letter from the Scottish Courts and Tribunals Service (406KB, pdf) posted 19 July 2024

The committee received the following response on 5 September 2024.

Letter from the Minister for Victims and Community Safety (169KB, pdf) posted 09 September 2024

Work by other committees

Finance and Public Administration Committee

Finance and Public Administration Committee Correspondence

Judicial Factors (Scotland) Bill - Letter of 29 February 2024

Letter from the Scottish Government to the Finance and Public Administration Committee of 29 February 2024


Stage 1 Debate and decision

A Stage 1 debate took place on 19 September 2024 to consider and decide on the general principles of the Bill.

  • Motion title: Judicial Factors (Scotland) Bill
  • Text of motion: That the Parliament agrees to the general principles of the Judicial Factors (Scotland) Bill.
  • Submitted by: Siobhian Brown
  • Date lodged: Monday, 16 September 2024
  • Motion reference: S6M-14485
  • Current status: Taken in the Chamber on Thursday, 19 September 2024

See further details of the motion


Parliament agreed the general principles of the Bill

The Bill ended Stage 1 on 19 September 2024

Stage 2: changes to the Bill

At Stage 2, MSPs can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them. 

Timetable for Stage 2

Stage 2 Deadline

On 30 October 2024, Parliament agreed motion S6M-15075, that consideration of the Judicial Factors (Scotland) Bill at Stage 2 be completed by 29 November 2024.

Meeting on amendments

Documents with the amendments considered and debated at the meeting on 19 November 2024.

Marshalled List of Amendments for Stage 2 (373KB, pdf) posted 14 November 2024

Groupings of Amendments for Stage 2 (415KB, pdf) posted 14 November 2024

Stage 2 Correspondence

Judicial Factors (Scotland) Bill at Stage 2

Letter from the Minister for Victims and Community Safety to the Convener, 13 November 2024

Bill as amended at Stage 2

Revised Documents

Revised Explanatory Notes (246KB, pdf) posted 02 December 2024

Supplementary Financial Memorandum (141KB, pdf) posted 26 November 2024

Supplementary Delegated Powers Memorandum (149KB, pdf) posted 22 November 2024

Revised Documents (print versions)

Revised Explanatory Notes (352KB, pdf) posted 28 November 2024

Supplementary Financial Memorandum (177KB, pdf) posted 26 November 2024

Supplementary Delegated Powers Memorandum (217KB, pdf) posted 22 November 2024

The Bill ended Stage 2 on 19 November 2024

Stage 3: final changes and vote

At Stage 3, MSPs can propose further amendments (changes) to the Bill. These are debated and decided on in the Debating Chamber. At this stage, all MSPs can vote on them.  There is then a debate on whether to pass the Bill. If the Bill is not passed, it ‘falls’ and can't become law. 

Debate on proposed amendments

Documents with the amendments to be considered and debated at the meeting held on 10 December 2024.

Marshalled List of Amendments for Stage 3 (182KB, pdf) posted 04 December 2024

Groupings of Amendments for Stage 3 (209KB, pdf) posted 04 December 2024

Final version of the Bill

The final version of the Bill will be published following Stage 3 proceedings.