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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 26 July 2025
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Displaying 2221 contributions

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Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Stuart McMillan

In response to the committee’s call for views, the Faculty of Procurators of Caithness said:

“There should be a specific provision for an interested party to raise concerns about the Judicial Factors administration of the estate.”

It proposed that

“in the first instance this should be with the Accountant of Court”

and that if the interested person or organisation were unsatisfied with the outcome, there would then be a role for the court. When the Scottish Law Commission appeared before the committee last week, it was decidedly unsure about the policy merits of that idea. What do witnesses think of that proposal? Can you identify any benefits of or drawbacks to that suggestion?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Stuart McMillan

Before we move on, is it common for judicial factories to be cross-border, both within the UK and further afield? Have you come across that?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 16 April 2024

Stuart McMillan

We also received evidence from the Faculty of Procurators of Caithness. In its submission, it states:

“We are firmly of the view that whatever other provisions may be made, the Judicial Factor should be wholly independent of the Law Society of Scotland, and there should be explicit prohibition of any current officer or employee of the Law Society of Scotland being appointed as the Judicial Factor”.

Do you agree with that suggestion?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 16 April 2024

Stuart McMillan

We move on to section 4 of the bill, under which the main qualification that is required for appointment as a judicial factor is that the court considers a person “suitable” for that role. In response to the committee’s call for views, some respondents, such as Missing People, supported that approach. Others wanted the bill to be more prescriptive. Propertymark, for example, wanted professional qualifications to be specified. Did the commission consider an approach that would involve specifying in statute that professional qualifications would be required for some circumstances in which judicial factors were appointed, but not others?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 16 April 2024

Stuart McMillan

I have one final question in this area. I assume that you are aware of the situation that arose with McClure Solicitors.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 16 April 2024

Stuart McMillan

Before we move on, and I hesitate to ask this question, but, particularly in respect of that area, would a section 104 order be made use of?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 16 April 2024

Stuart McMillan

I have a final question on that, out of interest. That one example, at 25 years, is a long period of time. I do not think that anyone would have anticipated that length of time. Do you have any figures to hand on the average length of time that a judicial factory would be in place?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 16 April 2024

Stuart McMillan

That would be very helpful, and we could consider that further. Thank you.

Delegated Powers and Law Reform Committee

Interests

Meeting date: 16 April 2024

Stuart McMillan

Good morning, and welcome to the 12th meeting in 2024 of the Delegated Powers and Law Reform Committee. We have received apologies from Tim Eagle MSP. In his place, I welcome Alexander Stewart MSP.

I remind everyone to switch off or silence their mobile phones and other electronic devices, please.

The first item of business is a declaration of interests. In accordance with section 3 of the “Code of Conduct for Members of the Scottish Parliament”, I invite Alexander Stewart to declare any interests that are relevant to the committee’s remit.

Delegated Powers and Law Reform Committee

Decision on Taking Business in Private

Meeting date: 16 April 2024

Stuart McMillan

The next item of business is to decide whether to take items 7 and 8 in private. Is the committee content to take those items in private?

Members indicated agreement.