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A Bill to reform and modernise the law relating to judicial factors has been passed.

The Judicial Factors (Scotland) Bill will bring clarity, accessibility and efficiency to an area of law which largely has not been changed since the 19th century.

Judicial factors are appointed by courts to look after property belonging to someone not capable of doing so themselves. They may be appointed to wind up the estate of a deceased person, or to oversee charity property or the estate of a missing person.

The Bill, which acts on recommendations from the Scottish Law Commission (SLC), includes provisions to simplify the legal process for families whose loved ones have gone missing. The Scottish Government will work with the charity Missing People to prepare guidance for those affected.

Victims and Community Safety Minister Siobhian Brown said:

“If a person remains missing for a long time there can be, in addition to the emotional distress, practical implications for family members, such as having to deal with their property and financial affairs while they are missing. In these cases, judicial factors can be appointed to manage the missing person’s estate.

“The Judicial Factors (Scotland) Bill will simplify the process of appointing a judicial factor in a range of circumstances, making it more efficient, more accessible and less intimidating for those who need it.”

Josie Allan, Head of Policy and Partnerships at Missing People, said:

“We are delighted to see this Bill passed, which introduces vital changes to the process around judicial factors. When someone goes missing, their loved ones will not only face emotional devastation, but can sometimes face financial hardship, too, while they struggle to manage the missing person’s affairs. This new law will hopefully make it easier for families to hold things together while waiting for their loved one’s return, and to look after dependants in the meantime.

“We look forward to working with the Scottish Government to ensure that the Bill’s implementation really works for missing people and their families.” 

Background

Judicial Factors (Scotland) Bill

In 2010, the SLC published a Discussion Paper on Judicial Factors in which it analysed the existing law. In 2013 the SLC published its recommendations for reform of the law.

In 2019, the Scottish Government consulted on the SLC’s recommendations and the current procedure for the appointment of judicial factors in cases of missing persons.

Overall, the majority of respondents supported the SLC’s recommendations, confirming that there is a need for the existing legislation to be updated and modernised. The Bill takes forward without amendment the majority of the SLC’s recommendations for reform.