Agency Framework Document

Scottish Ministers are responsible for determining the overall policy and resources framework within which the Agency operates and, ultimately, are accountable to the Parliament for its functions and performance. They will not, however, intervene in the day-to-day management of the Agency.

Ministers have no locus in individual cases, either in relation to decisions taken or the Accountant’s performance of his duties, and are not answerable to the Parliament for such decisions: where recourse is to the courts.

Responsibilities of Scottish Ministers include:

• holding the Chief Executive to account for the economic, effective and efficient operation of the Agency
• approving the Agency’s strategic objectives and the performance framework within which it operates, within the bounds set by legislation
• setting the budget for the Agency, including responsibility for determining the level of any fees and charges levied for the Agency’s services
• taking related legislation through the Parliament
• receiving the annual report and audited financial accounts from the Chief Executive
• ensuring the Agency’s Chief Executive has the right of direct access to appropriate Ministers
• approving this Framework Document and any revisions to it

Scottish Ministers may, after consultation with the Lord President of the Court of Session, give the Chief Executive general directions as to the performance of their functions under the Bankruptcy (Scotland) Act 1985, as amended.

Such directions may be given in respect of all cases or any class or description of cases but may not be given in respect of any one particular case.