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Reform history

Judicial Factors (Scotland) Act 2025

2 versions · 2025-01-27

2025-01-28

Judicial Factors (Scotland) Act 2025

View changes Text at this date

Changes on 2025-01-28

@@ -8,9 +8,9 @@

##### 1

- (1) The court may, on the application of an interested person (“*the applicant*”), appoint a judicial factor on an estate if the court considers that the conditions for appointment set out in [section 4](https://www.legislation.gov.uk/asp/2025/3/section/4/enacted) are satisfied.

- (2) Where an application is made for the appointment of a judicial factor under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/1/1/enacted), the applicant must intimate the application without delay to every person who, so far as the applicant is able to ascertain after reasonable enquiry, has an interest in the estate.

- (2) Where an application is made for the appointment of a judicial factor under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/1/1/2025-01-28), the applicant must intimate the application without delay to every person who, so far as the applicant is able to ascertain after reasonable enquiry, has an interest in the estate.

- (3) The court may appoint a judicial factor on an estate in the course of proceedings connected to that estate—

@@ -20,11 +20,11 @@

- (ii) on the motion of a party who is an interested person, and

- (b) if the court considers that the conditions for appointment set out in [section 4](https://www.legislation.gov.uk/asp/2025/3/section/4/enacted) are satisfied.

- (4) Where the court is minded to appoint a judicial factor under [subsection (3)](https://www.legislation.gov.uk/asp/2025/3/section/1/3/enacted)[(a)](https://www.legislation.gov.uk/asp/2025/3/section/1/3/a/enacted)[(i)](https://www.legislation.gov.uk/asp/2025/3/section/1/3/a/i/enacted), the clerk of court must, before the appointment is made, intimate that fact without delay to every person who the court considers has an interest in the estate.

- (5) Where a motion is made for the appointment of a judicial factor under [subsection (3)](https://www.legislation.gov.uk/asp/2025/3/section/1/3/enacted)[(a)](https://www.legislation.gov.uk/asp/2025/3/section/1/3/a/enacted)[(ii)](https://www.legislation.gov.uk/asp/2025/3/section/1/3/a/ii/enacted), the party making the motion must intimate the motion without delay to every person who—

- (b) if the court considers that the conditions for appointment set out in [section 4](https://www.legislation.gov.uk/asp/2025/3/section/4/2025-01-28) are satisfied.

- (4) Where the court is minded to appoint a judicial factor under [subsection (3)](https://www.legislation.gov.uk/asp/2025/3/section/1/3/2025-01-28)[(a)](https://www.legislation.gov.uk/asp/2025/3/section/1/3/a/2025-01-28)[(i)](https://www.legislation.gov.uk/asp/2025/3/section/1/3/a/i/2025-01-28), the clerk of court must, before the appointment is made, intimate that fact without delay to every person who the court considers has an interest in the estate.

- (5) Where a motion is made for the appointment of a judicial factor under [subsection (3)](https://www.legislation.gov.uk/asp/2025/3/section/1/3/2025-01-28)[(a)](https://www.legislation.gov.uk/asp/2025/3/section/1/3/a/2025-01-28)[(ii)](https://www.legislation.gov.uk/asp/2025/3/section/1/3/a/ii/2025-01-28), the party making the motion must intimate the motion without delay to every person who—

- (a) so far as the party is able to ascertain after reasonable enquiry, has an interest in the estate, and

@@ -32,11 +32,11 @@

- (6) The court may dispense with the requirement to intimate a matter, in whole or in part—

- (a) under [subsection (2)](https://www.legislation.gov.uk/asp/2025/3/section/1/2/enacted) or [(5)](https://www.legislation.gov.uk/asp/2025/3/section/1/5/enacted) on cause shown,

- (b) under [subsection (4)](https://www.legislation.gov.uk/asp/2025/3/section/1/4/enacted) where the court considers such dispensation to be appropriate.

- (7) In this section and in [section 3](https://www.legislation.gov.uk/asp/2025/3/section/3/enacted), “*interested person*” means any person who the court is satisfied has an interest in the appointing of a judicial factor on the estate to which the application relates.

- (a) under [subsection (2)](https://www.legislation.gov.uk/asp/2025/3/section/1/2/2025-01-28) or [(5)](https://www.legislation.gov.uk/asp/2025/3/section/1/5/2025-01-28) on cause shown,

- (b) under [subsection (4)](https://www.legislation.gov.uk/asp/2025/3/section/1/4/2025-01-28) where the court considers such dispensation to be appropriate.

- (7) In this section and in [section 3](https://www.legislation.gov.uk/asp/2025/3/section/3/2025-01-28), “*interested person*” means any person who the court is satisfied has an interest in the appointing of a judicial factor on the estate to which the application relates.

- (8) In this Act, “*the court*” means—

@@ -50,25 +50,25 @@

- (iii) where the application relates to the estate of a person other than an individual, of a sheriffdom in which the person’s registered office is situated or in which the person has a place of business,

- (iv) where none of [sub-paragraph (i)](https://www.legislation.gov.uk/asp/2025/3/section/1/8/b/i/enacted) to [(iii)](https://www.legislation.gov.uk/asp/2025/3/section/1/8/b/iii/enacted) applies, of the sheriffdom of Lothian and Borders sitting at Edinburgh.

- (iv) where none of [sub-paragraph (i)](https://www.legislation.gov.uk/asp/2025/3/section/1/8/b/i/2025-01-28) to [(iii)](https://www.legislation.gov.uk/asp/2025/3/section/1/8/b/iii/2025-01-28) applies, of the sheriffdom of Lothian and Borders sitting at Edinburgh.

#### Appointment of judicial factor: charities

##### 2

- (1) Where an application is made under [section 1](https://www.legislation.gov.uk/asp/2025/3/section/1/enacted)[(1)](https://www.legislation.gov.uk/asp/2025/3/section/1/1/enacted) for the appointment of a judicial factor on the estate of a charity, the applicant must without delay—

- (1) Where an application is made under [section 1](https://www.legislation.gov.uk/asp/2025/3/section/1/2025-01-28)[(1)](https://www.legislation.gov.uk/asp/2025/3/section/1/1/2025-01-28) for the appointment of a judicial factor on the estate of a charity, the applicant must without delay—

- (a) intimate the application to the Office of the Scottish Charity Regulator (“*OSCR*”) (unless the applicant is OSCR), and

- (b) give notice that an application has been made to the general public by way of advertisement.

- (2) Where the court is minded under [section 1](https://www.legislation.gov.uk/asp/2025/3/section/1/enacted)[(3)](https://www.legislation.gov.uk/asp/2025/3/section/1/3/enacted)[(a)](https://www.legislation.gov.uk/asp/2025/3/section/1/3/a/enacted)[(i)](https://www.legislation.gov.uk/asp/2025/3/section/1/3/a/i/enacted) to appoint a judicial factor on the estate of a charity, the clerk of court must, before the appointment is made and without delay—

- (2) Where the court is minded under [section 1](https://www.legislation.gov.uk/asp/2025/3/section/1/2025-01-28)[(3)](https://www.legislation.gov.uk/asp/2025/3/section/1/3/2025-01-28)[(a)](https://www.legislation.gov.uk/asp/2025/3/section/1/3/a/2025-01-28)[(i)](https://www.legislation.gov.uk/asp/2025/3/section/1/3/a/i/2025-01-28) to appoint a judicial factor on the estate of a charity, the clerk of court must, before the appointment is made and without delay—

- (a) intimate that fact to OSCR, and

- (b) give notice of that fact to the general public by way of advertisement.

- (3) Where a motion is made under [section 1](https://www.legislation.gov.uk/asp/2025/3/section/1/enacted)[(3)](https://www.legislation.gov.uk/asp/2025/3/section/1/3/enacted)[(a)](https://www.legislation.gov.uk/asp/2025/3/section/1/3/a/enacted)[(ii)](https://www.legislation.gov.uk/asp/2025/3/section/1/3/a/ii/enacted) for the appointment of a judicial factor on the estate of a charity, the party making the motion must without delay—

- (3) Where a motion is made under [section 1](https://www.legislation.gov.uk/asp/2025/3/section/1/2025-01-28)[(3)](https://www.legislation.gov.uk/asp/2025/3/section/1/3/2025-01-28)[(a)](https://www.legislation.gov.uk/asp/2025/3/section/1/3/a/2025-01-28)[(ii)](https://www.legislation.gov.uk/asp/2025/3/section/1/3/a/ii/2025-01-28) for the appointment of a judicial factor on the estate of a charity, the party making the motion must without delay—

- (a) intimate the motion to OSCR (unless that party is OSCR), and

@@ -76,9 +76,9 @@

- (4) The court may dispense with the requirement to give notice—

- (a) under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/2/1/enacted)[(b)](https://www.legislation.gov.uk/asp/2025/3/section/2/1/b/enacted) or [(3)](https://www.legislation.gov.uk/asp/2025/3/section/2/3/enacted)[(b)](https://www.legislation.gov.uk/asp/2025/3/section/2/3/b/enacted) on cause shown,

- (b) under [subsection (2)](https://www.legislation.gov.uk/asp/2025/3/section/2/2/enacted)[(b)](https://www.legislation.gov.uk/asp/2025/3/section/2/2/b/enacted) where the court considers such dispensation to be appropriate.

- (a) under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/2/1/2025-01-28)[(b)](https://www.legislation.gov.uk/asp/2025/3/section/2/1/b/2025-01-28) or [(3)](https://www.legislation.gov.uk/asp/2025/3/section/2/3/2025-01-28)[(b)](https://www.legislation.gov.uk/asp/2025/3/section/2/3/b/2025-01-28) on cause shown,

- (b) under [subsection (2)](https://www.legislation.gov.uk/asp/2025/3/section/2/2/2025-01-28)[(b)](https://www.legislation.gov.uk/asp/2025/3/section/2/2/b/2025-01-28) where the court considers such dispensation to be appropriate.

### Interim judicial factor

@@ -88,11 +88,11 @@

- (1) The court may appoint an interim judicial factor on an estate if it considers it necessary or expedient to do so, pending the determination of—

- (a) an application for appointment under [section 1](https://www.legislation.gov.uk/asp/2025/3/section/1/enacted)[(1)](https://www.legislation.gov.uk/asp/2025/3/section/1/1/enacted), at its own instance or on the motion of the applicant,

- (b) a motion for appointment under [section 1](https://www.legislation.gov.uk/asp/2025/3/section/1/enacted)[(3)](https://www.legislation.gov.uk/asp/2025/3/section/1/3/enacted)[(a)](https://www.legislation.gov.uk/asp/2025/3/section/1/3/a/enacted)[(ii)](https://www.legislation.gov.uk/asp/2025/3/section/1/3/a/ii/enacted), at its own instance or on the motion of a party who is an interested person.

- (2) The provisions of this Act apply in relation to an interim judicial factor appointed under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/3/1/enacted) as they apply to a judicial factor, except and to the extent that—

- (a) an application for appointment under [section 1](https://www.legislation.gov.uk/asp/2025/3/section/1/2025-01-28)[(1)](https://www.legislation.gov.uk/asp/2025/3/section/1/1/2025-01-28), at its own instance or on the motion of the applicant,

- (b) a motion for appointment under [section 1](https://www.legislation.gov.uk/asp/2025/3/section/1/2025-01-28)[(3)](https://www.legislation.gov.uk/asp/2025/3/section/1/3/2025-01-28)[(a)](https://www.legislation.gov.uk/asp/2025/3/section/1/3/a/2025-01-28)[(ii)](https://www.legislation.gov.uk/asp/2025/3/section/1/3/a/ii/2025-01-28), at its own instance or on the motion of a party who is an interested person.

- (2) The provisions of this Act apply in relation to an interim judicial factor appointed under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/3/1/2025-01-28) as they apply to a judicial factor, except and to the extent that—

- (a) the context requires otherwise,

@@ -144,7 +144,7 @@

- (1) The court, when appointing a person as a judicial factor, may require the person to find caution for the performance of that person’s functions as judicial factor.

- (2) The court may impose a requirement under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/6/1/enacted) only where it considers that exceptional circumstances make it reasonable to do so.

- (2) The court may impose a requirement under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/6/1/2025-01-28) only where it considers that exceptional circumstances make it reasonable to do so.

- (3) The Accountant—

@@ -166,11 +166,11 @@

- (a) intimate the appointment to the Accountant, and

- (b) subject to [subsection (2)](https://www.legislation.gov.uk/asp/2025/3/section/7/2/enacted), send the notice of appointment to the Keeper of the Register of Inhibitions (“the Keeper”) for recording in that register.

- (2) Where the court has imposed a requirement to find caution, the clerk of court must not send the notice to the Keeper under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/7/1/enacted)[(b)](https://www.legislation.gov.uk/asp/2025/3/section/7/1/b/enacted) unless the Accountant has confirmed that the requirement has been satisfied.

- (3) Notice under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/7/1/enacted)[(b)](https://www.legislation.gov.uk/asp/2025/3/section/7/1/b/enacted) must specify an address at which service of documents may be effected on the judicial factor.

- (b) subject to [subsection (2)](https://www.legislation.gov.uk/asp/2025/3/section/7/2/2025-01-28), send the notice of appointment to the Keeper of the Register of Inhibitions (“the Keeper”) for recording in that register.

- (2) Where the court has imposed a requirement to find caution, the clerk of court must not send the notice to the Keeper under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/7/1/2025-01-28)[(b)](https://www.legislation.gov.uk/asp/2025/3/section/7/1/b/2025-01-28) unless the Accountant has confirmed that the requirement has been satisfied.

- (3) Notice under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/7/1/2025-01-28)[(b)](https://www.legislation.gov.uk/asp/2025/3/section/7/1/b/2025-01-28) must specify an address at which service of documents may be effected on the judicial factor.

- (4) The judicial factor must, without delay—

@@ -178,7 +178,7 @@

- (b) notify the Accountant on each occasion that such re-recording is effected.

- (5) Any fee payable by virtue of [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/7/1/enacted)[(b)](https://www.legislation.gov.uk/asp/2025/3/section/7/1/b/enacted) or [(4)](https://www.legislation.gov.uk/asp/2025/3/section/7/4/enacted)[(a)](https://www.legislation.gov.uk/asp/2025/3/section/7/4/a/enacted) is to be met from the factory estate.

- (5) Any fee payable by virtue of [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/7/1/2025-01-28)[(b)](https://www.legislation.gov.uk/asp/2025/3/section/7/1/b/2025-01-28) or [(4)](https://www.legislation.gov.uk/asp/2025/3/section/7/4/2025-01-28)[(a)](https://www.legislation.gov.uk/asp/2025/3/section/7/4/a/2025-01-28) is to be met from the factory estate.

#### Review of appropriateness of recording in the Register of Inhibitions

@@ -194,9 +194,9 @@

- (ii) a register of judicial factories.

- (2) Where regulations under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/8/1/enacted) specify that notices are to be recorded or registered in an existing register, the regulations must make such provision as is necessary to allow the register to be used for the recording or registration of notices of appointment of judicial factors.

- (3) Where regulations under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/8/1/enacted) specify that notices are to be recorded or registered in a register of judicial factories, the regulations—

- (2) Where regulations under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/8/1/2025-01-28) specify that notices are to be recorded or registered in an existing register, the regulations must make such provision as is necessary to allow the register to be used for the recording or registration of notices of appointment of judicial factors.

- (3) Where regulations under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/8/1/2025-01-28) specify that notices are to be recorded or registered in a register of judicial factories, the regulations—

- (a) must establish a register of judicial factories,

@@ -218,7 +218,7 @@

- (iv) such other matters as the Scottish Ministers consider appropriate.

- (4) Regulations under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/8/1/enacted)—

- (4) Regulations under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/8/1/2025-01-28)—

- (a) may make incidental, supplementary, consequential, transitional, transitory or saving provision,

@@ -238,9 +238,9 @@

- (b) where the court has imposed a requirement to find caution, on the date on which the Accountant confirms to the court and the judicial factor in writing that the requirement has been satisfied.

- (2) [Subsection (3)](https://www.legislation.gov.uk/asp/2025/3/section/9/3/enacted) applies where a judicial factor is appointed on the estate of a solicitor under section 41 of the Solicitors (Scotland) Act 1980.

- (3) Unless the court specifies otherwise when appointing the judicial factor, the estate vesting under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/9/1/enacted) includes all property held by the solicitor in a fiduciary capacity, including—

- (2) [Subsection (3)](https://www.legislation.gov.uk/asp/2025/3/section/9/3/2025-01-28) applies where a judicial factor is appointed on the estate of a solicitor under section 41 of the Solicitors (Scotland) Act 1980.

- (3) Unless the court specifies otherwise when appointing the judicial factor, the estate vesting under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/9/1/2025-01-28) includes all property held by the solicitor in a fiduciary capacity, including—

- (a) sums at the credit of any client account, or

@@ -256,7 +256,7 @@

- (2) The certified copy is the judicial factor’s warrant to intromit with the estate to which the appointment relates.

- (3) Where the court has imposed a requirement to find caution, the clerk of court must not issue a certified copy under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/10/1/enacted) unless the Accountant has confirmed that the requirement has been satisfied.

- (3) Where the court has imposed a requirement to find caution, the clerk of court must not issue a certified copy under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/10/1/2025-01-28) unless the Accountant has confirmed that the requirement has been satisfied.

### Remuneration and reimbursement of judicial factor

@@ -280,21 +280,21 @@

- (c) in relation to interim judicial factors.

- (4) The Accountant must review the rates fixed under [subsection (2)](https://www.legislation.gov.uk/asp/2025/3/section/11/2/enacted)[(a)](https://www.legislation.gov.uk/asp/2025/3/section/11/2/a/enacted)—

- (4) The Accountant must review the rates fixed under [subsection (2)](https://www.legislation.gov.uk/asp/2025/3/section/11/2/2025-01-28)[(a)](https://www.legislation.gov.uk/asp/2025/3/section/11/2/a/2025-01-28)—

- (a) before the expiry of the period of 1 year beginning with the date on which they are fixed, and

- (b) thereafter, from time to time (but in each case no later than the expiry of the period of 1 year beginning with the date of the previous review).

- (5) The Accountant may fix a rate of remuneration for a particular judicial factor other than by virtue of [subsections (2)](https://www.legislation.gov.uk/asp/2025/3/section/11/2/enacted) to [(4)](https://www.legislation.gov.uk/asp/2025/3/section/11/4/enacted).

- (5) The Accountant may fix a rate of remuneration for a particular judicial factor other than by virtue of [subsections (2)](https://www.legislation.gov.uk/asp/2025/3/section/11/2/2025-01-28) to [(4)](https://www.legislation.gov.uk/asp/2025/3/section/11/4/2025-01-28).

- (6) A judicial factor may appeal to the court which appointed the judicial factor in respect of—

- (a) the amount of the remuneration paid to the judicial factor,

- (b) a determination of the Accountant under [subsection (2)](https://www.legislation.gov.uk/asp/2025/3/section/11/2/enacted)[(b)](https://www.legislation.gov.uk/asp/2025/3/section/11/2/b/enacted).

- (7) The decision of the court in an appeal to it under [subsection (6)](https://www.legislation.gov.uk/asp/2025/3/section/11/6/enacted) is final and is conclusive against both the Accountant and the judicial factor.

- (b) a determination of the Accountant under [subsection (2)](https://www.legislation.gov.uk/asp/2025/3/section/11/2/2025-01-28)[(b)](https://www.legislation.gov.uk/asp/2025/3/section/11/2/b/2025-01-28).

- (7) The decision of the court in an appeal to it under [subsection (6)](https://www.legislation.gov.uk/asp/2025/3/section/11/6/2025-01-28) is final and is conclusive against both the Accountant and the judicial factor.

- (8) A judicial factor may be reimbursed for any outlays reasonably incurred in the carrying out of the functions of judicial factor—

@@ -308,15 +308,15 @@

##### 12

- (1) The Scottish Ministers must issue guidance about the appointment of judicial factors on the estates of missing persons under [section 1](https://www.legislation.gov.uk/asp/2025/3/section/1/enacted).

- (2) The Scottish Ministers may review and revise guidance issued under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/12/1/enacted).

- (2) The Scottish Ministers may review and revise guidance issued under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/12/1/2025-01-28).

- (3) The Scottish Ministers must, as soon as practicable after issuing—

- (a) guidance under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/12/1/enacted),

- (b) revised guidance under [subsection (2)](https://www.legislation.gov.uk/asp/2025/3/section/12/2/enacted),

- (a) guidance under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/12/1/2025-01-28),

- (b) revised guidance under [subsection (2)](https://www.legislation.gov.uk/asp/2025/3/section/12/2/2025-01-28),

publish the guidance in such manner as they consider appropriate (which may include the guidance being published as part of another document).

@@ -334,9 +334,9 @@

- (a) any variation—

- (i) set out in the appointing interlocutor by virtue of [section 14](https://www.legislation.gov.uk/asp/2025/3/section/14/enacted)[(1)](https://www.legislation.gov.uk/asp/2025/3/section/14/1/enacted),

- (ii) made by the court by virtue of [section 14](https://www.legislation.gov.uk/asp/2025/3/section/14/enacted)[(2)](https://www.legislation.gov.uk/asp/2025/3/section/14/2/enacted),

- (i) set out in the appointing interlocutor by virtue of [section 14](https://www.legislation.gov.uk/asp/2025/3/section/14/2025-01-28)[(1)](https://www.legislation.gov.uk/asp/2025/3/section/14/1/2025-01-28),

- (ii) made by the court by virtue of [section 14](https://www.legislation.gov.uk/asp/2025/3/section/14/2025-01-28)[(2)](https://www.legislation.gov.uk/asp/2025/3/section/14/2/2025-01-28),

- (b) any provision in any other enactment by virtue of which functions are imposed on or withheld from the judicial factor.

@@ -346,7 +346,7 @@

- (b) take professional advice when appropriate.

- (4) In complying with [subsection (3)](https://www.legislation.gov.uk/asp/2025/3/section/13/3/enacted)[(b)](https://www.legislation.gov.uk/asp/2025/3/section/13/3/b/enacted), the judicial factor may consult the Accountant as to whether it is appropriate to take professional advice in a particular case.

- (4) In complying with [subsection (3)](https://www.legislation.gov.uk/asp/2025/3/section/13/3/2025-01-28)[(b)](https://www.legislation.gov.uk/asp/2025/3/section/13/3/b/2025-01-28), the judicial factor may consult the Accountant as to whether it is appropriate to take professional advice in a particular case.

- (5) The judicial factor must not delegate the general function or any factory function except and to the extent—

@@ -364,19 +364,19 @@

- (7) In this section, “*the factory functions*” means—

- (a) subject to any variation made by the court by virtue of [section 14](https://www.legislation.gov.uk/asp/2025/3/section/14/enacted)[(1)](https://www.legislation.gov.uk/asp/2025/3/section/14/1/enacted)[(a)](https://www.legislation.gov.uk/asp/2025/3/section/14/1/a/enacted) or [(2)](https://www.legislation.gov.uk/asp/2025/3/section/14/2/enacted)[(a)](https://www.legislation.gov.uk/asp/2025/3/section/14/2/a/enacted), or any provision in any other enactment by virtue of which functions are imposed on or withheld from the judicial factor—

- (a) subject to any variation made by the court by virtue of [section 14](https://www.legislation.gov.uk/asp/2025/3/section/14/2025-01-28)[(1)](https://www.legislation.gov.uk/asp/2025/3/section/14/1/2025-01-28)[(a)](https://www.legislation.gov.uk/asp/2025/3/section/14/1/a/2025-01-28) or [(2)](https://www.legislation.gov.uk/asp/2025/3/section/14/2/2025-01-28)[(a)](https://www.legislation.gov.uk/asp/2025/3/section/14/2/a/2025-01-28), or any provision in any other enactment by virtue of which functions are imposed on or withheld from the judicial factor—

- (i) the standard powers,

- (ii) the functions set out in [sections 15](https://www.legislation.gov.uk/asp/2025/3/section/15/enacted) to [22](https://www.legislation.gov.uk/asp/2025/3/section/22/enacted),

- (b) any function conferred by the court by virtue of [section 14](https://www.legislation.gov.uk/asp/2025/3/section/14/enacted)[(1)](https://www.legislation.gov.uk/asp/2025/3/section/14/1/enacted)[(b)](https://www.legislation.gov.uk/asp/2025/3/section/14/1/b/enacted) or [(2)](https://www.legislation.gov.uk/asp/2025/3/section/14/2/enacted)[(b)](https://www.legislation.gov.uk/asp/2025/3/section/14/2/b/enacted).

- (8) In this section and in [section 14](https://www.legislation.gov.uk/asp/2025/3/section/14/enacted), “*the standard powers*”—

- (ii) the functions set out in [sections 15](https://www.legislation.gov.uk/asp/2025/3/section/15/2025-01-28) to [22](https://www.legislation.gov.uk/asp/2025/3/section/22/2025-01-28),

- (b) any function conferred by the court by virtue of [section 14](https://www.legislation.gov.uk/asp/2025/3/section/14/2025-01-28)[(1)](https://www.legislation.gov.uk/asp/2025/3/section/14/1/2025-01-28)[(b)](https://www.legislation.gov.uk/asp/2025/3/section/14/1/b/2025-01-28) or [(2)](https://www.legislation.gov.uk/asp/2025/3/section/14/2/2025-01-28)[(b)](https://www.legislation.gov.uk/asp/2025/3/section/14/2/b/2025-01-28).

- (8) In this section and in [section 14](https://www.legislation.gov.uk/asp/2025/3/section/14/2025-01-28), “*the standard powers*”—

- (a) means all of the powers of a natural person beneficially entitled to the estate,

- (b) includes, in particular, the power to take any or all of the measures listed in [schedule 1](https://www.legislation.gov.uk/asp/2025/3/schedule/1/enacted).

- (b) includes, in particular, the power to take any or all of the measures listed in [schedule 1](https://www.legislation.gov.uk/asp/2025/3/schedule/1/2025-01-28).

### Power of court to specify functions of judicial factor

@@ -392,7 +392,7 @@

- (ii) the standard powers,

- (iii) the functions set out in [sections 15](https://www.legislation.gov.uk/asp/2025/3/section/15/enacted) to [22](https://www.legislation.gov.uk/asp/2025/3/section/22/enacted),

- (iii) the functions set out in [sections 15](https://www.legislation.gov.uk/asp/2025/3/section/15/2025-01-28) to [22](https://www.legislation.gov.uk/asp/2025/3/section/22/2025-01-28),

- (b) any additional function which is conferred on the judicial factor.

@@ -404,11 +404,11 @@

- (3) The judicial factor must intimate to the Accountant any application—

- (a) to be relieved of a function under [subsection (2)](https://www.legislation.gov.uk/asp/2025/3/section/14/2/enacted)[(a)](https://www.legislation.gov.uk/asp/2025/3/section/14/2/a/enacted),

- (b) for an additional function to be conferred under [subsection (2)](https://www.legislation.gov.uk/asp/2025/3/section/14/2/enacted)[(b)](https://www.legislation.gov.uk/asp/2025/3/section/14/2/b/enacted).

- (4) On receiving intimation under [subsection (3)](https://www.legislation.gov.uk/asp/2025/3/section/14/3/enacted) the Accountant must—

- (a) to be relieved of a function under [subsection (2)](https://www.legislation.gov.uk/asp/2025/3/section/14/2/2025-01-28)[(a)](https://www.legislation.gov.uk/asp/2025/3/section/14/2/a/2025-01-28),

- (b) for an additional function to be conferred under [subsection (2)](https://www.legislation.gov.uk/asp/2025/3/section/14/2/2025-01-28)[(b)](https://www.legislation.gov.uk/asp/2025/3/section/14/2/b/2025-01-28).

- (4) On receiving intimation under [subsection (3)](https://www.legislation.gov.uk/asp/2025/3/section/14/3/2025-01-28) the Accountant must—

- (a) make such inquiry as the Accountant considers appropriate, and

@@ -422,9 +422,9 @@

- (1) A judicial factor may serve written notice on any person requesting that the person supply such information specified in the notice as the judicial factor reasonably considers relevant to the judicial factor’s functions.

- (2) A notice sent under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/15/1/enacted) must be accompanied by a certified copy of the appointing interlocutor.

- (3) A person who receives notice under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/15/1/enacted), other than a person mentioned in [subsection (4)](https://www.legislation.gov.uk/asp/2025/3/section/15/4/enacted), must comply with the notice without delay.

- (2) A notice sent under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/15/1/2025-01-28) must be accompanied by a certified copy of the appointing interlocutor.

- (3) A person who receives notice under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/15/1/2025-01-28), other than a person mentioned in [subsection (4)](https://www.legislation.gov.uk/asp/2025/3/section/15/4/2025-01-28), must comply with the notice without delay.

- (4) That person is—

@@ -436,7 +436,7 @@

- (d) a public body operating wholly in relation to a reserved matter within the meaning of the Scotland Act 1998.

- (5) A person who, having received notice under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/15/1/enacted), directs the judicial factor without delay to means by which the information can be obtained (either or both)—

- (5) A person who, having received notice under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/15/1/2025-01-28), directs the judicial factor without delay to means by which the information can be obtained (either or both)—

- (a) under any other enactment,

@@ -444,7 +444,7 @@

is to be treated as having complied with the notice.

- (6) A person complying with notice under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/15/1/enacted) may charge the judicial factor a fee for supplying the information if that person is entitled under any other enactment to charge a fee for supplying the relevant information.

- (6) A person complying with notice under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/15/1/2025-01-28) may charge the judicial factor a fee for supplying the information if that person is entitled under any other enactment to charge a fee for supplying the relevant information.

- (7) Nothing in this section authorises the making of a disclosure that contravenes the data protection legislation (but in determining whether a disclosure would do so, the provision made in this Act enabling or requiring the disclosure of information is to be taken into account).

@@ -458,7 +458,7 @@

- (1) A judicial factor must ingather the factory estate.

- (2) The judicial factor may take such action as is necessary to complete title to property vested in the judicial factor by virtue of [section 9](https://www.legislation.gov.uk/asp/2025/3/section/9/enacted).

- (3) The judicial factor must—

@@ -486,9 +486,9 @@

- (3) Before determining whether to require modifications to an inventory, the Accountant may request such further information as the Accountant considers appropriate.

- (4) The judicial factor and the Accountant must each sign a copy of the inventory, as approved by the Accountant, as constituting (subject to [subsection (5)](https://www.legislation.gov.uk/asp/2025/3/section/17/5/enacted)) a definitive statement of the factory estate as at the appointment date.

- (5) The judicial factor and the Accountant may, at any time and in such manner as the Accountant may determine, take account of information discovered after the inventory is signed under [subsection (4)](https://www.legislation.gov.uk/asp/2025/3/section/17/4/enacted).

- (4) The judicial factor and the Accountant must each sign a copy of the inventory, as approved by the Accountant, as constituting (subject to [subsection (5)](https://www.legislation.gov.uk/asp/2025/3/section/17/5/2025-01-28)) a definitive statement of the factory estate as at the appointment date.

#### Management plan

@@ -514,7 +514,7 @@

- (b) any further modifications which the judicial factor considers appropriate.

- (5) [Subsections (2)](https://www.legislation.gov.uk/asp/2025/3/section/18/2/enacted) and [(3)](https://www.legislation.gov.uk/asp/2025/3/section/18/3/enacted) apply to a management plan resubmitted under [subsection (4)](https://www.legislation.gov.uk/asp/2025/3/section/18/4/enacted) as they apply to the management plan submitted under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/18/1/enacted).

- (5) [Subsections (2)](https://www.legislation.gov.uk/asp/2025/3/section/18/2/2025-01-28) and [(3)](https://www.legislation.gov.uk/asp/2025/3/section/18/3/2025-01-28) apply to a management plan resubmitted under [subsection (4)](https://www.legislation.gov.uk/asp/2025/3/section/18/4/2025-01-28) as they apply to the management plan submitted under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/18/1/2025-01-28).

- (6) Where a management plan has been approved by the Accountant, the judicial factor—

@@ -530,17 +530,17 @@

- (ii) with the addition of any further modification required by the Accountant.

- (7) The judicial factor must hold, manage, administer and protect the estate in accordance with the management plan, if a management plan has been approved under [subsection (2)](https://www.legislation.gov.uk/asp/2025/3/section/18/2/enacted)[(a)](https://www.legislation.gov.uk/asp/2025/3/section/18/2/a/enacted).

- (7) The judicial factor must hold, manage, administer and protect the estate in accordance with the management plan, if a management plan has been approved under [subsection (2)](https://www.legislation.gov.uk/asp/2025/3/section/18/2/2025-01-28)[(a)](https://www.legislation.gov.uk/asp/2025/3/section/18/2/a/2025-01-28).

- (8) The judicial factor must hold, manage, administer and protect the estate in accordance with the directions of the Accountant, if—

- (a) no management plan has been approved without modification, or

- (b) the Accountant has required a modification to the plan under [subsection (6)](https://www.legislation.gov.uk/asp/2025/3/section/18/6/enacted)[(b)](https://www.legislation.gov.uk/asp/2025/3/section/18/6/b/enacted)[(ii)](https://www.legislation.gov.uk/asp/2025/3/section/18/6/b/ii/enacted) and that modification has not been effected by the judicial factor.

- (b) the Accountant has required a modification to the plan under [subsection (6)](https://www.legislation.gov.uk/asp/2025/3/section/18/6/2025-01-28)[(b)](https://www.legislation.gov.uk/asp/2025/3/section/18/6/b/2025-01-28)[(ii)](https://www.legislation.gov.uk/asp/2025/3/section/18/6/b/ii/2025-01-28) and that modification has not been effected by the judicial factor.

- (9) The judicial factor must report to the Accountant, at such intervals as the Accountant may determine, on the holding, management, administration and protection of the factory estate.

- (10) In this section, references to holding, managing, administering and protecting the estate are to be construed in accordance with the terms of the appointing interlocutor and any variation made to the functions of the judicial factor made by the court under [section 14](https://www.legislation.gov.uk/asp/2025/3/section/14/enacted)[(2)](https://www.legislation.gov.uk/asp/2025/3/section/14/2/enacted).

- (10) In this section, references to holding, managing, administering and protecting the estate are to be construed in accordance with the terms of the appointing interlocutor and any variation made to the functions of the judicial factor made by the court under [section 14](https://www.legislation.gov.uk/asp/2025/3/section/14/2025-01-28)[(2)](https://www.legislation.gov.uk/asp/2025/3/section/14/2/2025-01-28).

### Submission of accounts, etc.

@@ -550,7 +550,7 @@

- (1) A judicial factor must, as soon reasonably practicable following the end of each reporting period, submit to the Accountant a report setting out the judicial factor’s intromissions with the factory estate during the relevant reporting period.

- (2) Reports submitted under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/19/1/enacted) must—

- (2) Reports submitted under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/19/1/2025-01-28) must—

- (a) include accounts, and

@@ -566,7 +566,7 @@

- (b) each subsequent period of the same duration.

- (4) The period specified under [subsection (3)](https://www.legislation.gov.uk/asp/2025/3/section/19/3/enacted)[(a)](https://www.legislation.gov.uk/asp/2025/3/section/19/3/a/enacted) must be—

- (4) The period specified under [subsection (3)](https://www.legislation.gov.uk/asp/2025/3/section/19/3/2025-01-28)[(a)](https://www.legislation.gov.uk/asp/2025/3/section/19/3/a/2025-01-28) must be—

- (a) not less than one year, unless the Accountant considers that there are exceptional circumstances which justify a shorter period, and

@@ -602,7 +602,7 @@

##### 22

- (1) [This section](https://www.legislation.gov.uk/asp/2025/3/section/22/enacted) applies where—

- (1) [This section](https://www.legislation.gov.uk/asp/2025/3/section/22/2025-01-28) applies where—

- (a) the factory estate was, immediately before the appointment of the judicial factor, not being managed adequately because persons who required to agree among themselves on how to manage it could not reach such agreement, and

@@ -610,15 +610,15 @@

- (2) The judicial factor must, by whatever method the judicial factor considers appropriate in the circumstances, promote agreement between the relevant parties as to how to manage the estate.

- (3) Where the judicial factor considers that the appropriate method of promoting agreement under [subsection (2)](https://www.legislation.gov.uk/asp/2025/3/section/22/2/enacted) is mediation or arbitration, the judicial factor may—

- (3) Where the judicial factor considers that the appropriate method of promoting agreement under [subsection (2)](https://www.legislation.gov.uk/asp/2025/3/section/22/2/2025-01-28) is mediation or arbitration, the judicial factor may—

- (a) act as mediator or arbitrator, as the case may be, or

- (b) appoint a suitably qualified person to act as mediator or arbitrator.

- (4) If agreement under [subsection (2)](https://www.legislation.gov.uk/asp/2025/3/section/22/2/enacted) is not reached, or does not appear to the judicial factor to be able to be reached, the judicial factor must formulate a scheme, which the judicial factor considers equitable, for the management or distribution of the estate.

- (5) A scheme under [subsection (4)](https://www.legislation.gov.uk/asp/2025/3/section/22/4/enacted) may comprise, in particular, the division and sale of all or part of the factory estate.

- (4) If agreement under [subsection (2)](https://www.legislation.gov.uk/asp/2025/3/section/22/2/2025-01-28) is not reached, or does not appear to the judicial factor to be able to be reached, the judicial factor must formulate a scheme, which the judicial factor considers equitable, for the management or distribution of the estate.

- (5) A scheme under [subsection (4)](https://www.legislation.gov.uk/asp/2025/3/section/22/4/2025-01-28) may comprise, in particular, the division and sale of all or part of the factory estate.

## Part 3 — Dealings etc. with third parties and validity of certain transactions

@@ -650,9 +650,9 @@

##### 25

- (1) [Subsection (2)](https://www.legislation.gov.uk/asp/2025/3/section/25/2/enacted) 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 27](https://www.legislation.gov.uk/asp/2025/3/section/27/enacted)—

- (1) [Subsection (2)](https://www.legislation.gov.uk/asp/2025/3/section/25/2/2025-01-28) 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 27](https://www.legislation.gov.uk/asp/2025/3/section/27/2025-01-28)—

- (a) any rights which that person or any third party has under or by virtue of the contract are enforceable against the factory estate only, and

@@ -662,7 +662,7 @@

##### 26

Subject to [section 27](https://www.legislation.gov.uk/asp/2025/3/section/27/enacted), 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.

Subject to [section 27](https://www.legislation.gov.uk/asp/2025/3/section/27/2025-01-28), 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.

#### Claims arising from acts or omissions of judicial factor

@@ -686,7 +686,7 @@

##### 28

- (1) Subject to [subsection (2)](https://www.legislation.gov.uk/asp/2025/3/section/28/2/enacted), obligations due to or by a factory estate prescribe as if there had been no appointment of a judicial factor on the estate.

- (1) Subject to [subsection (2)](https://www.legislation.gov.uk/asp/2025/3/section/28/2/2025-01-28), obligations due to or by a factory estate prescribe as if there had been no appointment of a judicial factor on the estate.

- (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.

@@ -694,7 +694,7 @@

##### 29

- (1) [This section](https://www.legislation.gov.uk/asp/2025/3/section/29/enacted) applies where a judicial factor is appointed on a trust estate and in relation to the trust estate, or any part of it, the judicial factor—

- (1) [This section](https://www.legislation.gov.uk/asp/2025/3/section/29/2025-01-28) applies where a judicial factor is appointed on a trust estate and in relation 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

@@ -706,25 +706,25 @@

- (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)](https://www.legislation.gov.uk/asp/2025/3/section/29/2/enacted)[(a)](https://www.legislation.gov.uk/asp/2025/3/section/29/2/a/enacted) being made, the Accountant may grant consent to the exercise of the function if the Accountant is satisfied that—

- (3) On an application under [subsection (2)](https://www.legislation.gov.uk/asp/2025/3/section/29/2/2025-01-28)[(a)](https://www.legislation.gov.uk/asp/2025/3/section/29/2/a/2025-01-28) being made, the Accountant may grant consent to the exercise of the function if the Accountant is satisfied that—

- (a) the exercise is in the best interest of every person who has an interest in the trust estate,

- (b) the judicial factor has complied with—

- (i) [subsection (2)](https://www.legislation.gov.uk/asp/2025/3/section/29/2/enacted)[(b)](https://www.legislation.gov.uk/asp/2025/3/section/29/2/b/enacted) (in so far as is, in the opinion of the Accountant, reasonably practicable), and

- (i) [subsection (2)](https://www.legislation.gov.uk/asp/2025/3/section/29/2/2025-01-28)[(b)](https://www.legislation.gov.uk/asp/2025/3/section/29/2/b/2025-01-28) (in so far as is, in the opinion of the Accountant, reasonably practicable), and

- (ii) any applicable rules of court, and

- (c) either—

- (i) no objection has been made under [subsection (5)](https://www.legislation.gov.uk/asp/2025/3/section/29/5/enacted)[(c)](https://www.legislation.gov.uk/asp/2025/3/section/29/5/c/enacted), or

- (i) no objection has been made under [subsection (5)](https://www.legislation.gov.uk/asp/2025/3/section/29/5/2025-01-28)[(c)](https://www.legislation.gov.uk/asp/2025/3/section/29/5/c/2025-01-28), or

- (ii) any such objection is not sufficient cause for rejecting the application.

- (4) In granting consent to the exercise of the function, the Accountant may specify that consent is given subject to such conditions as the Accountant considers appropriate.

- (5) Notification under [subsection (2)](https://www.legislation.gov.uk/asp/2025/3/section/29/2/enacted)[(b)](https://www.legislation.gov.uk/asp/2025/3/section/29/2/b/enacted) must—

- (5) Notification under [subsection (2)](https://www.legislation.gov.uk/asp/2025/3/section/29/2/2025-01-28)[(b)](https://www.legislation.gov.uk/asp/2025/3/section/29/2/b/2025-01-28) must—

- (a) be given in the manner specified in rules of court,

@@ -732,9 +732,9 @@

- (c) set out the manner and time frame in which the person receiving the notification may object to the application (as such manner and time frame may be specified in rules of court).

- (6) The judicial factor must not exercise the function unless consent is granted under [subsection (3)](https://www.legislation.gov.uk/asp/2025/3/section/29/3/enacted).

- (7) Where a judicial factor exercises a function in accordance with consent granted under [subsection (3)](https://www.legislation.gov.uk/asp/2025/3/section/29/3/enacted), the exercise is to be treated as not being at variance with the terms or purposes of the trust.

- (6) The judicial factor must not exercise the function unless consent is granted under [subsection (3)](https://www.legislation.gov.uk/asp/2025/3/section/29/3/2025-01-28).

- (7) Where a judicial factor exercises a function in accordance with consent granted under [subsection (3)](https://www.legislation.gov.uk/asp/2025/3/section/29/3/2025-01-28), the exercise is to be treated as not being at variance with the terms or purposes of the trust.

## Part 4 — Distribution of factory estate, termination, recall and discharge of judicial factor

@@ -744,7 +744,7 @@

##### 30

- (1) [This section](https://www.legislation.gov.uk/asp/2025/3/section/30/enacted) applies where a judicial factor has formulated a scheme—

- (1) [This section](https://www.legislation.gov.uk/asp/2025/3/section/30/2025-01-28) applies where a judicial factor has formulated a scheme—

- (a) for the distribution of the factory estate, on the basis that it appears to the judicial factor—

@@ -752,7 +752,7 @@

- (ii) that there are not, or may not be, sufficient funds in the factory estate to meet the continuing expenses of the judicial factory, or

- (b) which comprises a distribution of the factory estate by virtue of [section 22](https://www.legislation.gov.uk/asp/2025/3/section/22/enacted)[(4)](https://www.legislation.gov.uk/asp/2025/3/section/22/4/enacted).

- (b) which comprises a distribution of the factory estate by virtue of [section 22](https://www.legislation.gov.uk/asp/2025/3/section/22/2025-01-28)[(4)](https://www.legislation.gov.uk/asp/2025/3/section/22/4/2025-01-28).

- (2) The judicial factor must send to the Accountant—

@@ -782,13 +782,13 @@

- (5) Where the factory estate is that of a charity, the judicial factor must without delay give notice to the general public, by way of advertisement, that a scheme for the distribution of the factory estate has been approved.

- (6) The Accountant may dispense with the requirement in subsections [(4)](https://www.legislation.gov.uk/asp/2025/3/section/30/4/enacted)[(a)](https://www.legislation.gov.uk/asp/2025/3/section/30/4/a/enacted)[(ii)](https://www.legislation.gov.uk/asp/2025/3/section/30/4/a/ii/enacted) and [(5)](https://www.legislation.gov.uk/asp/2025/3/section/30/5/enacted), in whole or in part, on cause shown.

- (7) A person who receives intimation under [subsection (4)](https://www.legislation.gov.uk/asp/2025/3/section/30/4/enacted)[(a)](https://www.legislation.gov.uk/asp/2025/3/section/30/4/a/enacted) may, within the period of 21 days beginning on the day the person receives the intimation, lodge with the Accountant an objection to there being a distribution in accordance with the approved scheme.

- (8) If no objection is lodged under [subsection (7)](https://www.legislation.gov.uk/asp/2025/3/section/30/7/enacted) (or an objection is lodged but subsequently withdrawn), the judicial factor must distribute the estate in accordance with the approved scheme.

- (9) If an objection is lodged under [subsection (7)](https://www.legislation.gov.uk/asp/2025/3/section/30/7/enacted) (and is not subsequently withdrawn), the Accountant must—

- (6) The Accountant may dispense with the requirement in subsections [(4)](https://www.legislation.gov.uk/asp/2025/3/section/30/4/2025-01-28)[(a)](https://www.legislation.gov.uk/asp/2025/3/section/30/4/a/2025-01-28)[(ii)](https://www.legislation.gov.uk/asp/2025/3/section/30/4/a/ii/2025-01-28) and [(5)](https://www.legislation.gov.uk/asp/2025/3/section/30/5/2025-01-28), in whole or in part, on cause shown.

- (7) A person who receives intimation under [subsection (4)](https://www.legislation.gov.uk/asp/2025/3/section/30/4/2025-01-28)[(a)](https://www.legislation.gov.uk/asp/2025/3/section/30/4/a/2025-01-28) may, within the period of 21 days beginning on the day the person receives the intimation, lodge with the Accountant an objection to there being a distribution in accordance with the approved scheme.

- (8) If no objection is lodged under [subsection (7)](https://www.legislation.gov.uk/asp/2025/3/section/30/7/2025-01-28) (or an objection is lodged but subsequently withdrawn), the judicial factor must distribute the estate in accordance with the approved scheme.

- (9) If an objection is lodged under [subsection (7)](https://www.legislation.gov.uk/asp/2025/3/section/30/7/2025-01-28) (and is not subsequently withdrawn), the Accountant must—

- (a) refer the objection to the court which appointed the judicial factor, and

@@ -796,7 +796,7 @@

- (i) the judicial factor, and

- (ii) each person to whom intimation was given under [subsection (4)](https://www.legislation.gov.uk/asp/2025/3/section/30/4/enacted)[(a)](https://www.legislation.gov.uk/asp/2025/3/section/30/4/a/enacted).

- (ii) each person to whom intimation was given under [subsection (4)](https://www.legislation.gov.uk/asp/2025/3/section/30/4/2025-01-28)[(a)](https://www.legislation.gov.uk/asp/2025/3/section/30/4/a/2025-01-28).

- (10) The court must require the objector 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.

@@ -808,7 +808,7 @@

- (c) make such other order as the court considers appropriate.

- (12) This section and [sections 31](https://www.legislation.gov.uk/asp/2025/3/section/31/enacted) and [32](https://www.legislation.gov.uk/asp/2025/3/section/32/enacted) apply in relation to any formulation, scheme, approval, application or recording in relation to a part only of a factory estate as they apply in relation to a factory estate.

- (12) This section and [sections 31](https://www.legislation.gov.uk/asp/2025/3/section/31/2025-01-28) and [32](https://www.legislation.gov.uk/asp/2025/3/section/32/2025-01-28) apply in relation to any formulation, scheme, approval, application or recording in relation to a part only of a factory estate as they apply in relation to a factory estate.

#### Application for distribution of factory estate

@@ -816,7 +816,7 @@

- (1) A person with an interest in the distribution of the factory estate (“*the applicant*”) may apply to the court for distribution in such manner as the court considers appropriate.

- (2) Where an application is made under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/31/1/enacted), the applicant must intimate the application without delay to—

- (2) Where an application is made under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/31/1/2025-01-28), the applicant must intimate the application without delay to—

- (a) the judicial factor (if the judicial factor is not the applicant),

@@ -824,9 +824,9 @@

- (c) any other person to whom the court directs that intimation should be made.

- (3) The court may dispense with the requirement in [subsection (2)](https://www.legislation.gov.uk/asp/2025/3/section/31/2/enacted), in whole or in part, on cause shown.

- (4) On an application being made under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/31/1/enacted), the court must give the opportunity to make representations in relation to the application to—

- (3) The court may dispense with the requirement in [subsection (2)](https://www.legislation.gov.uk/asp/2025/3/section/31/2/2025-01-28), in whole or in part, on cause shown.

- (4) On an application being made under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/31/1/2025-01-28), the court must give the opportunity to make representations in relation to the application to—

- (a) the applicant,

@@ -866,7 +866,7 @@

##### 32

- (1) [This section](https://www.legislation.gov.uk/asp/2025/3/section/32/enacted) applies where a judicial factor has distributed the factory estate by virtue of [section 30](https://www.legislation.gov.uk/asp/2025/3/section/30/enacted)[(8)](https://www.legislation.gov.uk/asp/2025/3/section/30/8/enacted) or [(11)](https://www.legislation.gov.uk/asp/2025/3/section/30/11/enacted) or [section 31](https://www.legislation.gov.uk/asp/2025/3/section/31/enacted)[(5)](https://www.legislation.gov.uk/asp/2025/3/section/31/5/enacted)[(a)](https://www.legislation.gov.uk/asp/2025/3/section/31/5/a/enacted).

- (1) [This section](https://www.legislation.gov.uk/asp/2025/3/section/32/2025-01-28) applies where a judicial factor has distributed the factory estate by virtue of [section 30](https://www.legislation.gov.uk/asp/2025/3/section/30/2025-01-28)[(8)](https://www.legislation.gov.uk/asp/2025/3/section/30/8/2025-01-28) or [(11)](https://www.legislation.gov.uk/asp/2025/3/section/30/11/2025-01-28) or [section 31](https://www.legislation.gov.uk/asp/2025/3/section/31/2025-01-28)[(5)](https://www.legislation.gov.uk/asp/2025/3/section/31/5/2025-01-28)[(a)](https://www.legislation.gov.uk/asp/2025/3/section/31/5/a/2025-01-28).

- (2) The judicial factor must apply to the Accountant—

@@ -876,9 +876,9 @@

- (c) for the judicial factor to be discharged.

- (3) An application under [subsection (2)](https://www.legislation.gov.uk/asp/2025/3/section/32/2/enacted) must be accompanied by a copy of the judicial factor’s final accounts for the factory estate.

- (4) The Accountant must audit the final accounts and, except where [subsection (5)](https://www.legislation.gov.uk/asp/2025/3/section/32/5/enacted) applies, grant the judicial factor a certificate—

- (3) An application under [subsection (2)](https://www.legislation.gov.uk/asp/2025/3/section/32/2/2025-01-28) must be accompanied by a copy of the judicial factor’s final accounts for the factory estate.

- (4) The Accountant must audit the final accounts and, except where [subsection (5)](https://www.legislation.gov.uk/asp/2025/3/section/32/5/2025-01-28) applies, grant the judicial factor a certificate—

- (a) terminating the judicial factory,

@@ -886,11 +886,11 @@

- (c) discharging the judicial factor.

- (5) If, after auditing the final accounts, the Accountant considers or suspects there has been misconduct or failure on the part of the judicial factor, [section 41](https://www.legislation.gov.uk/asp/2025/3/section/41/enacted) applies.

- (6) As soon as reasonably practicable the Accountant must send the certificate to the Keeper for recording in the Register of Inhibitions.

- (7) Any fee payable by virtue of [subsection (6)](https://www.legislation.gov.uk/asp/2025/3/section/32/6/enacted) is to be met from the factory estate.

- (7) Any fee payable by virtue of [subsection (6)](https://www.legislation.gov.uk/asp/2025/3/section/32/6/2025-01-28) is to be met from the factory estate.

### Appointment of replacement judicial factor

@@ -900,27 +900,27 @@

- (1) Where a judicial factor (“the original judicial factor”)—

- (a) dies, and no application is lodged by any person for a judicial factor to be appointed in place of the original judicial factor, [subsection (2)](https://www.legislation.gov.uk/asp/2025/3/section/33/2/enacted) applies,

- (b) ceases for whatever reason to perform the duties of a judicial factor and no application is lodged by any person for a judicial factor to be appointed in place of the original judicial factor, [subsection (3)](https://www.legislation.gov.uk/asp/2025/3/section/33/3/enacted) applies.

- (2) Where this subsection applies, if the Accountant is of the opinion that the purpose for which the original judicial factor was appointed still exists, the Accountant must apply to the court for the appointment of a judicial factor under [section 1](https://www.legislation.gov.uk/asp/2025/3/section/1/enacted)[(1)](https://www.legislation.gov.uk/asp/2025/3/section/1/1/enacted), in place of the original judicial factor.

- (2) Where this subsection applies, if the Accountant is of the opinion that the purpose for which the original judicial factor was appointed still exists, the Accountant must apply to the court for the appointment of a judicial factor under [section 1](https://www.legislation.gov.uk/asp/2025/3/section/1/2025-01-28)[(1)](https://www.legislation.gov.uk/asp/2025/3/section/1/1/2025-01-28), in place of the original judicial factor.

- (3) Where this subsection applies, if the Accountant is of the opinion that the purpose for which the original judicial factor was appointed still exists, the Accountant must apply to the court—

- (a) for the recall of the original judicial factor’s appointment, and

- (b) under [section 1](https://www.legislation.gov.uk/asp/2025/3/section/1/enacted)[(1)](https://www.legislation.gov.uk/asp/2025/3/section/1/1/enacted), for a judicial factor to be appointed in place of the original judicial factor.

- (4) Where either [subsection (2)](https://www.legislation.gov.uk/asp/2025/3/section/33/2/enacted) or [(3)](https://www.legislation.gov.uk/asp/2025/3/section/33/3/enacted) applies, if the Accountant is of the opinion that—

- (b) under [section 1](https://www.legislation.gov.uk/asp/2025/3/section/1/2025-01-28)[(1)](https://www.legislation.gov.uk/asp/2025/3/section/1/1/2025-01-28), for a judicial factor to be appointed in place of the original judicial factor.

- (4) Where either [subsection (2)](https://www.legislation.gov.uk/asp/2025/3/section/33/2/2025-01-28) or [(3)](https://www.legislation.gov.uk/asp/2025/3/section/33/3/2025-01-28) applies, if the Accountant is of the opinion that—

- (a) the purpose for which the original judicial factor was appointed no longer exists, and

- (b) some actings are required to bring the judicial factory to an end,

the Accountant must apply to the court under [section 1](https://www.legislation.gov.uk/asp/2025/3/section/1/enacted)[(1)](https://www.legislation.gov.uk/asp/2025/3/section/1/1/enacted) for a judicial factor to be appointed in place of the original judicial factor to carry out those actings.

- (5) A judicial factor appointed by virtue of [subsection (2)](https://www.legislation.gov.uk/asp/2025/3/section/33/2/enacted), [(3)](https://www.legislation.gov.uk/asp/2025/3/section/33/3/enacted) or [(4)](https://www.legislation.gov.uk/asp/2025/3/section/33/4/enacted) (“the replacement judicial factor”) must—

the Accountant must apply to the court under [section 1](https://www.legislation.gov.uk/asp/2025/3/section/1/2025-01-28)[(1)](https://www.legislation.gov.uk/asp/2025/3/section/1/1/2025-01-28) for a judicial factor to be appointed in place of the original judicial factor to carry out those actings.

- (5) A judicial factor appointed by virtue of [subsection (2)](https://www.legislation.gov.uk/asp/2025/3/section/33/2/2025-01-28), [(3)](https://www.legislation.gov.uk/asp/2025/3/section/33/3/2025-01-28) or [(4)](https://www.legislation.gov.uk/asp/2025/3/section/33/4/2025-01-28) (“the replacement judicial factor”) must—

- (a) bring the accounts relating to the factory estate up to date,

@@ -928,9 +928,9 @@

- (c) on its appearing to the replacement judicial factor to be appropriate to do so, apply to the Accountant for discharge of the original judicial factor.

- (6) The Accountant may grant an application made under [paragraph (c)](https://www.legislation.gov.uk/asp/2025/3/section/33/5/c/enacted) of [subsection (5)](https://www.legislation.gov.uk/asp/2025/3/section/33/5/enacted) if satisfied that it is appropriate to do so.

- (7) The expenses of any application lodged under [subsection (2)](https://www.legislation.gov.uk/asp/2025/3/section/33/2/enacted), [(3)](https://www.legislation.gov.uk/asp/2025/3/section/33/3/enacted) or [(4)](https://www.legislation.gov.uk/asp/2025/3/section/33/4/enacted) are, unless the court determines otherwise, to be met from the factory estate.

- (6) The Accountant may grant an application made under [paragraph (c)](https://www.legislation.gov.uk/asp/2025/3/section/33/5/c/2025-01-28) of [subsection (5)](https://www.legislation.gov.uk/asp/2025/3/section/33/5/2025-01-28) if satisfied that it is appropriate to do so.

- (7) The expenses of any application lodged under [subsection (2)](https://www.legislation.gov.uk/asp/2025/3/section/33/2/2025-01-28), [(3)](https://www.legislation.gov.uk/asp/2025/3/section/33/3/2025-01-28) or [(4)](https://www.legislation.gov.uk/asp/2025/3/section/33/4/2025-01-28) are, unless the court determines otherwise, to be met from the factory estate.

### Other applications for recall and discharge

@@ -938,19 +938,19 @@

##### 34

- (1) Where a judicial factor wishes to resign other than in the circumstances mentioned in [section 30](https://www.legislation.gov.uk/asp/2025/3/section/30/enacted)[(1)](https://www.legislation.gov.uk/asp/2025/3/section/30/1/enacted)[(a)](https://www.legislation.gov.uk/asp/2025/3/section/30/1/a/enacted) or [(b)](https://www.legislation.gov.uk/asp/2025/3/section/30/1/b/enacted), the court may, on application by the judicial factor—

- (1) Where a judicial factor wishes to resign other than in the circumstances mentioned in [section 30](https://www.legislation.gov.uk/asp/2025/3/section/30/2025-01-28)[(1)](https://www.legislation.gov.uk/asp/2025/3/section/30/1/2025-01-28)[(a)](https://www.legislation.gov.uk/asp/2025/3/section/30/1/a/2025-01-28) or [(b)](https://www.legislation.gov.uk/asp/2025/3/section/30/1/b/2025-01-28), 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 factor’s appointment recalled other than in the circumstances mentioned in [section 30](https://www.legislation.gov.uk/asp/2025/3/section/30/enacted)[(1)](https://www.legislation.gov.uk/asp/2025/3/section/30/1/enacted)[(a)](https://www.legislation.gov.uk/asp/2025/3/section/30/1/a/enacted) or [(b)](https://www.legislation.gov.uk/asp/2025/3/section/30/1/b/enacted), the court may recall the judicial factor’s appointment.

- (3) An application for recall and discharge under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/34/1/enacted), or for recall under [subsection (2)](https://www.legislation.gov.uk/asp/2025/3/section/34/2/enacted), must include an application for appointment of a judicial factor (a “replacement judicial factor”) on the factory estate in place of the judicial factor whose appointment is to be recalled.

- (4) The court must not grant recall under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/34/1/enacted) or [(2)](https://www.legislation.gov.uk/asp/2025/3/section/34/2/enacted) unless, at the same time, it appoints a replacement judicial factor.

- (5) A judicial factor who makes an application under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/34/1/enacted), or an applicant under [subsection (2)](https://www.legislation.gov.uk/asp/2025/3/section/34/2/enacted), must intimate the application without delay to—

- (2) Where a person (the “applicant”) other than the judicial factor applies to have the judicial factor’s appointment recalled other than in the circumstances mentioned in [section 30](https://www.legislation.gov.uk/asp/2025/3/section/30/2025-01-28)[(1)](https://www.legislation.gov.uk/asp/2025/3/section/30/1/2025-01-28)[(a)](https://www.legislation.gov.uk/asp/2025/3/section/30/1/a/2025-01-28) or [(b)](https://www.legislation.gov.uk/asp/2025/3/section/30/1/b/2025-01-28), the court may recall the judicial factor’s appointment.

- (3) An application for recall and discharge under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/34/1/2025-01-28), or for recall under [subsection (2)](https://www.legislation.gov.uk/asp/2025/3/section/34/2/2025-01-28), must include an application for appointment of a judicial factor (a “replacement judicial factor”) on the factory estate in place of the judicial factor whose appointment is to be recalled.

- (4) The court must not grant recall under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/34/1/2025-01-28) or [(2)](https://www.legislation.gov.uk/asp/2025/3/section/34/2/2025-01-28) unless, at the same time, it appoints a replacement judicial factor.

- (5) A judicial factor who makes an application under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/34/1/2025-01-28), or an applicant under [subsection (2)](https://www.legislation.gov.uk/asp/2025/3/section/34/2/2025-01-28), must intimate the application without delay to—

- (a) the Accountant,

@@ -958,11 +958,11 @@

- (c) any other person to whom the court directs that intimation should be made.

- (6) The court may dispense with the requirement in [subsection (5)](https://www.legislation.gov.uk/asp/2025/3/section/34/5/enacted), in whole or in part, on cause shown.

- (7) When the court grants recall under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/34/1/enacted) or [(2)](https://www.legislation.gov.uk/asp/2025/3/section/34/2/enacted), the judicial factor must send a copy of the accounts for the factory estate to the Accountant.

- (8) When an application for recall under [subsection (2)](https://www.legislation.gov.uk/asp/2025/3/section/34/2/enacted) is made—

- (6) The court may dispense with the requirement in [subsection (5)](https://www.legislation.gov.uk/asp/2025/3/section/34/5/2025-01-28), in whole or in part, on cause shown.

- (7) When the court grants recall under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/34/1/2025-01-28) or [(2)](https://www.legislation.gov.uk/asp/2025/3/section/34/2/2025-01-28), the judicial factor must send a copy of the accounts for the factory estate to the Accountant.

- (8) When an application for recall under [subsection (2)](https://www.legislation.gov.uk/asp/2025/3/section/34/2/2025-01-28) 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,

@@ -972,17 +972,17 @@

- (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.

- (9) On receiving a copy of the judicial factor’s accounts by virtue of [subsection (7)](https://www.legislation.gov.uk/asp/2025/3/section/34/7/enacted), the Accountant must audit those accounts and present to the court a report—

- (9) On receiving a copy of the judicial factor’s accounts by virtue of [subsection (7)](https://www.legislation.gov.uk/asp/2025/3/section/34/7/2025-01-28), 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, where the judicial factor applied to be discharged under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/34/1/enacted) or [(8)](https://www.legislation.gov.uk/asp/2025/3/section/34/8/enacted)[(a)](https://www.legislation.gov.uk/asp/2025/3/section/34/8/a/enacted), the discharge ought to be granted.

- (b) as to whether, in the Accountant’s view, where the judicial factor applied to be discharged under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/34/1/2025-01-28) or [(8)](https://www.legislation.gov.uk/asp/2025/3/section/34/8/2025-01-28)[(a)](https://www.legislation.gov.uk/asp/2025/3/section/34/8/a/2025-01-28), the discharge ought to be granted.

- (10) The court must not grant—

- (a) discharge under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/34/1/enacted), or

- (b) discharge under [subsection (8)](https://www.legislation.gov.uk/asp/2025/3/section/34/8/enacted)[(a)](https://www.legislation.gov.uk/asp/2025/3/section/34/8/a/enacted),

- (a) discharge under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/34/1/2025-01-28), or

- (b) discharge under [subsection (8)](https://www.legislation.gov.uk/asp/2025/3/section/34/8/2025-01-28)[(a)](https://www.legislation.gov.uk/asp/2025/3/section/34/8/a/2025-01-28),

until the court has received and considered a report under subsection (9), and made such further inquiry (if any) as it considers necessary.

@@ -994,13 +994,13 @@

- (1) Where a replacement judicial factor is appointed by virtue of—

- (a) [section 33](https://www.legislation.gov.uk/asp/2025/3/section/33/enacted)[(2)](https://www.legislation.gov.uk/asp/2025/3/section/33/2/enacted), [(3)](https://www.legislation.gov.uk/asp/2025/3/section/33/3/enacted)[(b)](https://www.legislation.gov.uk/asp/2025/3/section/33/3/b/enacted) or [(4)](https://www.legislation.gov.uk/asp/2025/3/section/33/4/enacted),

- (b) [section 34](https://www.legislation.gov.uk/asp/2025/3/section/34/enacted)[(4)](https://www.legislation.gov.uk/asp/2025/3/section/34/4/enacted), and the judicial factor whose appointment has been recalled (“the original judicial factor”) has not been discharged,

- (a) [section 33](https://www.legislation.gov.uk/asp/2025/3/section/33/2025-01-28)[(2)](https://www.legislation.gov.uk/asp/2025/3/section/33/2/2025-01-28), [(3)](https://www.legislation.gov.uk/asp/2025/3/section/33/3/2025-01-28)[(b)](https://www.legislation.gov.uk/asp/2025/3/section/33/3/b/2025-01-28) or [(4)](https://www.legislation.gov.uk/asp/2025/3/section/33/4/2025-01-28),

- (b) [section 34](https://www.legislation.gov.uk/asp/2025/3/section/34/2025-01-28)[(4)](https://www.legislation.gov.uk/asp/2025/3/section/34/4/2025-01-28), and the judicial factor whose appointment has been recalled (“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 34](https://www.legislation.gov.uk/asp/2025/3/section/34/enacted)[(4)](https://www.legislation.gov.uk/asp/2025/3/section/34/4/enacted) 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 replacement judicial factor.

- (2) Where a replacement judicial factor is appointed by virtue of [section 34](https://www.legislation.gov.uk/asp/2025/3/section/34/2025-01-28)[(4)](https://www.legislation.gov.uk/asp/2025/3/section/34/4/2025-01-28) 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 replacement judicial factor.

### Termination of judicial factory where insufficient funds

@@ -1008,15 +1008,15 @@

##### 36

- (1) [This section](https://www.legislation.gov.uk/asp/2025/3/section/36/enacted) applies where the Accountant is satisfied that there are not sufficient funds in the factory estate to meet the expenses of, or arising in connection with—

- (a) any formulation by the judicial factor of a scheme under [section 30](https://www.legislation.gov.uk/asp/2025/3/section/30/enacted)[(1)](https://www.legislation.gov.uk/asp/2025/3/section/30/1/enacted),

- (1) [This section](https://www.legislation.gov.uk/asp/2025/3/section/36/2025-01-28) applies where the Accountant is satisfied that there are not sufficient funds in the factory estate to meet the expenses of, or arising in connection with—

- (a) any formulation by the judicial factor of a scheme under [section 30](https://www.legislation.gov.uk/asp/2025/3/section/30/2025-01-28)[(1)](https://www.legislation.gov.uk/asp/2025/3/section/30/1/2025-01-28),

- (b) the seeking of approval of such a scheme, or

- (c) distribution of the factory estate in accordance with such a scheme.

- (2) The Accountant must, except where [subsection (5)](https://www.legislation.gov.uk/asp/2025/3/section/36/5/enacted) applies—

- (2) The Accountant must, except where [subsection (5)](https://www.legislation.gov.uk/asp/2025/3/section/36/5/2025-01-28) applies—

- (a) direct the judicial factor to distribute the funds in the factory estate in any way the Accountant considers appropriate,

@@ -1026,11 +1026,11 @@

- (d) discharge the judicial factor.

- (3) As soon as reasonably practicable after terminating a judicial factory under [subsection (2)](https://www.legislation.gov.uk/asp/2025/3/section/36/2/enacted)[(b)](https://www.legislation.gov.uk/asp/2025/3/section/36/2/b/enacted) the Accountant must send the certificate of termination, recall and discharge to the Keeper for recording in the Register of Inhibitions.

- (4) Any fee payable by virtue of [subsection (3)](https://www.legislation.gov.uk/asp/2025/3/section/36/3/enacted) is to be met from the factory estate.

- (5) If the Accountant considers or suspects there has been misconduct or failure on the part of the judicial factor, [section 41](https://www.legislation.gov.uk/asp/2025/3/section/41/enacted) applies.

- (3) As soon as reasonably practicable after terminating a judicial factory under [subsection (2)](https://www.legislation.gov.uk/asp/2025/3/section/36/2/2025-01-28)[(b)](https://www.legislation.gov.uk/asp/2025/3/section/36/2/b/2025-01-28) the Accountant must send the certificate of termination, recall and discharge to the Keeper for recording in the Register of Inhibitions.

- (4) Any fee payable by virtue of [subsection (3)](https://www.legislation.gov.uk/asp/2025/3/section/36/3/2025-01-28) is to be met from the factory estate.

### Ending of judicial factor’s accountability on discharge

@@ -1044,7 +1044,7 @@

- (b) the judicial factor is discharged by the Accountant.

- (2) [Subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/37/1/enacted) does not apply to any acts or omissions in relation to which the judicial factor has incurred criminal liability in the course of holding, managing, administering or protecting the estate.

- (2) [Subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/37/1/2025-01-28) does not apply to any acts or omissions in relation to which the judicial factor has incurred criminal liability in the course of holding, managing, administering or protecting the estate.

## Part 5 — Accountant of court

@@ -1058,11 +1058,11 @@

- (2) The Scottish Ministers—

- (a) must from time to time review the criteria to be taken into account by the SCTS in appointing a person to the office of Accountant of Court under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/38/1/enacted),

- (b) may, by regulations, change the criteria if the Scottish Ministers consider it appropriate to do so.

- (3) Regulations under [subsection (2)](https://www.legislation.gov.uk/asp/2025/3/section/38/2/enacted)—

- (3) Regulations under [subsection (2)](https://www.legislation.gov.uk/asp/2025/3/section/38/2/2025-01-28)—

- (a) may modify any enactment (including this Act),

@@ -1074,15 +1074,15 @@

- (6) The Accountant must charge a fee for anything done by the Accountant in connection with the Accountant’s functions under this Act.

- (7) Fees charged under [subsection (6)](https://www.legislation.gov.uk/asp/2025/3/section/38/6/enacted) must—

- (7) Fees charged under [subsection (6)](https://www.legislation.gov.uk/asp/2025/3/section/38/6/2025-01-28) must—

- (a) be sufficient to cover any outlays reasonably incurred by the Accountant in connection with the Accountant’s functions under this Act,

- (b) other than fees charged under [section 46](https://www.legislation.gov.uk/asp/2025/3/section/46/enacted)[(2)](https://www.legislation.gov.uk/asp/2025/3/section/46/2/enacted), be met from the factory estate.

- (8) Any sum received by the Accountant other than as remuneration, including any sum received by virtue of [subsection (6)](https://www.legislation.gov.uk/asp/2025/3/section/38/6/enacted), is to be accounted for in such manner as the SCTS may direct.

- (9) The Accountant may waive the right to recover a particular fee charged by virtue of [subsection (6)](https://www.legislation.gov.uk/asp/2025/3/section/38/6/enacted) if satisfied that it is unlikely to be recovered.

- (b) other than fees charged under [section 46](https://www.legislation.gov.uk/asp/2025/3/section/46/2025-01-28)[(2)](https://www.legislation.gov.uk/asp/2025/3/section/46/2/2025-01-28), be met from the factory estate.

- (8) Any sum received by the Accountant other than as remuneration, including any sum received by virtue of [subsection (6)](https://www.legislation.gov.uk/asp/2025/3/section/38/6/2025-01-28), is to be accounted for in such manner as the SCTS may direct.

- (9) The Accountant may waive the right to recover a particular fee charged by virtue of [subsection (6)](https://www.legislation.gov.uk/asp/2025/3/section/38/6/2025-01-28) if satisfied that it is unlikely to be recovered.

#### Depute Accountant

@@ -1094,17 +1094,17 @@

- (3) The Scottish Ministers—

- (a) must from time to time review the criteria to be taken into account by the SCTS in appointing a person to the office of Depute Accountant under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/39/1/enacted),

- (b) may, by regulations, change the criteria if the Scottish Ministers consider it appropriate to do so.

- (4) Regulations under [subsection (3)](https://www.legislation.gov.uk/asp/2025/3/section/39/3/enacted)—

- (4) Regulations under [subsection (3)](https://www.legislation.gov.uk/asp/2025/3/section/39/3/2025-01-28)—

- (a) may modify any enactment (including this Act),

- (b) are subject to the affirmative procedure.

- (5) During the period mentioned in [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/39/1/enacted)—

- (5) During the period mentioned in [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/39/1/2025-01-28)—

- (a) the functions of the Accountant are to be carried out instead by the Depute Accountant,

@@ -1136,13 +1136,13 @@

##### 41

- (1) [Subsection (2)](https://www.legislation.gov.uk/asp/2025/3/section/41/2/enacted) applies where the Accountant has reason to believe that a judicial factor—

- (1) [Subsection (2)](https://www.legislation.gov.uk/asp/2025/3/section/41/2/2025-01-28) applies where the Accountant has reason to believe that a judicial factor—

- (a) has engaged, or is engaging, in misconduct,

- (b) has failed, or is failing, to discharge a duty, or

- (c) has failed, or is failing, to comply with an instruction given under [section 40](https://www.legislation.gov.uk/asp/2025/3/section/40/enacted)[(2)](https://www.legislation.gov.uk/asp/2025/3/section/40/2/enacted).

- (c) has failed, or is failing, to comply with an instruction given under [section 40](https://www.legislation.gov.uk/asp/2025/3/section/40/2025-01-28)[(2)](https://www.legislation.gov.uk/asp/2025/3/section/40/2/2025-01-28).

- (2) The Accountant must—

@@ -1150,7 +1150,7 @@

- (b) give the judicial factor an opportunity to make representations in relation to the matter.

- (3) [Subsection (4)](https://www.legislation.gov.uk/asp/2025/3/section/41/4/enacted) applies where, having made inquiries under [subsection (2)](https://www.legislation.gov.uk/asp/2025/3/section/41/2/enacted), the Accountant is satisfied that there is, or has been, serious misconduct or material failure on the part of the judicial factor.

- (3) [Subsection (4)](https://www.legislation.gov.uk/asp/2025/3/section/41/4/2025-01-28) applies where, having made inquiries under [subsection (2)](https://www.legislation.gov.uk/asp/2025/3/section/41/2/2025-01-28), the Accountant is satisfied that there is, or has been, serious misconduct or material failure on the part of the judicial factor.

- (4) The Accountant must report the misconduct or failure—

@@ -1162,13 +1162,13 @@

- (ii) where another person deals with complaints made in relation to members of that professional body (whether by virtue of enactment or administrative arrangements to that effect), to that person.

- (5) A court which receives a report under [subsection (4)](https://www.legislation.gov.uk/asp/2025/3/section/41/4/enacted)[(a)](https://www.legislation.gov.uk/asp/2025/3/section/41/4/a/enacted)—

- (5) A court which receives a report under [subsection (4)](https://www.legislation.gov.uk/asp/2025/3/section/41/4/2025-01-28)[(a)](https://www.legislation.gov.uk/asp/2025/3/section/41/4/a/2025-01-28)—

- (a) must give the judicial factor an opportunity to make representations before it disposes of the matter,

- (b) may dispose of the matter in whatever manner it considers appropriate.

- (6) A disposal by the court under [subsection (5)](https://www.legislation.gov.uk/asp/2025/3/section/41/5/enacted)[(b)](https://www.legislation.gov.uk/asp/2025/3/section/41/5/b/enacted)—

- (6) A disposal by the court under [subsection (5)](https://www.legislation.gov.uk/asp/2025/3/section/41/5/2025-01-28)[(b)](https://www.legislation.gov.uk/asp/2025/3/section/41/5/b/2025-01-28)—

- (a) is final and is conclusive against both the Accountant and the judicial factor,

@@ -1178,7 +1178,7 @@

- (ii) failure to discharge a duty, or

- (iii) failure to comply with an instruction under [section 40](https://www.legislation.gov.uk/asp/2025/3/section/40/enacted)[(2)](https://www.legislation.gov.uk/asp/2025/3/section/40/2/enacted).

- (iii) failure to comply with an instruction under [section 40](https://www.legislation.gov.uk/asp/2025/3/section/40/2025-01-28)[(2)](https://www.legislation.gov.uk/asp/2025/3/section/40/2/2025-01-28).

### Power of Accountant to require information

@@ -1188,7 +1188,7 @@

- (1) The Accountant may serve written notice on the judicial factor or any other person requesting that the judicial factor or other person, as the case may be, provide such information specified in the notice as the Accountant reasonably considers relevant to the Accountant’s functions under this Act.

- (2) A person who receives notice under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/42/1/enacted), other than a person mentioned in [subsection (3)](https://www.legislation.gov.uk/asp/2025/3/section/42/3/enacted), must comply with the notice without delay.

- (2) A person who receives notice under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/42/1/2025-01-28), other than a person mentioned in [subsection (3)](https://www.legislation.gov.uk/asp/2025/3/section/42/3/2025-01-28), must comply with the notice without delay.

- (3) That person is—

@@ -1200,7 +1200,7 @@

- (d) a public body operating wholly in relation to a reserved matter within the meaning of the Scotland Act 1998.

- (4) A person who, having received notice under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/42/1/enacted), directs the Accountant without delay to means by which the information can be obtained (either or both)—

- (4) A person who, having received notice under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/42/1/2025-01-28), directs the Accountant without delay to means by which the information can be obtained (either or both)—

- (a) under any other enactment,

@@ -1208,7 +1208,7 @@

is to be treated as having complied with the notice.

- (5) A person complying with notice under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/42/1/enacted) may charge the Accountant a fee for supplying the information if that person is entitled under any other enactment to charge a fee for supplying the relevant information.

- (5) A person complying with notice under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/42/1/2025-01-28) may charge the Accountant a fee for supplying the information if that person is entitled under any other enactment to charge a fee for supplying the relevant information.

- (6) Nothing in this section authorises the making of a disclosure that contravenes the data protection legislation (but in determining whether a disclosure would do so, the provision made in this Act enabling or requiring the disclosure of information is to be taken into account).

@@ -1242,15 +1242,15 @@

- (b) makes any correction to the accounts, then the Accountant (or the person), on being required to do so by the judicial factor, must explain the correction and the reason for making it.

- (6) Any costs incurred in remitting the accounts to a person under [subsection (2)](https://www.legislation.gov.uk/asp/2025/3/section/43/2/enacted)[(b)](https://www.legislation.gov.uk/asp/2025/3/section/43/2/b/enacted) are to be met from the factory estate.

- (6) Any costs incurred in remitting the accounts to a person under [subsection (2)](https://www.legislation.gov.uk/asp/2025/3/section/43/2/2025-01-28)[(b)](https://www.legislation.gov.uk/asp/2025/3/section/43/2/b/2025-01-28) are to be met from the factory estate.

#### Audit by Accountant: objection and appeal

##### 44

- (1) Subject to [subsections (2)](https://www.legislation.gov.uk/asp/2025/3/section/44/2/enacted) to [(5)](https://www.legislation.gov.uk/asp/2025/3/section/44/5/enacted)—

- (a) an audit completed in accordance with [section 43](https://www.legislation.gov.uk/asp/2025/3/section/43/enacted),

- (1) Subject to [subsections (2)](https://www.legislation.gov.uk/asp/2025/3/section/44/2/2025-01-28) to [(5)](https://www.legislation.gov.uk/asp/2025/3/section/44/5/2025-01-28)—

- (a) an audit completed in accordance with [section 43](https://www.legislation.gov.uk/asp/2025/3/section/43/2025-01-28),

- (b) the accounts to which the audit relates, and

@@ -1260,15 +1260,15 @@

- (2) The judicial factor to whom the report relates may lodge a written objection to the report with the Accountant within the period of 21 days beginning on the day on which the judicial factor receives the report.

- (3) The Accountant must consider any objection lodged under [subsection (2)](https://www.legislation.gov.uk/asp/2025/3/section/44/2/enacted) and, following that consideration, may—

- (3) The Accountant must consider any objection lodged under [subsection (2)](https://www.legislation.gov.uk/asp/2025/3/section/44/2/2025-01-28) and, following that consideration, may—

- (a) amend the results and report of the audit in order to take account of matters raised in the objection, or

- (b) dismiss the objection.

- (4) Where the Accountant dismisses an objection under [subsection (3)](https://www.legislation.gov.uk/asp/2025/3/section/44/3/enacted)[(b)](https://www.legislation.gov.uk/asp/2025/3/section/44/3/b/enacted) the judicial factor may require the Accountant to refer the objection for determination by the court which appointed the judicial factor.

- (5) The determination of the court in relation to an objection referred under [subsection (4)](https://www.legislation.gov.uk/asp/2025/3/section/44/4/enacted) is final and is conclusive against both the Accountant and the judicial factor.

- (4) Where the Accountant dismisses an objection under [subsection (3)](https://www.legislation.gov.uk/asp/2025/3/section/44/3/2025-01-28)[(b)](https://www.legislation.gov.uk/asp/2025/3/section/44/3/b/2025-01-28) the judicial factor may require the Accountant to refer the objection for determination by the court which appointed the judicial factor.

- (5) The determination of the court in relation to an objection referred under [subsection (4)](https://www.legislation.gov.uk/asp/2025/3/section/44/4/2025-01-28) is final and is conclusive against both the Accountant and the judicial factor.

### Annual review

@@ -1284,11 +1284,11 @@

- (b) information which must be contained in the review, and

- (c) the definition of “*reporting year*” for the purposes of [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/45/1/enacted).

- (c) the definition of “*reporting year*” for the purposes of [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/45/1/2025-01-28).

- (3) The review may contain such other information as the Accountant considers appropriate.

- (4) Regulations under [subsection (2)](https://www.legislation.gov.uk/asp/2025/3/section/45/2/enacted) are subject to the negative procedure.

- (4) Regulations under [subsection (2)](https://www.legislation.gov.uk/asp/2025/3/section/45/2/2025-01-28) are subject to the negative procedure.

- (5) In this section, “*relevant judicial factories*” means each judicial factory which subsists at any time during the reporting year, irrespective of whether they came into being before or after the coming into force of this section.

@@ -1300,13 +1300,13 @@

- (1) When a person with an interest in a factory estate so requests, the Accountant must, on cause shown—

- (a) make any documents mentioned in [subsection (4)](https://www.legislation.gov.uk/asp/2025/3/section/46/4/enacted) available for inspection by that person,

- (b) provide that person with certified copies of any documents mentioned in [subsection (4)](https://www.legislation.gov.uk/asp/2025/3/section/46/4/enacted).

- (2) The Accountant must charge a fee for the making available of documents or the provision of copies under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/46/1/enacted).

- (3) Copies provided under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/46/1/enacted)[(b)](https://www.legislation.gov.uk/asp/2025/3/section/46/1/b/enacted) have the same evidential status as the original documents.

- (a) make any documents mentioned in [subsection (4)](https://www.legislation.gov.uk/asp/2025/3/section/46/4/2025-01-28) available for inspection by that person,

- (b) provide that person with certified copies of any documents mentioned in [subsection (4)](https://www.legislation.gov.uk/asp/2025/3/section/46/4/2025-01-28).

- (2) The Accountant must charge a fee for the making available of documents or the provision of copies under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/46/1/2025-01-28).

- (3) Copies provided under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/46/1/2025-01-28)[(b)](https://www.legislation.gov.uk/asp/2025/3/section/46/1/b/2025-01-28) have the same evidential status as the original documents.

- (4) The documents are, in relation to a factory estate—

@@ -1348,13 +1348,13 @@

- (1) A judicial factor may apply to the court which appointed the judicial factor for a determination as regards any decision of the Accountant which relates to the judicial factory.

- (2) But [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/48/1/enacted) does not apply in relation to—

- (a) a decision under [section 44](https://www.legislation.gov.uk/asp/2025/3/section/44/enacted)[(3)](https://www.legislation.gov.uk/asp/2025/3/section/44/3/enacted)[(b)](https://www.legislation.gov.uk/asp/2025/3/section/44/3/b/enacted) to dismiss an objection lodged in relation to an audit by the Accountant, or

- (b) a decision by virtue of which an appeal is competent under [section 11](https://www.legislation.gov.uk/asp/2025/3/section/11/enacted)[(6)](https://www.legislation.gov.uk/asp/2025/3/section/11/6/enacted).

- (3) The determination of the court in relation to a decision referred to it under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/48/1/enacted) is final and is conclusive against both the Accountant and the judicial factor.

- (2) But [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/48/1/2025-01-28) does not apply in relation to—

- (a) a decision under [section 44](https://www.legislation.gov.uk/asp/2025/3/section/44/2025-01-28)[(3)](https://www.legislation.gov.uk/asp/2025/3/section/44/3/2025-01-28)[(b)](https://www.legislation.gov.uk/asp/2025/3/section/44/3/b/2025-01-28) to dismiss an objection lodged in relation to an audit by the Accountant, or

- (b) a decision by virtue of which an appeal is competent under [section 11](https://www.legislation.gov.uk/asp/2025/3/section/11/2025-01-28)[(6)](https://www.legislation.gov.uk/asp/2025/3/section/11/6/2025-01-28).

- (3) The determination of the court in relation to a decision referred to it under [subsection (1)](https://www.legislation.gov.uk/asp/2025/3/section/48/1/2025-01-28) is final and is conclusive against both the Accountant and the judicial factor.

## Part 6 — Miscellaneous and general

@@ -1412,11 +1412,11 @@

- “*the Accountant*” means the Accountant of Court,

- “*appointing interlocutor*” has the meaning given in [section 7](https://www.legislation.gov.uk/asp/2025/3/section/7/enacted)[(1)](https://www.legislation.gov.uk/asp/2025/3/section/7/1/enacted),

- “*appointment date*” has the meaning given in [section 9](https://www.legislation.gov.uk/asp/2025/3/section/9/enacted)[(1)](https://www.legislation.gov.uk/asp/2025/3/section/9/1/enacted),

- “*the court*” is to be construed in accordance with [section 1](https://www.legislation.gov.uk/asp/2025/3/section/1/enacted)[(8)](https://www.legislation.gov.uk/asp/2025/3/section/1/8/enacted),

- “*appointing interlocutor*” has the meaning given in [section 7](https://www.legislation.gov.uk/asp/2025/3/section/7/2025-01-28)[(1)](https://www.legislation.gov.uk/asp/2025/3/section/7/1/2025-01-28),

- “*appointment date*” has the meaning given in [section 9](https://www.legislation.gov.uk/asp/2025/3/section/9/2025-01-28)[(1)](https://www.legislation.gov.uk/asp/2025/3/section/9/1/2025-01-28),

- “*the court*” is to be construed in accordance with [section 1](https://www.legislation.gov.uk/asp/2025/3/section/1/2025-01-28)[(8)](https://www.legislation.gov.uk/asp/2025/3/section/1/8/2025-01-28),

- “*estate*” includes heritable and moveable property,

@@ -1426,15 +1426,15 @@

- “*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 7](https://www.legislation.gov.uk/asp/2025/3/section/7/enacted)[(1)](https://www.legislation.gov.uk/asp/2025/3/section/7/1/enacted)[(b)](https://www.legislation.gov.uk/asp/2025/3/section/7/1/b/enacted), and

- “*OSCR*” has the meaning given in [section 2](https://www.legislation.gov.uk/asp/2025/3/section/2/enacted)[(1)](https://www.legislation.gov.uk/asp/2025/3/section/2/1/enacted)[(a)](https://www.legislation.gov.uk/asp/2025/3/section/2/1/a/enacted).

- “*Keeper*” has the meaning given in [section 7](https://www.legislation.gov.uk/asp/2025/3/section/7/2025-01-28)[(1)](https://www.legislation.gov.uk/asp/2025/3/section/7/1/2025-01-28)[(b)](https://www.legislation.gov.uk/asp/2025/3/section/7/1/b/2025-01-28), and

- “*OSCR*” has the meaning given in [section 2](https://www.legislation.gov.uk/asp/2025/3/section/2/2025-01-28)[(1)](https://www.legislation.gov.uk/asp/2025/3/section/2/1/2025-01-28)[(a)](https://www.legislation.gov.uk/asp/2025/3/section/2/1/a/2025-01-28).

#### Commencement

##### 54

- (1) This section and [sections 51](https://www.legislation.gov.uk/asp/2025/3/section/51/enacted) and [55](https://www.legislation.gov.uk/asp/2025/3/section/55/enacted) come into force on the day after Royal Assent.

- (1) This section and [sections 51](https://www.legislation.gov.uk/asp/2025/3/section/51/2025-01-28) and [55](https://www.legislation.gov.uk/asp/2025/3/section/55/2025-01-28) 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.

@@ -1500,7 +1500,7 @@

##### 10

To remunerate any person appointed under [paragraph 9](https://www.legislation.gov.uk/asp/2025/3/schedule/1/paragraph/9/enacted).

To remunerate any person appointed under [paragraph 9](https://www.legislation.gov.uk/asp/2025/3/schedule/1/paragraph/9/2025-01-28).

##### 11

@@ -1524,7 +1524,7 @@

##### 16

To appoint a person as the judicial factor’s nominee, to exercise the judicial factor’s function of investment under [paragraph 15](https://www.legislation.gov.uk/asp/2025/3/schedule/1/paragraph/15/enacted).

##### 17

2025-01-27

Judicial Factors (Scotland) Act 2025

original version Text at this date