Judicial Factors (Scotland) Act 2025

The Scottish Law Commission are delighted that the Judicial Factors (Scotland) Act 2025 received Royal Assent on 27 January 2025. This Act implements the Report on Judicial Factors published by the Commission in 2013 (Scot Law Com No.233). Judicial factors are persons appointed by the court to hold, manage, administer and protect property in cases where it is not possible, practicable or sensible for those responsible for the property to do so. The features of the legislation relating to judicial factors were based partly on the common law and partly on legislation dating from the nineteenth century, or earlier. The result was that many aspects of the institution were not clear, while others seemed old-fashioned or archaic. The Act modernises this important part of Scots law, making it once more fit for purpose.

Speaking during the stage 3 debate for the Bill, the Minister for Victims and Community Safety, Siobhan Brown, said:

“If the bill is passed today, it will put in place a modern and broad framework for judicial factors that sets out the essential features of the office and how it is supervised. That will bring clarity, accessibility and efficiency to the area, which we hope will mean that the option to appoint a judicial factor is utilised in a wider range of circumstances where it is not currently used because of uncertainty, complexity and cost.”

The Commission is very grateful to Patrick Layden who was the former lead Commissioner for the project and who has continued to provide support as the Bill was considered by Parliament.

The Commission looks forward to the Act being brought into force so the benefits of the Act can be realised.