łÉČËżěĘÖ

Skip to main content
Loading…

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.  

Filter your results Hide all filters

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 5 May 2021
  6. Current session: 12 May 2021 to 9 August 2025
Select which types of business to include


Select level of detail in results

Displaying 399 contributions

|

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Tim Eagle

That is fine. Thank you.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Tim Eagle

That is great—thank you.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Tim Eagle

That makes sense. There could be a specific reference in the bill, but it could be backed up by guidance later.

Part 4 deals with ending the judicial factor arrangement and distributing the estate. You made comments on the link between that part and the Presumption of Death (Scotland) Act 1977. For the record, will you say a bit more about your concerns and whether you want to see something specific in the bill or in guidance?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Tim Eagle

It is my understanding that it was about creating that publicly available register, as opposed to the first option.

Once you have set up the register, the running costs presumably would not be huge, because you are doing that anyway. Do you have a reason for suggesting that it would cost hundreds of thousands? If you are already creating a very similar thing for another purpose, presumably you just replicate it but give it a different name, or is it really more complicated than that?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Tim Eagle

I have a quick question about qualification requirements. As the bill stands, a judicial factor basically just has to be a suitable person, as the court decides. There were a couple of comments, including from Propertymark, to say that individuals should have a specific qualification when dealing with properties. Is it fair enough for a judicial factor simply to be a suitable person? Given some of the information that we heard this morning about the broadness of a judicial factor’s work, that is probably useful, but I would appreciate your comments on whether the law should be more explicit.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Tim Eagle

In terms of your work, where you have had an investigatory role as well as the judicial factor role, have you come across cases in which there are complaints? Does that happen often? Do you get to the point at which things break down to such an extent that complaints come in, or is that such a rarity that it is not really a concern?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Tim Eagle

My apologies. I am relatively new to the committee, so I am trying to get my head around all this. Am I picking you up right—your suggestion is that judicial factors should not be in that register, because it is already quite specific, and that there potentially should be a new register where you can register a judicial factor—or is that not what you are saying? Are you saying that the compromise is that judicial factors can be in that register, but that it will make it much wider in its concept?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Tim Eagle

Okay.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Tim Eagle

Moving on, I want to ask the Charity Law Association about its concern that the bill as drafted pays “little regard” to the role of judicial factors in the charity sector. Are there specific changes that you would like to be made in the bill?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Tim Eagle

I will move on to sections 34 and 38 of the bill. Section 34 of the bill deals with the discharge of the judicial factor, and section 38 deals with the accountant’s investigation powers. The centre for Scots law made a comment on the interrelationship between those sections and whether it was laid out correctly in the bill. The commission came back and explained that section 38 could apply first, before section 34, but I am bit confused by that, because it did not quite explain how it would work the opposite way round—for example, if a factor was discharged and then something came to light. Could Alisdair MacPherson, or anybody else on the panel, shed light on the interrelationship between those sections?