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.