Judicial factors: consultation analysis

Analysis of responses to the public consultation following the Scottish Law Commission's recommendations and draft bill to modernise judicial factors, which ran between 28 August and 20 November 2019.

Table of all Responses to the Consultation

Question Yes No Not Answered/Don't Know
Q1 Should the Scottish Government implement the Report by the Scottish Law Commission? 9
Q3 Should there be a qualifying period during which a factor in loco absentis cannot be appointed? If so, what should that period be? 3 2 4
Q4 Should the duty of a judicial factor appointed in the case of a missing person be limited to acting in their best interests only? 2 3 4
Q5 Should the Scottish Courts only have jurisdiction to appoint a judicial factor to an estate of a missing person if?.......... 4 5
Q6 Are there any other provisions in the Guardianship (Missing Persons) Act 2017, which could be usefully replicated in any Scottish Legislation? 2 2 5
Q7 Should there be a change of name of "loco absentis" cases? 3 2 4
Q8 If so, what are your views on "judicial factor over a missing person's estate?" 5 4
Q9 Should the Accountant of Court be able to draw matters of concern to the attention of the relevant sheriff court? 5 4
Q10 Should the Accountant of Court be able to vary or recall directions? 5 4
Q11 Do we need to specify the procedure where no joint minute or subsequent decree has taken place? 5 4
Q12 Do you agree that the views of the child should be taken into account (where practicable and taking account of their age and maturity) where a parent is appointed as the child's legal representative? 4 5
Q13b Would it require legislative change? 2 7
Q14 Should applications to appoint a judicial factor be heard in the sheriff court rather than the Court of Session? 5 1 3
Q15 If applications to appoint a judicial factor are to be heard in the sheriff court rather than the Court of Session, should it be the same rule for applications to appoint a judicial factor under the Solicitors (Scotland) Act 1980? 2 3 4
Q16 The Scottish Government proposes that the "appropriate sheriff court" for an application would be:……..Does this seem a reasonable approach? 4 5
Q17 Should sections 4 and 6 of the draft Commission Bill be followed in relation to who may be appointed as a judicial factor? 4 5
Q18 Do you agree that the wording at section 7 of the draft Bill reflects that caution is only required in exceptional circumstances? 3 6
Q19 Do you consider that that interlocutors should contain provisions on how proactively an estimate should be managed? 2 1 6
Q20 Should judicial factors continue to be paid a commission? 3 6
Q21. Do you have any other comments on how judicial factors should be paid in the future? 2 7
Q22. Do you have any comments on the Impact Assessments? 0 9

Table of all questions were comments and suggestions were sought

Comments Provided to


No comments

Q2 Please provide any comments on the current procedure for appointment of Judicial Factors in Missing Persons 5 4
Q13a What would be the most proportionate way of ensuring that a child's views are taken into account? 4 5


Email: Property_Law@gov.scot

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