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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 10 October 2025
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Displaying 504 contributions

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Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Oliver Mundell

In practical terms, what should a family be able to produce? What should the evidential threshold be and what would that look like in practice?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Oliver Mundell

That is helpful and there are certainly things that we can reflect on there.

In section 3, there are two co-existing sets of circumstances in which a judicial factor can be appointed. The first one is when it is

“not possible, practicable or sensible”

for the person who would otherwise do it to carry out the role, which you mentioned, and the second is when

“it would be to the advantage of the estate”

for a judicial factor to be appointed. In the case of a missing person, should the second condition take precedence? In a sense, that may be easier to demonstrate. When someone’s presence is not known, it might be easier to prove that it would be to the advantage of the estate to have someone managing it.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Oliver Mundell

The committee has been considering the judicial factor’s investment power under section 17 of the bill. For the benefit of the committee, if a judicial factor asked you, in your role as the Accountant of Court, whether they were permitted to choose environmental, social and governance investments, but nothing was otherwise stated in legislation about that, what would your advice to them be?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Oliver Mundell

Do you think that that needs to be looked at again by the Government?

10:15  

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Oliver Mundell

Why would you not be able to consider them in isolation, then? That is the bit that confuses me. If they are entirely specialists and working solely on this, why would you not do that?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Oliver Mundell

But you think that you have sufficient capacity to ensure that, as these changes come through, you will not require anyone else meeting this level of legal and accountancy qualification.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Oliver Mundell

Thank you.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Oliver Mundell

On that point, are you envisaging that the people who are in the single figures would also be doing work for the Office of the Public Guardian and would not be specialising just in the—

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Oliver Mundell

I think that my question has largely been covered in that exchange, but how would a return be defined? Would, say, a brief encounter with a person or their getting back in touch bring the judicial factory to an end? After all, people sometimes make contact and then drift away again. How would you define a person being back in touch sufficiently to take over their own affairs?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Oliver Mundell

And they do not make the actual judgment.