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SPICe briefings Date published: 11 January 2022

Adults with incapacity - Guardians

These various bodies can also decide to recall guardianship powers on their own initiative.
Last updated: 5 December 2023

SPBill40S062023

Other applications for recall and discharge 31 Resignation and applications for recall and discharge in other circumstances 5 (1) Where a judicial factor wishes to resign other than in the circumstances mentioned in section 27(1)(a) or (b), the court may, on application by the judicial factor— (a) recall the judicial factor’s appointment, and (b) discharge the judicial factor. (2) Where a person (the “applicant”) other than the judicial factor applies to have the judicial 10 factor’s appointment recalled other than in the circumstances mentioned in section 1 27(1)(a) or (b), the court may recall the judicial factor’s appointment. (3) An application for recall and discharge under subsection (1), or for recall under subsection (2)— (a) must include an application for appointment of a replacement judicial factor on 15 the factory estate in place of the judicial factor whose appointment is to be recalled, (b) must not be granted until the certified copy of the appointing interlocutor for the replacement judicial factor has been issued by the clerk of court. (4) A judicial factor who makes an application under subsection (1), or an applicant under subsection (2), must intimate the application without delay to— 20 (a) the Accountant, (b) the judicial factor (if the judicial factor is not the applicant), and (c) any other person to whom the court directs that intimation should be made. (5) When making an application for recall and discharge under subsection (1), the judicial factor must send a copy of the accounts for the factory estate to the Accountant. 25 (6) When an application for recall under subsection (2) is made— (a) the judicial factor may apply by motion for the court, if it grants the application, also to grant the judicial factor’s discharge, (b) the court— (i) may grant the application only if satisfied that the applicant has an interest 30 in the factory estate, (ii) must require the applicant to find caution for the expenses of the court proceedings unless it considers that, in all the circumstances, it would not be in the interests of justice to impose such a requirement, and (iii) if minded to grant the application, must require the judicial factor to prepare 35 and send to the Accountant a copy of the judicial factor’s accounts for the factory estate. (7) On receiving a copy of the judicial factor’s accounts by virtue of subsection (5) or (6)(b)(iii), the Accountant must audit those accounts and present to the court a report— (a) with regard to the audit, and 18 Judicial Factors (Scotland) Bill Part 4—Distribution of factory estate, termination, recall and discharge of judicial factor (b) as to whether, in the Accountant’s view— (i) the judicial factor’s appointment ought to be recalled, (ii) where the judicial factor applied to be discharged under subsection (1) or (6)(a), the discharge ought to be granted. 5 (8) The court must not grant— (a) recall and discharge under subsection (1), or (b) recall under subsection (2) and discharge under subsection (6)(a), until the court has received and considered a report under subsection (7), and made such further inquiry (if any) as it considers necessary. 10 Inventory and balance sheet 1 32 Inventory and balance sheet where replacement judicial factor appointed (1) Where a replacement judicial factor is appointed by virtue of— (a) section 30(2) or (3)(b), (b) section 31(3), and the original judicial factor has not been discharged, 15 the replacement judicial factor and the Accountant must agree the inventory and balance sheet for the factory estate as at the appointment date of the replacement judicial factor. (2) Where a replacement judicial factor is appointed by virtue of section 31(3) and the original judicial factor has been discharged, the final inventory and balance sheet of the original judicial factor constitute the opening inventory and balance sheet of the 20 replacement judicial factor.
Committees Published: 26 March 2025

Scottish Parliament (Recall and Removal of Members) Bill

Scottish Parliament Recall and Removal of Members Bill. Scottish Parliament Recall and Removal of Members Bill.
Committees Published: 25 April 2025

Response on the Scottish Parliament (Recall and Removal of Members) Bill

Response on the Scottish Parliament Recall and Removal of Members Bill. Response on the Scottish Parliament Recall and Removal of Members Bill.
SPICe briefings Date published: 28 May 2020

The UK Environment Bill - Clauses 71-74: environmental recall of motor vehicles

Clauses 71-74: environmental recall of motor vehicles Clauses 71-74 of the Bill on environmental recall of motor vehicles extend and apply to Scotland and an LCM is not being sought in respect of them.
Last updated: 4 March 2025

PE2048_S

As also highlighted by the research, “Mnemonic recall was similar at 30 days”. The ability to learn and remember FAST and BE FAST were similar.
Committee reports Date published: 18 June 2024

Stage 1 Report on the Scottish Elections (Representation and Reform) Bill - Proposed Removal from Office and Recall (Members of the Scottish Parliament) Bill

Proposed Removal from Office and Recall (Members of the Scottish Parliament) Bill Graham Simpson MSP has secured the right to introduce a Member's Bill on removal from office and recall of Members of the Scottish Parliament.
Committee reports Date published: 5 November 2025

Stage 1 report on the Scottish Parliament (Recall and Removal of Members) Bill - Changing political party as a potential additional ground

meeting=16516 The Committee notes that the introduction of a recall ground related to leaving or changing political party would go beyond Mr Simpson’s intended purpose of recall to address misconduct.
Bills and laws Draft proposal date: 19 January 2022

Proposed Removal from Office and Recall (Members of the Scottish Parliament) Bill

Proposed Removal from Office and Recall Scottish Parliament Bill. Proposed Removal from Office and Recall Scottish Parliament Bill.
Last updated: 19 November 2024

SPBill40AS062024

Other applications for recall and discharge 31 Resignation and applications for recall and discharge in other circumstances 30 (1) Where a judicial factor wishes to resign other than in the circumstances mentioned in section 27(1)(a) or (b), the court may, on application by the judicial factor— (a) recall the judicial factor’s appointment, and (b) discharge the judicial factor. (2) Where a person (the “applicant”) other than the judicial factor applies to have the judicial 35 factor’s appointment recalled other than in the circumstances mentioned in section 27(1)(a) or (b), the court may recall the judicial factor’s appointment. (3) An application for recall and discharge under subsection (1), or for recall under subsection (2)— (a) must include an application for appointment of a replacement judicial factor on 40 the factory estate in place of the judicial factor whose appointment is to be recalled, 20 Judicial Factors (Scotland) Bill Part 4—Distribution of factory estate, termination, recall and discharge of judicial factor (b) must not be granted until the certified copy of the appointing interlocutor for the replacement judicial factor has been issued by the clerk of court. (4) A judicial factor who makes an application under subsection (1), or an applicant under subsection (2), must intimate the application without delay to— 5 (a) the Accountant, (b) the judicial factor (if the judicial factor is not the applicant), and (c) any other person to whom the court directs that intimation should be made. (4A) The court may dispense with the requirement in subsection (4), in whole or in part, on cause shown. 10 (5) When making an application for recall and discharge under subsection (1), the judicial 1 factor must send a copy of the accounts for the factory estate to the Accountant. (6) When an application for recall under subsection (2) is made— (a) the judicial factor may apply by motion for the court, if it grants the application, also to grant the judicial factor’s discharge, 15 (b) the court— (i) may grant the application only if satisfied that the applicant has an interest in the factory estate, (ii) must require the applicant to find caution for the expenses of the court proceedings unless it considers that, in all the circumstances, it would not 20 be in the interests of justice to impose such a requirement, and (iii) if minded to grant the application, must require the judicial factor to prepare and send to the Accountant a copy of the judicial factor’s accounts for the factory estate. (7) On receiving a copy of the judicial factor’s accounts by virtue of subsection (5) or 25 (6)(b)(iii), the Accountant must audit those accounts and present to the court a report— (a) with regard to the audit, and (b) as to whether, in the Accountant’s view— (i) the judicial factor’s appointment ought to be recalled, (ii) where the judicial factor applied to be discharged under subsection (1) or 30 (6)(a), the discharge ought to be granted. (8) The court must not grant— (a) recall and discharge under subsection (1), or (b) recall under subsection (2) and discharge under subsection (6)(a), until the court has received and considered a report under subsection (7), and made such 35 further inquiry (if any) as it considers necessary. 21 Judicial Factors (Scotland) Bill Part 4—Distribution of factory estate, termination, recall and discharge of judicial factor Inventory and balance sheet 32 Inventory and balance sheet where replacement judicial factor appointed (1) Where a replacement judicial factor is appointed by virtue of— (a) section 30(2), (3)(b) or (3A), 5 (b) section 31(3), and the original judicial factor has not been discharged, the replacement judicial factor and the Accountant must agree the inventory and balance sheet for the factory estate as at the appointment date of the replacement judicial factor. (2) Where a replacement judicial factor is appointed by virtue of section 31(3) and the original judicial factor has been discharged, the final inventory and balance sheet of the 10 original judicial factor constitute the opening inventory and balance sheet of the 1 replacement judicial factor.

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