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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 4 May 2021
  6. Current session: 13 May 2021 to 23 September 2025
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Displaying 2261 contributions

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Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 23 April 2024

Stuart McMillan

That concludes the public part of the meeting.

11:57 Meeting continued in private until 12:16.  

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Stuart McMillan

Thank you. The next questions will be asked by Tim Eagle.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Stuart McMillan

That is helpful—thank you.

10:00  

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Stuart McMillan

On that point, then, would it be worth while for it to be registered in both registers?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Stuart McMillan

Over the past 10 years, the Accountant of Court has registered 77 new cases. Of those, 44 have now been concluded, with the average case length being 37 months, and the median length of a judicial factor’s appointment over the period being 31 months. If the bill—amended or otherwise—completes the parliamentary process, do you think that the legislation would make that process quicker or longer, and do you think that more judicial factors might be implemented as a consequence of the bill?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Stuart McMillan

Before I bring Oliver Mundell back in, I note that you gave the example of HMRC. Are there any other departments with which there have been challenges and delays in getting information?

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: 23 April 2024

Stuart McMillan

Will the bill aid the work that you do if there are cross-border issues? I know that that is a difficult question.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Stuart McMillan

For our second panel today, I welcome Morna Grandison, director of interventions, Law Society of Scotland; Sandy Lamb, partner, Lindsays; and Ken Pattullo, partner, Begbies Traynor.

I remind the panellists not to worry about turning on the microphones, as they will be turned on automatically. If you would like to come in on any questions, please raise your hand or catch the eye of the clerks. There is no need to answer every question—you can simply indicate that it is not for you. However, if you want to follow up in writing afterwards, please do so.

Before we move to questions from the committee, I want, first of all, to thank you for agreeing to appear before us today. It is helpful for the committee to get the views of those practising as judicial factors.

For the benefit of the committee, can you describe the type or types of judicial factories that you are currently, and have been, involved in? Specifically, what are the general purposes of your appointment? For how long have you been, and do you usually find yourself, in post? How did you initially come to be appointed as a judicial factor by the court?