The Bill aims to consolidate and update the law in relation to judicial factors.
This is a Government bill
The Bill was introduced on 5 December 2023 and is at Stage 2
This Bill is at Stage 2 of the process to decide if it should become an Act.
A judicial factor is a person appointed by the court to manage property. A judicial factor can be appointed in cases where property is not being managed properly.
The Bill clarifies the role of the judicial factor. This includes:
The Bill also makes clear the role of the Accountant of Court in overseeing the work of the judicial factor.
This includes:
The Scottish Courts and Tribunals Service employ the Accountant of Court.
The Bill aims to modernise the law, making the role of the judicial factor clearer.
Judicial factors have been in use since at least the 17th century in Scotland. The main existing legislation on judicial factors is from 1849 to 1889. There have been no new laws specifically in this area since then.
This led to some doubt on how the law should operate and what powers judicial factors have.
Judicial Factors (Scotland) Bill as introduced (2MB, pdf) posted 05 December 2023
Explanatory Notes (267KB, pdf) posted 05 December 2023
Policy Memorandum (296KB, pdf) posted 05 December 2023
Financial Memorandum (236KB, pdf) posted 05 December 2023
Delegated Powers Memorandum (134KB, pdf) posted 05 December 2023
Statements on legislative competence (101KB, pdf) posted 05 December 2023
Explanatory Notes (337KB, pdf) posted 05 December 2023
Policy Memorandum (368KB, pdf) posted 05 December 2023
Financial Memorandum (323KB, pdf) posted 05 December 2023
Delegated Powers Memorandum (184KB, pdf) posted 05 December 2023
Statements on legislative competence (160KB, pdf) posted 05 December 2023
All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:
Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.
Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.
Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.
Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.
Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.
The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is not required for this Bill.
For each Bill, the Presiding Officer must decide if a 'Financial Resolution' is required. The main reasons a Bill would need a Financial Resolution are that:
If a Bill requires a Financial Resolution:
The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.
The Bill was introduced on 5 December 2023
At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.
On 6 March 2024, Parliament agreed motion S6M-12398, that consideration of the Judicial Factors (Scotland) Bill at Stage 1 be completed by 27 September 2024.
The lead committee for this Bill is the Delegated Powers and Law Reform Committee.
The lead committee will usually examine the Bill through evidence sessions. This will involve contributions from individuals and organisations, known as 'witnesses', with knowledge of the subject matter. The committee might also discuss the Bill in private sessions.
The Delegated Powers and Law Reform Committee held a call for views to help inform its examination of the Bill.
The Scottish Parliament Information Centre (SPICe) has produced an analysis of responses to the call for views.
Read the analysis (708KB, pdf) posted 15 April 2024
Read the Official Report of the meeting
Read the Official Report of the meeting
Letter from the Minister for Victims and Community Safety to the Convener, 5 September 2024
Letter from the Scottish Courts and Tribunal Service, 18 July 2024
Letter from the Lord President of the Court of Session to the Convener, 28 May 2024
Letter from the Convener to the Lord President of the Court of Session, 15 May 2024
Letter from the Executive Director, Tribunals and Office of the Public Guardian Scottish Courts and Tribunals Service to the Convener, 8 May 2024
See a full list of Stage 1 correspondence
The lead committee published a report on 7 February 2024.
Delegated Powers in the Judicial Factors (Scotland) Bill at Stage 1
The lead committee published its Stage 1 report on 14 June 2024.
Judicial Factors (Scotland) Bill Stage 1 Report
The committee received the following response on 18 July 2024.
Letter from the Scottish Courts and Tribunals Service (406KB, pdf) posted 19 July 2024
The committee received the following response on 5 September 2024.
Letter from the Minister for Victims and Community Safety (169KB, pdf) posted 09 September 2024
If a Bill is relevant to more than one committee, 'secondary committees' may consider and report on the general principles of the Bill to the lead committee. Some Bills may also be considered by the Delegated Powers and Law Reform Committee or the Finance and Public Administration Committee.
Letter from the Scottish Government to the Finance and Public Administration Committee of 29 February 2024
See a full list of Stage 1 correspondence
A Stage 1 debate took place on 19 September 2024 to consider and decide on the general principles of the Bill.
See further details of the motion
The Bill ended Stage 1 on 19 September 2024
At Stage 2, MSPs can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them.
MSPs can currently submit amendments ("changes") to the Bill. A daily list of amendments will be published each day that amendments are lodged or withdrawn by MSPs. Following the deadline for amendments, the Marshalled List and Groupings of Amendments will be published to replace the daily lists.
The deadline for amendments will be added once the Stage 2 meeting date has been confirmed.
A Stage 2 'Marshalled List' is a list of all the amendments that have been lodged at Stage 2 (or, if the Stage is mid-way through, all those still to be dealt with). They are listed in the order in which they will be called by the convener and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.