The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 1699 contributions
Delegated Powers and Law Reform Committee
Meeting date: 23 April 2024
Stuart McMillan
That is helpful—thank you.
10:00Delegated Powers and Law Reform Committee
Meeting date: 23 April 2024
Stuart McMillan
On that point, then, would it be worth while for it to be registered in both registers?
Delegated Powers and Law Reform Committee
Meeting date: 23 April 2024
Stuart McMillan
Over the past 10 years, the Accountant of Court has registered 77 new cases. Of those, 44 have now been concluded, with the average case length being 37 months, and the median length of a judicial factor’s appointment over the period being 31 months. If the bill—amended or otherwise—completes the parliamentary process, do you think that the legislation would make that process quicker or longer, and do you think that more judicial factors might be implemented as a consequence of the bill?
Delegated Powers and Law Reform Committee
Meeting date: 23 April 2024
Stuart McMillan
Before I bring Oliver Mundell back in, I note that you gave the example of HMRC. Are there any other departments with which there have been challenges and delays in getting information?
Delegated Powers and Law Reform Committee
Meeting date: 23 April 2024
Stuart McMillan
In response to the committee’s call for views, the Faculty of Procurators of Caithness said:
“There should be a specific provision for an interested party to raise concerns about the Judicial Factors administration of the estate.”
It proposed that
“in the first instance this should be with the Accountant of Court”
and that if the interested person or organisation were unsatisfied with the outcome, there would then be a role for the court. When the Scottish Law Commission appeared before the committee last week, it was decidedly unsure about the policy merits of that idea. What do witnesses think of that proposal? Can you identify any benefits of or drawbacks to that suggestion?
Delegated Powers and Law Reform Committee
Meeting date: 23 April 2024
Stuart McMillan
Before we move on, is it common for judicial factories to be cross-border, both within the UK and further afield? Have you come across that?
Delegated Powers and Law Reform Committee
Meeting date: 23 April 2024
Stuart McMillan
Thank you very much for that.
Delegated Powers and Law Reform Committee
Meeting date: 23 April 2024
Stuart McMillan
I did not think that you would, but I thought that I would give you the opportunity.
Delegated Powers and Law Reform Committee
Meeting date: 23 April 2024
Stuart McMillan
We could raise that point with the lead committee.
Is the committee content with the instruments?
Members indicated agreement.
Delegated Powers and Law Reform Committee
Meeting date: 23 April 2024
Stuart McMillan
Thank you. Bill Kidd has the next question.