Agency Framework Document

Other management arrangements, including pay policy and Human Resources

The section sets out that the:

• Agency is part of the Scottish Government main bargaining unit which complies with the Public Sector Pay Policy for staff pay remits. Agency staff are civil servants within the Scottish Government employed on civil service terms and conditions of service. They are covered by the civil service pensions arrangements
• Agency will comply with the Civil Service Code (Scottish Government version), which sets out the core values of the Civil Service and the standards expected of civil servants
• Agency is responsible for the recruitment of its staff, in consultation with the Scottish Government’s Human Resources and Organisational Development Directorate. All recruitment will adhere to the Civil Service Management Code, the Scottish Government Main Resourcing Policy and Procedures and, for external recruitment, the Civil Service Commission Recruitment Principles
• Chief Executive is responsible for ensuring that the performance of staff at all levels is regularly appraised and performance management systems are reviewed from time to time
• Agency is responsible for promoting and supporting effective employee relations and, where appropriate, consulting with Civil Service Trades Unions in line with either a local Partnership Agreement or the overarching Partnership Agreement that exists between the Permanent Secretary and the Council of Scottish Government Unions. The Chief Executive is responsible for ensuring proper consultation with staff takes place on key issues affecting them.
• Chief Executive is responsible for the development of Agency staff, drawing as necessary on Scottish Government staff development resources and activity
• Chief Executive is responsible for ensuring appropriate promotion arrangements are in place, noting Agency staff are eligible for promotion opportunities within the Scottish Government Main and vice versa. The Agency will be expected to agree with Scottish Government Human Resources the arrangements to ensure common promotion standards are in place
• Chief Executive is responsible for ensuring effective grievance and disciplinary procedures are in place
• Agency’s risks, including public and employer liability, are carried in line with the Scottish Government's policy on insurance and the Chief Executive will keep the Portfolio Finance Team/Finance Business Partners or equivalent informed of the level of any contingent liabilities, including where possible an assessment of their values. Where appropriate, they will report contingent liabilities to the Scottish Parliament, seeking prior approval where appropriate in line with the Scottish Public Finance Manual
• responsibility for health and safety management lies with the Chief Executive, in line with current health and safety legislation, guidance and/or best practice. Assurances on health and safety management may be sought by the Occupational Health and Safety Branch of the Scottish Government
• Chief Executive, with regard to the requirements of efficient government and value for money, will keep the provision of support services under review as part of ensuring best value in all aspects of the Agency’s operations. This includes the use of shared service arrangements where participation offers value for money for the Agency or to the wider public purse. Opportunities to share the delivery of front-facing services should also be considered. The Agency will report annually on the steps taken during each financial year to improve efficiency, effectiveness and economy (including details of shared services activity), under the terms of the Public Services Reform (Scotland) Act 2010 and the associated guidance
• Chief Executive is responsible for ensuring the Agency complies with all statutory duties and relevant Scottish Government policies to which it is subject
• Chief Executive is responsible for ensuring adherence to all Scottish Government equality and diversity policies and relevant equalities legislation, including relevant public sector duties

Appointing the Chief Executive

The Accountant in Bankruptcy is appointed by Ministers as set out in the relevant legislation. They are an independent officer of the court, and the statute does not provide a means for Ministers to remove them from office. The Chief Executive is a Senior Civil Servant and is subject to the Civil Service Code. The post of Chief Executive may be filled by a managed move within the Civil Service, in the same way as any other senior management position within the Scottish Government, or it may be filled by open competition overseen by the Civil Service Commissioners.

When the two posts are combined in one person, as has always been the case since the Agency’s creation, the Director General will discuss the appointment with Ministers on the advice of the Senior Staff Team within the Scottish Government’s Human Resources and Organisational Development Directorate.

Relationship with stakeholders and other bodies

The Agency is committed to engaging with all of its partners and customers, with a strong focus on stakeholder communication. The Chief Executive will be accountable to Ministers for ensuring high and regular levels of stakeholder engagement, and will support Ministers in their own relationship with the relevant stakeholders.

Framework Document - arrangements for review

The Framework Document was revised and agreed in February 2025 and will be reviewed by the Senior Responsible Officer and Chief Executive every 3 years or as required by either party. Changes may be proposed in the light of experience or changed circumstances.

Relevant parts of the SG will be consulted on any proposed changes before they are submitted to the Scottish Ministers for approval.