Act of Sederunt (Judicial Factors Rules) 1992

Applications for discharge to the Accountant

19.—(1) This rule shall apply only to a judicial factor appointed as a—

(a) curator bonis;

(b) guardian;

(c) factor loco absentis; or

(e) commissary factor.

(2) Where a factory is terminated by reason of the recovery, death or coming of age of the ward, or by reason of the exhaustion of the estate, the factor, or where he died, his representative, may apply to the Accountant for a certificate of discharge.

(3) The factor shall send a notice in Form 2 by first class recorded delivery post of an application under paragraph (2) to—

(a) the cautioner; and

(b) any person with an interest in the estate of the ward.

(4) Any person to whom notice has been given under paragraph (3) of this rule may make written representations relating to the application to the Accountant within 21 days from the date of such notice.

(5) On the expiry of the period specified in paragraph (4) of this rule, the Accountant shall—

(a) consider the application and representations made; and

(b) intimate to the factor, to the sheriff clerk and to any party who has made representa tions, a copy of his determination to issue or refuse to issue a certificate of discharge together with a note of his reasons for making such determination.

(6) The Accountant—

(a) shall not sign a certificate of discharge until the time for lodging an appeal under rule 20 has expired; and

(b) shall, on issuing a certificate of discharge, give notice of such issue to the sheriff clerk.

(7) The issue of a certificate of discharge shall be sufficient authority for the factor to uplift his bond of caution.