Office of the Accountant of Court
Encyclopedia
The Office of the Accountant of Court is a constituent body of the Supreme Courts of Scotland
.
Based in Edinburgh
, the office of Accountant of Court, also known as the Accountant of the Court of Session (see Court of Session
), was established by the Judicial Factors Act 1849, and their role was further defined by the Children (Scotland) Act 1995.
as legal guardians manage the estate
s in their charge properly. The Office also provides practical assistance, advice and guidance to people who are appointed as guardians.
The Office supervises the actions of three types of guardians, people appointed to manage:
The Accountant of Court's Office formerly also dealt with guardianship cases in respect of adults with incapacity
. However, following the passage of the Adults with Incapacity (Scotland) Act 2000
by the Scottish Parliament
, these cases were transferred to the new Office of the Public Guardian
, although the handling of pre-existing cases was only assigned to the new body on 1 April, 2006.
the Accountant of Court is authorised to administer Child Trust Fund
accounts on behalf of a child under the age of 16 where there is no person who has parent
al responsibilities.
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
.
Based in Edinburgh
Edinburgh
Edinburgh is the capital city of Scotland, the second largest city in Scotland, and the eighth most populous in the United Kingdom. The City of Edinburgh Council governs one of Scotland's 32 local government council areas. The council area includes urban Edinburgh and a rural area...
, the office of Accountant of Court, also known as the Accountant of the Court of Session (see Court of Session
Court of Session
The Court of Session is the supreme civil court of Scotland, and constitutes part of the College of Justice. It sits in Parliament House in Edinburgh and is both a court of first instance and a court of appeal....
), was established by the Judicial Factors Act 1849, and their role was further defined by the Children (Scotland) Act 1995.
Supervision of legal guardians
The Accountant of Court is responsible for ensuring that people appointed by the courtsCourts of Scotland
The civil, criminal and heraldic Courts of Scotland are responsible for the administration of justice. They are constituted and governed by Scots law....
as legal guardians manage the estate
Estate (law)
An estate is the net worth of a person at any point in time. It is the sum of a person's assets - legal rights, interests and entitlements to property of any kind - less all liabilities at that time. The issue is of special legal significance on a question of bankruptcy and death of the person...
s in their charge properly. The Office also provides practical assistance, advice and guidance to people who are appointed as guardians.
The Office supervises the actions of three types of guardians, people appointed to manage:
- the financial affairs of a person whom a court has deemed incapable of looking after their own financial welfare
- estates with disputed dispositions
- estates which become the property of a minorMinor (law)In law, a minor is a person under a certain age — the age of majority — which legally demarcates childhood from adulthood; the age depends upon jurisdiction and application, but is typically 18...
(the age of legal capacity under Scots lawScots lawScots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...
is 16)
The Accountant of Court's Office formerly also dealt with guardianship cases in respect of adults with incapacity
Capacity (law)
The capacity of both natural and legal persons determines whether they may make binding amendments to their rights, duties and obligations, such as getting married or merging, entering into contracts, making gifts, or writing a valid will...
. However, following the passage of the Adults with Incapacity (Scotland) Act 2000
Adults with Incapacity (Scotland) Act 2000
The Adults with Incapacity Act 2000 is an act of the Scottish Parliament. It was passed on 29 March 2000, receiving Royal Assent on 9 May. It concerns the welfare of adults who are unable to make decisions for themselves because they have a mental disorder or are not able to communicate...
by the Scottish Parliament
Scottish Parliament
The Scottish Parliament is the devolved national, unicameral legislature of Scotland, located in the Holyrood area of the capital, Edinburgh. The Parliament, informally referred to as "Holyrood", is a democratically elected body comprising 129 members known as Members of the Scottish Parliament...
, these cases were transferred to the new Office of the Public Guardian
Office of the Public Guardian
The Office of the Public Guardian in Scotland, is a public body based in Falkirk as part of the Scottish Court Service, established in April 2001 following the passing of the Adults with Incapacity Act 2000.-History:...
, although the handling of pre-existing cases was only assigned to the new body on 1 April, 2006.
Administration of Child Trust Funds
Under the Child Trust Funds Act 2004Child Trust Funds Act 2004
The Child Trust Funds Act 2004 is an Act of the Parliament of the United Kingdom.-Section 2 - Elligible children:This section is amended by section 1 of the Savings Accounts and Health in Pregnancy Grant Act 2010....
the Accountant of Court is authorised to administer Child Trust Fund
Child Trust Fund
A Child Trust Fund is a long-term savings or investment account for children in the United Kingdom. New accounts cannot be created but existing accounts can receive new money...
accounts on behalf of a child under the age of 16 where there is no person who has parent
Parent
A parent is a caretaker of the offspring in their own species. In humans, a parent is of a child . Children can have one or more parents, but they must have two biological parents. Biological parents consist of the male who sired the child and the female who gave birth to the child...
al responsibilities.
See also
- College of JusticeCollege of JusticeThe College of Justice is a term used to describe the Supreme Courts of Scotland, and its associated bodies.The constituent bodies of the supreme courts of Scotland are the Court of Session, the High Court of Justiciary, and the Accountant of Court's Office...
- Court of SessionCourt of SessionThe Court of Session is the supreme civil court of Scotland, and constitutes part of the College of Justice. It sits in Parliament House in Edinburgh and is both a court of first instance and a court of appeal....
- Capacity (law)Capacity (law)The capacity of both natural and legal persons determines whether they may make binding amendments to their rights, duties and obligations, such as getting married or merging, entering into contracts, making gifts, or writing a valid will...
- Children's Hearings
- Family lawFamily lawFamily law is an area of the law that deals with family-related issues and domestic relations including:*the nature of marriage, civil unions, and domestic partnerships;...
- Personal financePersonal financePersonal finance is the application of the principles of finance to the monetary decisions of an individual or family unit. It addresses the ways in which individuals or families obtain, budget, save, and spend monetary resources over time, taking into account various financial risks and future...
- PropertyPropertyProperty is any physical or intangible entity that is owned by a person or jointly by a group of people or a legal entity like a corporation...
- TrusteeTrusteeTrustee is a legal term which, in its broadest sense, can refer to any person who holds property, authority, or a position of trust or responsibility for the benefit of another...
- Ward of court
External links
- Office of the Accountant of Court, at the Scottish Court ServiceScottish Court ServiceThe Scottish Court Service is the body which is responsible for the administration of the Court system in Scotland. The Service employs over 1000 staff members in Scotland's 49 Sheriff Courts, the Court of Session and the High Court of Justiciary, Justice of the Peace Courts and at the Service's HQ...
website - Accountant of Court: factories and curatories, at the National Archives of ScotlandNational Archives of ScotlandBased in Edinburgh, the National Archives of Scotland are the national archives of Scotland. The NAS claims to have one of the most varied collection of archives in Europe...