Search Legislation

Judicial Factors (Scotland) Act 1889

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Section 11A

 Help about opening options

Alternative versions:

Status:

Point in time view as at 22/04/2009.

Changes to legislation:

Judicial Factors (Scotland) Act 1889, Section 11A is up to date with all changes known to be in force on or before 09 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

[F111A Application for judicial factor on estate of person deceased.S

(1)It shall be competent to one or more creditors of parties deceased, or to persons having an interest in the succession of such parties, in the event of the deceased having left no settlement appointing trustees or other parties having power to manage his estate or part thereof, or in the event of such parties not accepting or acting, to apply by summary [F2application] to the sheriff of the sheriffdom within which the deceased resided or carried on business during the year immediately preceding the date of the [F3application], or within which heritage belonging to the deceased at the time of his death is situated, for the appointment of a judicial factor.

(2)After such intimation of the [F4application] to the creditors of the deceased, and other persons interested, as may be considered necessary, and after hearing parties, the F5. . . sheriff may appoint such factor, who shall administer the estate subject to the supervision of the accountant in accordance with this Act and the Judicial Factors (Scotland) Act 1880 and relative acts of sederunt; and, if the deceased’s estate is absolutely insolvent within the meaning of section 73(2) of the Bankruptcy (Scotland) Act 1985, section 51 of, and Schedule 1 to, that Act shall apply as if for references to—

(a)the interim trustee or F6. . . trustee there were substituted references to the judicial factor; and

(b)the date of sequestration there were substituted references to the date of the judicial factor’s appointment.]

Textual Amendments

F2Words in s. 11A(1) substituted (22.4.2009) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 226, 227, sch. 5 para. 5(a)(i) (with s. 223); S.S.I 2009/67, {art. 3(2)(3)} sch. 1 (with arts. 4-6 (as amended (with effect from 31.1.2011) by S.S.I. 2011/31, art. 5))

F3Words in s. 11A(1) substituted (22.4.2009) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 226, 227, sch. 5 para. 5(a)(ii) (with s. 223); S.S.I 2009/67, {art. 3(2)(3)} sch. 1 (with arts. 4-6 (as amended (with effect from 31.1.2011) by S.S.I. 2011/31, art. 5))

F4Words in s. 11A(1) substituted (22.4.2009) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 226, 227, sch. 5 para. 5(b) (with s. 223); S.S.I 2009/67, {art. 3(2)(3)} sch. 1 (with arts. 4-6 (as amended (with effect from 31.1.2011) by S.S.I. 2011/31, art. 5))

F5Words in s. 11A(2) repealed (1.4.2008) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 226, 227, sch. 6 (with s. 223); S.S.I 2008/115, {art. 3(2)(3)} sch. 2 (with arts. 4-6 (as amended (with effect from 31.1.2011) by S.S.I. 2011/31, art. 5))

F6Word in s. 11A(2)(a) repealed (1.4.2008) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 226, 227, sch. 6 (with s. 223); S.S.I 2008/115, {art. 3(2)(3)} sch. 2 (with arts. 4-6 (as amended (with effect from 31.1.2011) by S.S.I. 2011/31, art. 5))

Back to top

Options/Help