Commentary on Sections Power of court to specify functions of judicial factor
33.Section 14 sets out the powers that the court has in relation to the conferring of functions on a judicial factor. Subsection (1) relates to the interlocutor issued by a court appointing a judicial factor. Paragraph (a) allows the court to specify in the interlocutor that there is withheld from a judicial factor any function which would otherwise be conferred on the judicial factor by virtue of the Act, while paragraph (b) gives the court the power to confer on the judicial factor any function in addition to those ordinarily conferred.
34.Subsection (2) makes provision for the judicial factor to apply to the court after appointment for the conferral of a further function, or the removal of any function previously conferred (either by virtue of the appointing interlocutor or a previous application under this subsection). Subsections (3) and (4) require the judicial factor to notify the Accountant of any application under subsection (2), and the Accountant to investigate the matter and report to the court as to whether, in the Accountant’s view, the application should be granted.