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Last updated:
10 December 2024
SPBill40BS062024
General 48 Ancillary provision (1) The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory, or saving provision they consider appropriate for 30 the purposes of, in connection with or for giving full effect to this Act. (2) Regulations under this section may— (a) make different provision for different purposes, (b) modify any enactment (including this Act). (3) Regulations under this section— 35 (a) are subject to the affirmative procedure if they add to, replace or omit any part of the text of an Act, and 29 Judicial Factors (Scotland) Bill Part 6—Miscellaneous and general (b) are otherwise subject to the negative procedure. 49 Modification of enactments and repeals and revocations (1) Schedule 2 makes provision for the modification of enactments. (2) Schedule 3 contains repeals and revocations. 5 50 Interpretation In this Act— “the Accountant” means the Accountant of Court, “appointing interlocutor” has the meaning given in section 6(1), “appointment date” has the meaning given in section 7(1), 10 “the court” is to be construed in accordance with section 1(5), 1 “estate” includes heritable and moveable property, “factory estate” means the estate on which a judicial factor is appointed, “interest in the estate” means an interest in the factory estate after payment of any debts, and 15 “judicial factor” means a person appointed as such by a court, whether under an enactment or a rule of law, to hold, manage, administer and protect an estate, “Keeper” has the meaning given in section 6(1)(b), “OSCR” has the meaning given by section 1A(1)(a). 51 Commencement 20 (1) This section and sections 48 and 52 come into force on the day after Royal Assent. (2) The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint. (3) Regulations under this section may— (a) include transitional, transitory, or saving provision, 25 (b) make different provision for different purposes. 52 Short title The short title of this Act is the Judicial Factors (Scotland) Act 2024. 30 Judicial Factors (Scotland) Bill Schedule 1—Standard powers SCHEDULE 1 (introduced by section 10(7)) S TANDARD POWERS 1 To take possession of, collect and ingather the property of the factory estate. 5 2 On behalf of the factory estate— (a) to bring or defend any action, (b) to make any application to the court, or (c) to engage in any other legal proceedings. 3 To carry out works. 10 4 To grant any deed necessary for carrying into effect a function vested in the judicial 1 factor. 5 To carry on— (a) the business (if any) of the factory estate, or (b) any part of that business. 15 6 To enter into, or take over, a contract. 7 To pay a debt due by the estate without requiring the creditor to constitute the debt, provided that the judicial factor is satisfied that the debt is a proper debt of the factory estate. 8 To employ, or dismiss from employment, any person. 20 9 To appoint an agent to carry out business which the judicial factor does not have the competence to carry out. 10 To remunerate any person appointed under paragraph 9. 11 To sell the factory estate, or any part of the factory estate. 12 To grant, vary, or accept the surrender of a lease or tenancy of any duration of the 25 heritable factory estate or of any part of the heritable factory estate. 13 To remove a tenant. 14 To take a lease or tenancy of any duration of any property if it is a lease or tenancy required for the business of the factory estate. 15 To make any kind of investment of the factory estate, including an investment in heritable 30 property. 16 To appoint a person as the judicial factor’s nominee, to exercise the judicial factor’s function of investment under paragraph 15. 17 To authorise an agent to exercise any of the judicial factor’s investment management functions at the agent’s discretion. 35 18 To exchange any part of the heritable factory estate for heritable estate of a like, or greater, value. 19 To acquire property (whether heritable or moveable). 31 Judicial Factors (Scotland) Bill Schedule 1—Standard powers 20 To borrow money on the security of the factory estate or of any part of the factory estate. 21 On behalf of the factory estate, to draw, accept, make or endorse any bill of exchange or promissory note. 5 22 To refer to arbitration a question affecting the factory estate. 23 To formulate and propose a scheme for division of the factory estate. 24 To apply to the court for— (a) authority to act at variance with the purposes of the judicial factory, (b) a variation of the judicial factor’s functions. 10 25 In respect of any securities of a company which are comprised in the factory estate, to 1 concur, as if the judicial factor was entitled to the securities beneficially, in any scheme or arrangement for— (a) the reconstruction of the company, (b) the sale of the property and undertaking of the company, or any part of that 15 property and undertaking, to another company, (c) the acquisition of the securities of the company, or of control of those securities, by another company, (d) the amalgamation of the company with another company, or (e) the release, modification or variation of any rights, privileges or liabilities attached 20 to the securities or any of the securities. 26 To accept any securities of the reconstructed, purchasing or new company in lieu of, or in exchange for, all or any of the original securities. 27 To retain any such securities for any period which the judicial factor could properly have retained the original securities. 25 28 To such extent as the judicial factor considers appropriate— (a) to exercise any conditional or preferential right to subscribe for any securities in a company, (b) to apply capital of the factory estate in payment of the consideration for such subscription, 30 (c) to retain the securities for any period for which the judicial factor has power to retain the holding in respect of which the right to subscribe was offered (but subject to any conditions subject to which the judicial factor has that power), (d) to renounce any such conditional or preferential right, or (e) to assign to any person (including any person with an interest in the factory estate), 35 for the best...
Last updated:
19 November 2024
SPBill40AS062024
WITH THIRD PARTIES AND VALIDITY OF CERTAIN TRANSACTIONS 15 20 Protection of person acquiring title Where a person has, in good faith and for value, acquired title from— (a) a judicial factor, the title acquired is not challengeable on the ground that, subsequent to the acquisition, the judicial factor’s appointment was recalled, (b) a person who derived title from a judicial factor, the title acquired is not 20 challengeable on the ground that the title should not have been transferred to that person. 21 Entitlements and liabilities of judicial factor A judicial factor stands in place of the factory estate in any dealings with a third party and accordingly the judicial factor, in the judicial factor’s capacity as such— 25 (a) is liable for any debt or obligation of the estate to the third party, (b) is entitled to— (i) receive any amount due to the estate by the third party, (ii) enforce any obligation due to the estate by the third party. 22 Contracts entered into by judicial factor 30 (1) Subsection (2) applies where a judicial factor, in the capacity of judicial factor, enters into a contract with a person who is or ought to be aware that the judicial factor is entering into the contract in that capacity. (2) Subject to section 24— (a) any rights which that person or any third party has under or by virtue of the 35 contract are enforceable against the factory estate only, and 14 Judicial Factors (Scotland) Bill Part 3—Dealings etc. with third parties and validity of certain transactions (b) if the contract gives rise to legal proceedings, the action is to be raised by, or, as the case may be, directed against, the judicial factor in the judicial factor’s capacity as such. 23 Expenses of legal proceedings on behalf of factory estate 5 Subject to section 24, where a judicial factor engages in legal proceedings on behalf of the factory estate, any expenses of the proceedings awarded against the judicial factor fall to be met from the factory estate. 24 Claims arising from acts or omissions of judicial factor (1) This section applies where a claim for damages arises as a result of the acts or omissions 10 of— 1 (a) a judicial factor, in the capacity of judicial factor, (b) an agent appointed, or person employed, by the judicial factor to carry out the business of the judicial factory. (2) Any action to enforce a claim must be brought against the judicial factor in that capacity. 15 (3) Any damages awarded in respect of, or liability (including the expenses of the proceedings) arising from, the claim fall to be met out of the factory estate unless the court— (a) finds that the liability arose by virtue of a breach of duty on the part of the judicial factor, and 20 (b) considers it appropriate that the judicial factor be found personally liable for all, or some part of, the liability. 25 Prescription of obligations (1) Subject to subsection (2), obligations due to or by a factory estate prescribe as if there had been no appointment of a judicial factor on the estate. 25 (2) The period during which a person is appointed as judicial factor on an estate does not form part of the prescriptive period in respect of any obligation due by that person to the estate. 26 Validity of certain transactions by judicial factor appointed on trust estate (1) This section applies where a judicial factor is appointed on a trust estate and in relation 30 to the trust estate, or any part of it, the judicial factor— (a) wishes to exercise a function which the judicial factor holds by virtue of this Act or any other enactment and would otherwise be entitled to exercise, and (b) considers that the exercise of the function might be at variance with the terms or purposes of the trust. 35 (2) Before exercising the function, the judicial factor must— (a) apply to the Accountant for consent to exercise the function, and 15 Judicial Factors (Scotland) Bill Part 4—Distribution of factory estate, termination, recall and discharge of judicial factor (b) notify each person or class of person specified in rules of court of the judicial factor’s intention to exercise the function. (3) On an application under subsection (2)(a) being made, the Accountant may grant consent to the exercise of the function if the Accountant is satisfied that— 5 (a) the exercise is in the best...
Last updated:
19 November 2024
Journal of Adventure Education and Outdoor Learning Professor Chris Loynes 14 November 2024
We then used ‘open’ coding to engage with the meaning and patterns in the data i.e. these codes best represented the meaning as written by the participants (Braun & Clarke, 2013, 2022).
Last updated:
25 September 2024
BB20240926
Supported by: Shona Robison *S6M-14636 Alexander Stewart: St John Scotland Presents: A Sword for Scotland—That the Parliament is enthused by the news of a forthcoming St John Scotland lecture, entitled A Sword for Scotland; understands that the event, presented by Mark Dennis CStJ, who is Limner to the Priory of the Order of St John Scotland, is to be an illustrated exploration of the history of Scotland’s Sword of State and the creation of the new Elizabeth Sword, which will also include a short documentary; acknowledges that Mr Dennis is described as being "honoured" to conceive, Thursday 26 September 2024 10 Today's Business Future Business Motions & Questions Legislation Other Gnothaichean an-diugh Gnothaichean ri teachd Gluasadan agus Ceistean Reachdas Eile Motions | Gluasadan design and supervise the creation of the Elizabeth Sword of State for Scotland, which was presented to His Majesty King Charles III by the Nation of Scotland in July 2023; believes that the lecture will take place at the Royal George Hotel in Perth on 27 October 2024 from 2.00 pm to 4.00 pm; considers that the Order of St John is an Order of Chivalry of the British Crown, with origins dating back to the 11th century; understands that the modern Order can trace its roots to the first half of the 19th century, and was constituted as a Royal Order of Chivalry by Queen Victoria in 1888; notes that the Order has a presence in more than 40 countries and delivers its charitable activities through national St John organisations, including St John Scotland in Scotland, St John Ambulance in England, and many others across the world; further notes that individuals who have contributed to the charitable work of a St John organisation may be invited to join the Order of St John in recognition of their service, with their commitment and contribution being acknowledged by titles conferred by the Order’s Sovereign Head, His Majesty The King, and wishes Mr Dennis and all involved all the very best...
Last updated:
4 June 2024
SPBill49ENS062024accessible
It requires Qualifications Scotland to have regard to the importance of communicating in the way that best meets the needs of children and young people (including those with additional support needs), users of Gaelic and other users of Qualifications Scotland’s services.
Last updated:
4 June 2024
SPBill49S062024
Accountability of Qualifications Scotland 14 Corporate plan of Qualifications Scotland 25 (1) Qualifications Scotland must submit a corporate plan to the Scottish Ministers as soon as reasonably practicable after the day on which this section comes into force. (2) A corporate plan under this section— (a) must set out— (i) the main objectives of Qualifications Scotland, 30 (ii) the outcomes by reference to which the achievement of those objectives will be assessed, (iii) a general description of the main activities which Qualifications Scotland plans to undertake, (iv) what Qualifications Scotland intends to do to satisfy— 35 (A) the requirements of section 7, (B) the expectations set out in its charters, (b) may include such other material as Qualifications Scotland considers appropriate. 7 Education (Scotland) Bill Part 1—Qualifications Scotland (3) Despite subsection (2)(a), a corporate plan need not include details of objectives or activities which relate to the function conferred by section 4(1) (but see section 19). (4) The Scottish Ministers must— (a) approve the corporate plan, 5 (b) approve the corporate plan with any modifications they consider appropriate, or (c) reject the corporate plan. (5) Where the Scottish Ministers intend to approve the corporate plan with modifications, they must consult Qualifications Scotland before doing so. (6) Where the Scottish Ministers reject the corporate plan, Qualifications Scotland must, as 10 soon as reasonably practicable, modify the corporate plan and resubmit it to the Scottish 1 Ministers. (7) As soon as reasonably practicable after a corporate plan is approved by the Scottish Ministers— (a) Qualifications Scotland must publish it, and 15 (b) the Scottish Ministers must lay a copy of it before the Scottish Parliament. (8) Qualifications Scotland— (a) may submit a new corporate plan to the Scottish Ministers at any time, and (b) must do so when so required by the Scottish Ministers. (9) Subsections (4) to (6) apply to a new corporate plan, and to a modified corporate plan 20 submitted under subsection (6), as they apply to the corporate plan submitted under subsection (1). 15 Annual report of Qualifications Scotland (1) Qualifications Scotland must, as soon as reasonably practicable after the end of each financial year— 25 (a) prepare and publish a report on its activities during that year, and (b) send a copy of the report to the Scottish Ministers. (2) The Scottish Ministers must lay a copy of the report before the Scottish Parliament. (3) A report under subsection (1) must include a statement of what Qualifications Scotland has done during that year to satisfy— 30 (a) the requirements of section 7, (b) the expectations set out in its charters. (4) Despite subsection (1)(a), a report under that subsection need not include details of the activities of Qualifications Scotland that are carried out by its Accreditation Committee (but see section 20). 35 (5) It is otherwise for Qualifications Scotland to determine the form and content of each report. 8 Education (Scotland) Bill Part 1—Qualifications Scotland 16 Accounts and audit of Qualifications Scotland (1) Qualifications Scotland must— (a) keep proper accounts and accounting records, (b) prepare in respect of each financial year a statement of accounts, and 5 (c) send a copy of the statement to the Scottish Ministers. (2) The Scottish Ministers must, as soon as reasonably practicable after receiving a copy statement of accounts from Qualifications Scotland, send it to the Auditor General for Scotland for auditing. 17 Scottish Ministers’ power to direct Qualifications Scotland 10 (1) Qualifications Scotland must comply with any direction issued to it by the Scottish 1 Ministers. (2) A direction issued by the Scottish Ministers to Qualifications Scotland— (a) may be general or relate to a particular function or matter, (b) may vary or revoke an earlier direction under this section, 15 (c) must— (i) be in writing, and (ii) be published by the Scottish Ministers as soon as reasonably practicable after it is communicated to Qualifications Scotland. (3) Before issuing such a direction (other than a direction revoking an earlier direction), 20 the Scottish Ministers must consult Qualifications Scotland about it. 18 Provision of information by Qualifications Scotland Qualifications Scotland must provide the Scottish Ministers with such information as the Scottish Ministers reasonably request relating to the carrying out or proposed carrying out of Qualifications Scotland’s functions. 25 Accountability of the Accreditation Committee 19 Corporate plan of the Accreditation Committee (1) The Accreditation Committee must prepare and publish a corporate plan as soon as reasonably practicable after the day on which this section comes into force. (2) The corporate plan— 30 (a) must set out how the committee intends to exercise its functions, (b) may include such other material as the committee considers appropriate. (3) The committee— (a) may prepare a new corporate plan at any time, and (b) must publish any such new plan. 9 Education (Scotland) Bill Part 1—Qualifications Scotland 20 Annual report of the Accreditation Committee (1) The Accreditation Committee must, as soon as reasonably practicable after the end of each financial year— (a) prepare and publish a report on its activities during that year, and 5 (b) send a copy of the report to the Scottish Ministers. (2) The Scottish Ministers must lay a copy of the report before the Scottish Parliament. (3) It is for the Accreditation Committee to determine the form and content of each report. 21 Scottish Ministers’ power to direct the Accreditation Committee (1) The Accreditation Committee must comply with any direction issued to it by the Scottish 10 Ministers. 1 (2) A direction issued by the Scottish Ministers to the committee— (a) may be general or relate to a particular function or matter, (b) may vary or revoke an earlier direction under this section, (c) must— 15 (i) be in writing, and (ii) be published by the Scottish Ministers as soon as reasonably practicable after it is communicated to the committee. (3) Before issuing such a direction (other than a direction revoking an earlier direction), the Scottish Ministers must consult the committee about it. 20 Funding and powers 22 Financial assistance (1) The Scottish Ministers may provide such financial assistance to Qualifications Scotland as the Scottish Ministers consider appropriate. (2) For the purposes of subsection (1), “financial assistance” includes grants, loans, 25 guarantees and indemnities. (3) The Scottish Ministers may specify conditions (including conditions as to repayment or the payment of interest) which apply in respect of any financial assistance provided. 23 Funding and use of resources (1) Qualifications Scotland may, where it appears to it to be necessary or expedient for the 30 purposes of, or in connection with, or to be otherwise conducive to, the performance of its functions— (a) invest sums not immediately required for the performance of its functions, (b) accept, hold and administer gifts of any kind, (c) hold and maintain land or other property, 35 (d) subject to the satisfaction of any criteria set by the Scottish Ministers in respect of such a charge, charge for providing a service. 10 Education (Scotland) Bill Part 2—His Majesty’s Chief Inspector of Education in Scotland (2) Qualifications Scotland must have the consent of the Scottish Ministers to— (a) borrow from someone other than the Scottish Ministers, (b) acquire or dispose of land, (c) form or promote (whether alone or with others) a company under the Companies 5 Act 2006, (d) where an amount is specified by virtue of subsection (4), enter into a contract with a value in excess of that amount. (3) For the purposes of subsection (2), the consent of the Scottish Ministers may be given— (a) in respect of a particular transaction or description of transactions, 10 (b) subject to conditions. 1 (4) The Scottish Ministers may, for the purposes of subsection (2)(d), from time to time specify— (a) an amount, (b) how the value of a contract is to be determined. 15 24 General powers Qualifications Scotland may do anything which appears to it— (a) to be necessary or expedient for the purposes of, or in connection with, the performance of its functions, or (b) to be otherwise conducive to the performance of its functions. 20 Supporting provisions 25 Publication of documents In publishing a document under this Part, Qualifications Scotland must have regard to the importance of communicating in the way that best...
Last updated:
22 May 2024
BB20240522
Supported by: Alasdair Allan*, David Torrance*, Annabelle Ewing*, Bill Kidd*, Stephanie Callaghan*, Colin Beattie*, Kevin Stewart*, Miles Briggs* *S6M-13279 Fulton MacGregor: World Football Day—That the Parliament acknowledges the UN General Assembly’s Resolution proclaiming 25 May as World Football Day; understands that this date was chosen to mark the 100th anniversary of the first international football tournament in history with the representation of all regions, which took place on 25 May 1924, during the summer Olympic games held in Paris; supports the sentiment that football has a huge impact on global matters such as commerce, peace and diplomacy; considers that football creates a space for cooperation and can be used as a tool to promote peace, development and the empowerment of women and girls; notes that, although this day marks the 100th anniversary of the first global international tournament, Scotland competed in the first ever match between two national associations, in 1872, and the second official international women's football match, in 1972; acknowledges that the Scottish men’s football team has won or shared the British Home Championship 41 times, has made eight appearances at the FIFA World Cup, three appearances at the UEFA European Championships, and been named Unofficial Football World Champions a record 149 times; congratulates the current Scottish men's team for qualifying for its fourth appearance at a UEFA European Championship, which is being held in Germany in summer 2024; wishes the squad the best...
Last updated:
27 March 2024
SPBill45PMS062024accessible
The Member believes that this must be taken into account when considering how best to raise awareness of assisted dying and how the process works (for example, it is expected that, as is the case with any new health service, information and education will be provided in a variety of accessible formats, including online and paper based).
Last updated:
8 February 2024
Informal Evidence Session 6 December 2023 Transcript
I’m not sure that complainers and and my brother going back beyond the incident, survivors give their best evidence when they are which they had, but then they wanted the whole traumatised and if they are just pulling out little bits thing.
Last updated:
20 December 2023
Behavioural responses to Covid19 health certification a rapid review
Engagement context-of-covid-19-evidence-and-best-practice-22-october-2020 with daily testing instead of self-isolating in contacts of confirmed cases of 79.
