The Office of the Accountant of Court

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The Office of the Accountant of Court

The Accountant of Court is an Officer of Court appointed to supervise the actings of individuals appointed by the Courts to manage

the financial affairs of persons deemed incapable of looking after their own financial welfare
estates where there is a disagreement between interested parties
estates which become the property of children under the age of 16 years.

The Judicial Factors Act 1849 and the Children (Scotland) Act 1995 govern these appointments.

The principal purpose of the Accountant and his Staff is to ensure that persons appointed by the Courts manage the estates under their charge in a proper manner. They also provide assistance to appointees in carrying out their duties and give advice and guidance.

The Accountant of Court is also authorised to administer Child Trust Fund accounts where there is no person who has parental responsibilities for a child under the age of 16, who is in care and accommodated in Scotland, all in terms of the Child Trust Fund Act 2004.

Guardianship cases, where the Accountant of Court is supervising the management of the financial affairs of persons deemed incapable of managing their own financial affairs, and where the appointment was made prior to the introduction of the Adult's with Incapacity (Scotland) Act 2002 are currently dealt with in the Edinburgh office. Any appointments made after the introduction of the Adults with Incapacity (Scotland) Act 2000 are dealt with by the Office of the Public Guardian, Hadrian House, Callander Business Park, Falkirk, FK1 1XR, telephone number 01324 678 300.With effect from 1st April 2006, all guardianship cases in respect of Adults with Incapacity will be transferred to and dealt with by the Office of the Public Guardian.

The website for the Office of the Public Guardian is www.publicguardian-scotland.gov.uk

Structure of the department

Accountant of Court
Deputy Accountant of Court
Judicial Factory Auditors	Inventories/Special Powers Officer	Audit Team Leader	Registration Officer
		Audit Team	Registration Team

Accountant of Court

Responsible for

Organising and administering the business of the Office to best effect in the Public interest
Dealing with matters related to staffing, finance and organisation
Responding to complaints, Parliamentary questions, correspondence with Ministers and MPs
Considering cases involving questions of policy or special difficulty
Management responsibility for Deputy Accountant and more senior staff members
Signature of formal Court documents
Acting in representational capacity in contacts with professional organisations and all other interested parties
Reorganisation of department and procedures in preparation for proposed introduction of the Incapable Adults (Scotland) Bill

Deputy Accountant of Court

Responsible for

Day to day running of office
Supervision of staff
Administration of applications received under Children (Scotland) Act 1995
Consideration and revision of referred cases
Correspondence on matters of legal complexity, precedent, conflict, significant expenditure etc.
Performance against targets - monitoring quality and quantity of work undertaken
Meetings with Curators etc.
Provision of advice to Accountant on matters of policy
Authorisation of uplift of Consignations, release of Liquidators in terms of Insolvency Act 1986
Applications for Special Powers in terms of Section 7 of Judicial Factors Act 1849
Administration of Child Trust Fund accounts

Judicial Factory Auditors

A Judicial Factor is a person appointed by the Court to manage the affairs of another. The affairs under his control are called a Factory.

Responsible for

Supervision of actings of Factors appointed in terms of Judicial Factors Act 1849
Audit accounts lodged and to fix remuneration to Factors for the work carried out
Consideration of appeals against commissions awarded
Examination of Factorial Inventories
Drafting reports required by Court
General supervision of caseload
Process of applications for Judicial Discharge, Schemes of Division etc.

Audit Team Leader

Responsible for

Supervision and organisation of Audit Team
Supervision of actings of Curators Bonis appointed in terms of Judicial Factors Act 1849-a Curator Bonis is an officer appointed by the Court to manage a person's estate
Audit of accounts lodged and to fix remuneration to Curators for the work carried out
Consideration of appeals against commissions awarded
Consideration and revision of referred cases
Processing applications for Discharge

Inventory / Special Powers Officer

Responsible for

Examination of all Curatory Inventories, a Curatory being the estate being managed by a Curator Bonis (see the Introduction to the Offices of Court).
Process Special Powers/Consent applications for Curatory cases
Auditing of accounts and the fixing of remuneration therefor in allocated Curatory caseload
Display Guidance Notes for Guidance of Curators and relevant Forms

Registration Officer

Responsible for

Supervision of the actings of Judicial Factors appointed in terms of Judicial Factors Act 1849
Auditing of annual accounts lodged and the fixing of remuneration to Factors
Consideration of appeals against commission awarded
Examination of Factorial Inventories
Drafting reports required by the Court
General supervision of caseload
Process of applications for Judicial Discharge, Schemes of Division etc.
Supervision of Registration Team
Administration of Consignation Register

Adults with Incapacity (Scotland) Act 2000

The Office of the Accountant of Court will be expanded to form a new Office of the Public Guardian. Its functions will be to maintain and amend public registers of Court Appointments and Orders relating to adults with incapacity; to maintain and amend registers of continuing and welfare powers of attorney; to authorise access to the funds of adults with incapacity for specific purposes; to supervise and monitor the financial powers of guardians and persons appointed under Intervention Orders; and to investigate complaints relating to the management of finances by attorneys, guardians and others.

Further information is available from the web page of the Office of the Public Guardian on this site.

Services provided and contact numbers

Accountant of Court	0132 467 8301
Judicial Factory Auditors	0131 240 6770/6769
Audit Team Leader	0131 240 6762
Inventory/Special Powers Officer	0131 240 6762
Registration Officer	0131 240 6769