Law Society of Scotland
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Judicial Factors

Discussion paper on Judicial Factors

This discussion paper, published by the Scottish Law Commission (SLC) recognises that the legislation relating to judicial factors is out of date and no longer fit for purpose. The paper offers two possible options for reform.

The first is to keep the existing structure but to modernise it and make it more efficient by means such as updating the powers and duties of judicial factors as well as the procedure by which they are discharged. The second option proposes a new public official, the Official Judicial Factor, who would carry out all judicial factory work unless the court wished to appoint someone else. An existing public official would become the Official Judicial Factor so that the functions would be part of the functions of an existing public office.