The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 693 contributions
Delegated Powers and Law Reform Committee
Meeting date: 30 April 2024
Tim Eagle
That makes sense. For absolute clarity on your previous points, is it your preference that, when a judicial factor is in place and the missing person returns, there should be as close to an immediate ceasing of that factory as possible? That would need to be stated in the bill.
Delegated Powers and Law Reform Committee
Meeting date: 30 April 2024
Tim Eagle
Thank you very much for that.
Delegated Powers and Law Reform Committee
Meeting date: 30 April 2024
Tim Eagle
Okay, that makes sense. You are saying that, outwith the bill, those complaints procedures are already in place, and that you have to abide by those rules. Therefore, in your view, it does not need to be explicit in the bill because you have to abide by the rules anyway.
Delegated Powers and Law Reform Committee
Meeting date: 30 April 2024
Tim Eagle
Okay, perfect. Thank you.
Delegated Powers and Law Reform Committee
Meeting date: 30 April 2024
Tim Eagle
That is fine. Thank you.
Delegated Powers and Law Reform Committee
Meeting date: 30 April 2024
Tim Eagle
That is great—thank you.
Delegated Powers and Law Reform Committee
Meeting date: 30 April 2024
Tim Eagle
That makes sense. There could be a specific reference in the bill, but it could be backed up by guidance later.
Part 4 deals with ending the judicial factor arrangement and distributing the estate. You made comments on the link between that part and the Presumption of Death (Scotland) Act 1977. For the record, will you say a bit more about your concerns and whether you want to see something specific in the bill or in guidance?
Delegated Powers and Law Reform Committee
Meeting date: 30 April 2024
Tim Eagle
It is my understanding that it was about creating that publicly available register, as opposed to the first option.
Once you have set up the register, the running costs presumably would not be huge, because you are doing that anyway. Do you have a reason for suggesting that it would cost hundreds of thousands? If you are already creating a very similar thing for another purpose, presumably you just replicate it but give it a different name, or is it really more complicated than that?
Delegated Powers and Law Reform Committee
Meeting date: 23 April 2024
Tim Eagle
I have a quick question about qualification requirements. As the bill stands, a judicial factor basically just has to be a suitable person, as the court decides. There were a couple of comments, including from Propertymark, to say that individuals should have a specific qualification when dealing with properties. Is it fair enough for a judicial factor simply to be a suitable person? Given some of the information that we heard this morning about the broadness of a judicial factor’s work, that is probably useful, but I would appreciate your comments on whether the law should be more explicit.
Delegated Powers and Law Reform Committee
Meeting date: 23 April 2024
Tim Eagle
In terms of your work, where you have had an investigatory role as well as the judicial factor role, have you come across cases in which there are complaints? Does that happen often? Do you get to the point at which things break down to such an extent that complaints come in, or is that such a rarity that it is not really a concern?