Judicial Factors (Scotland) Act 2025

Accountant of Court and Depute Accountant

38 Accountant of Court: appointment, remuneration and fees

(1) The Scottish Courts and Tribunals Service (“the SCTS”) may appoint a person to the office of Accountant of Court only if the person is, in the opinion of the SCTS, appropriately qualified or experienced in law and accounting.

(2) The Scottish Ministers—

(a) must from time to time review the criteria to be taken into account by the SCTS in appointing a person to the office of Accountant of Court under subsection (1),

(b) may, by regulations, change the criteria if the Scottish Ministers consider it appropriate to do so.

(3) Regulations under subsection (2)—

(a) may modify any enactment (including this Act),

(b) are subject to the affirmative procedure.

(4) Except as provided by any other enactment, the Accountant may not hold any other office.

(5) The SCTS may pay the Accountant such remuneration as the SCTS determines for carrying out the role of Accountant, and the Accountant is not entitled to receive any other remuneration in relation to the carrying out of that role.

(6) The Accountant must charge a fee for anything done by the Accountant in connection with the Accountant’s functions under this Act.

(7) Fees charged under subsection (6) must—

(a) be sufficient to cover any outlays reasonably incurred by the Accountant in connection with the Accountant’s functions under this Act,

(b) other than fees charged under section 46(2), be met from the factory estate.

(8) Any sum received by the Accountant other than as remuneration, including any sum received by virtue of subsection (6), is to be accounted for in such manner as the SCTS may direct.

(9) The Accountant may waive the right to recover a particular fee charged by virtue of subsection (6) if satisfied that it is unlikely to be recovered.

39 Depute Accountant

(1) The SCTS may appoint a Depute Accountant to carry out the functions of the Accountant during any period when the Accountant is unable to do so, on such terms and conditions as the SCTS may determine.

(2) A person may be appointed to the office of Depute Accountant only if the person is, in the opinion of the SCTS, appropriately qualified or experienced in law and accounting.

(3) The Scottish Ministers—

(a) must from time to time review the criteria to be taken into account by the SCTS in appointing a person to the office of Depute Accountant under subsection (1),

(b) may, by regulations, change the criteria if the Scottish Ministers consider it appropriate to do so.

(4) Regulations under subsection (3)—

(a) may modify any enactment (including this Act),

(b) are subject to the affirmative procedure.

(5) During the period mentioned in subsection (1)—

(a) the functions of the Accountant are to be carried out instead by the Depute Accountant,

(b) anything that falls to be done in relation to the Accountant falls instead to be done in relation to the Depute Accountant.