SP Bill 40
Judicial Factors (Scotland) Bill

Scottish National Party
# Judicial Factors (Scotland) Bill Judicial factors are court-appointed officials who manage the property and affairs of people who cannot do so themselves—typically due to incapacity, mental illness, or minority. The Scottish legal system had long relied on outdated legislation governing these appointments, with the primary law dating back to the 1800s. This created practical difficulties in administering estates, protecting vulnerable people's interests, and ensuring that judicial factors operated under modern safeguards and procedures. The bill was introduced to modernise and clarify the law, bringing judicial factor practice into line with contemporary standards for accountability and protection of the people they serve. The bill establishes a clearer legal framework for appointing judicial factors, setting out their duties, powers, and responsibilities in managing estates and property. Key provisions include enhanced supervision and reporting requirements to ensure proper stewardship of assets, clearer procedures for removing or replacing factors, and better protections for the individuals whose affairs they manage. The legislation also strengthens the Court of Session's oversight role and introduces more transparent handling of accounts and financial records. By consolidating and modernising scattered provisions, the bill aims to provide greater legal certainty for judicial factors, courts, and the vulnerable people dependent on their management, while establishing consistent standards across Scotland.
AI-generated summary
Parliamentary Progress
Introduced
5 December 2023
Stage 1
19 September 2024
Stage 2
19 November 2024
Stage 3
10 December 2024
Debate
Data sourced from parliament.scot