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Official Report: search what was said in Parliament

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

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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 13 April 2025
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Displaying 2013 contributions

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Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Stuart McMillan

Thank you. I know that Foysol Choudhury had indicated that he wanted to come in, but I think that his area of questioning has already been covered.

We have no further questions, so I invite our witnesses to make any points that have not been covered so far.

As no one wishes to make any further points, I thank our witnesses for coming to today’s meeting. If any more points occur to anyone after today’s meeting, they can make the committee aware of them in writing.

11:55 Meeting suspended.  

11:56 On resuming—  

Delegated Powers and Law Reform Committee

Instrument subject to Affirmative Procedure

Meeting date: 23 April 2024

Stuart McMillan

Agenda item 3 is consideration of an instrument that is subject to affirmative procedure. No points have been raised on the instrument. Is the committee content with the instrument?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 23 April 2024

Stuart McMillan

That concludes the public part of the meeting.

11:57 Meeting continued in private until 12:16.  

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Stuart McMillan

Thank you. The next questions will be asked by Tim Eagle.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Stuart McMillan

That is helpful—thank you.

10:00  

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Stuart McMillan

On that point, then, would it be worth while for it to be registered in both registers?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Stuart McMillan

Over the past 10 years, the Accountant of Court has registered 77 new cases. Of those, 44 have now been concluded, with the average case length being 37 months, and the median length of a judicial factor’s appointment over the period being 31 months. If the bill—amended or otherwise—completes the parliamentary process, do you think that the legislation would make that process quicker or longer, and do you think that more judicial factors might be implemented as a consequence of the bill?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Stuart McMillan

Before I bring Oliver Mundell back in, I note that you gave the example of HMRC. Are there any other departments with which there have been challenges and delays in getting information?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Stuart McMillan

In response to the committee’s call for views, the Faculty of Procurators of Caithness said:

“There should be a specific provision for an interested party to raise concerns about the Judicial Factors administration of the estate.”

It proposed that

“in the first instance this should be with the Accountant of Court”

and that if the interested person or organisation were unsatisfied with the outcome, there would then be a role for the court. When the Scottish Law Commission appeared before the committee last week, it was decidedly unsure about the policy merits of that idea. What do witnesses think of that proposal? Can you identify any benefits of or drawbacks to that suggestion?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Stuart McMillan

Before we move on, is it common for judicial factories to be cross-border, both within the UK and further afield? Have you come across that?