Skip to main content

Language: English / Gàidhlig

Loading…

Seòmar agus comataidhean

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

Criathragan Hide all filters

Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 2 April 2025
Select which types of business to include


Select level of detail in results

Displaying 225 contributions

|

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Tim Eagle

It would just be interesting to see the costs that are attached to that. To clarify the point, if we did not want to create that because of the cost involved, is there an issue with using the register of inhibitions as a public-facing register for the factors that are in place?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Tim Eagle

In the past couple of weeks, we have discussed having a complaints process in the bill. There was a suggestion that if somebody was unhappy, the first port of call would be a referral to the Accountant of Court, and then to the court itself. Do you think that there is a need to have that explicitly laid out in the bill? I assume that that is how it already works in practice, but should it be spelled out, and do you see any issues with that?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Tim Eagle

Last week, we had a bit of a discussion about the register of inhibitions and whether that, as the bill suggests, is the correct place to put what is, in effect, the list of judicial factors. Do you think that it is the correct place? Last week, the Faculty of Advocates said that it was probably not the right place and that perhaps a new list could be created. If that were to be done, would that give you any resourcing issues?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Tim Eagle

Okay, that makes sense. You are saying that, outwith the bill, those complaints procedures are already in place, and that you have to abide by those rules. Therefore, in your view, it does not need to be explicit in the bill because you have to abide by the rules anyway.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Tim Eagle

Okay, perfect. Thank you.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Tim Eagle

That is fine. Thank you.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Tim Eagle

That is great—thank you.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Tim Eagle

That makes sense. There could be a specific reference in the bill, but it could be backed up by guidance later.

Part 4 deals with ending the judicial factor arrangement and distributing the estate. You made comments on the link between that part and the Presumption of Death (Scotland) Act 1977. For the record, will you say a bit more about your concerns and whether you want to see something specific in the bill or in guidance?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Tim Eagle

It is my understanding that it was about creating that publicly available register, as opposed to the first option.

Once you have set up the register, the running costs presumably would not be huge, because you are doing that anyway. Do you have a reason for suggesting that it would cost hundreds of thousands? If you are already creating a very similar thing for another purpose, presumably you just replicate it but give it a different name, or is it really more complicated than that?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Tim Eagle

Thank you for that.