Official Report 932KB pdf
The next item of business is stage 3 proceedings on the Judicial Factors (Scotland) Bill.
In dealing with the amendments, members should have the bill as amended at stage 2—that is, SP bill 40A—the marshalled list and the groupings of amendments. The division bell will sound and proceedings will be suspended for around five minutes for the first division at stage 3. The period of voting for the first division will be 45 seconds. Thereafter, I will allow a voting period of one minute for the first division after a debate.
Members who wish to speak in the debate on any group of amendments should press their request-to-speak button or enter the letters RTS in the chat function as soon as possible after I call the group.
Members should now refer to the marshalled list of amendments.
Section 1—Appointment of judicial factor
Group 1 is on the registration or recording of documents. Amendment 1, in the name of the minister, is grouped with amendments as shown in the groupings.
Section 6(1)(b) requires the clerk of court to register the notice of appointment in the register of inhibitions. Sections 6(3) makes similar provisions in relation to reregistration of the notice of appointment and sections 29(6) and 33(3) make provision in relation to registration of certificate of termination, recall and discharge.
In its written evidence, the Centre for Scots Law suggested that it would be more accurate for the provision in section 6(1) to require the clerk of court to send the notice of appointment to the keeper of the register of inhibitions for recording, rather than requiring the clerk of court to register the notice in the register of inhibitions. I agree that that wording better reflects the current process and the status of court documents recorded in the register. Amendments 1 to 12 and 27 to 29 adjust the bill accordingly and make the necessary consequential changes.
I move amendment 1 and ask the chamber to support all the amendments in the group.
For the record, Conservative members support all the amendments in the minister’s name and will vote for all of them. Members will be glad to hear that we will also not comment in any way on any of the amendments.
Does the minister wish to add anything in winding up?
No, thank you.
Amendment 1 agreed to.
Amendments 2 to 5 moved—[Siobhian Brown]—and agreed to.
Section 6A—Review of appropriateness of registration in the Register of Inhibitions
Amendments 6 to 10 moved—[Siobhian Brown]—and agreed to.
Section 27—Approval of judicial factor’s scheme for distribution of factory estate
Amendment 11 moved—[Siobhian Brown]—and agreed to.
Section 29—Termination, recall and discharge after distribution of factory estate
Amendment 12 moved—[Siobhian Brown]—and agreed to.
Section 30—Duty of Accountant to apply for appointment of replacement where judicial factor has died or ceased to perform duties
Group 2 is minor and technical amendments. Amendment 13, in the name of the minister, is grouped with amendments 14, 25 and 30.
Section 31 sets out the process for the recall of a judicial factor’s appointment and the appointment of a replacement judicial factor. I understand that discussions between my officials and the Law Society of Scotland showed that there are some concerns about how section 31 would operate procedurally and that that there could be some difficulties in replacing a judicial factor.
The first concern comes from the fact that, under section 31 as currently drafted, accounts must be prepared and sent to the Accountant of Court before a recall is granted. That raises a question of practicality, given that the estate must continue being managed in the meantime.
The second concern is that the original judicial factor’s appointment is not recalled until the appointing interlocutor for the replacement factor is issued, which means that two factors would be appointed over the estate, even though that might be for a short period of time. That raises questions about where the responsibilities and liabilities for the management of the estate would lie during that period.
Amendments 15 to 24 and amendment 26, all in my name, address those concerns. I ask members to support the other amendments in the group and I move amendment 15.
I think that you are moving amendment 13, minister.
Yes, sorry. I move amendment 13.
Amendment 13 agreed to.
Amendment 14 moved—[Siobhian Brown]—and agreed to.
Section 31—Resignation and applications for recall and discharge in other circumstances
Group 3 is on process for recall of judicial factor and appointment of replacement under section 31. Amendment 15, in the name of the minister, is grouped with amendments 16 to 24 and 26. I call the minister to move amendment 15 and to speak to all amendments in the group.
Please bear with me, Presiding Officer. My apologies—my speaking note says that I just spoke to amendment 15. I am sorry.
Please resume your seat, minister.
I understood that you had moved amendment 13, which was grouped with amendments 14, 25 and 30. We called amendment 13 and Parliament agreed to it. We then called amendment 14, which had already been debated. You moved that amendment formally and it was also agreed by Parliament.
We are now turning to group 3, which is on process for recall of judicial factor and appointment of replacement under section 31. I have now called amendment 15, which is grouped with amendments 16 to 24 and 26, and I have called you to move amendment 15 and to speak to all amendments in the group.
My apologies, Deputy Presiding Officer; I am a novice at stage 3.
Amendments 13, 14 and 25 resolve certain inconsistencies across sections 30 to 32 as to how the original judicial factor and replacement judicial factor are referred to and defined.
As a consequence of amendments that were made in relation to charities at stage 2, amendment 30 defines the Office of the Scottish Charity Regulator for the purposes of the bill.
I move amendment 13 and ask members to support all the amendments in the group.
15:00
Minister, can I clarify which amendments you are speaking to? Amendment 15 is the lead amendment, and the other amendments in the group are amendments 16 to 24 and 26. I think that maybe the minister referred to amendments that were in previous groups.
Yes, Presiding Officer. I move amendment 15.
Thank you for that clarification.
Amendment 15 agreed to.
Amendments 16 to 23 moved—[Siobhian Brown]—and agreed to.
Section 32—Inventory and balance sheet where replacement judicial factor appointed
Amendments 24 to 26 moved—[Siobhian Brown]—and agreed to.
Section 33—Termination of judicial factory where insufficient funds
Amendments 27 and 28 moved—[Siobhian Brown]—and agreed to.
Section 50—Interpretation
Amendments 29 and 30 moved—[Siobhian Brown]—and agreed to.
That ends stage 3 consideration of amendments.
As members will be aware, the Presiding Officer is required—[Interruption.] Mr Balfour, I am speaking, and this is part of the legislative process, so it would be helpful if we could all concentrate on what we are doing.
As members will be aware, the Presiding Officer is required under standing orders to decide whether, in her view, any provision of a bill relates to a protected subject matter—that is, whether it modifies the electoral system and franchise for Scottish parliamentary elections. In the Presiding Officer’s view, no provision of the Judicial Factors (Scotland) Bill relates to a protected subject matter. Therefore, the bill does not require a supermajority to be passed at stage 3.