Agency Framework Document

The Agency’s mission is to ensure access to and the delivery of fair and just processes of debt relief and debt management for the people of Scotland, which takes account of the rights and interests of those involved.

We will ensure our activities are in line with our values and that they are:

• independent
• responsive
• accountable
• transparent
• fair
• open

The Agency will help deliver against all 11 of Scotland’s National Outcomes. Our primary focus is the National Outcome on poverty and the associated National Indicator on unmanageable debt.

We will achieve this through the following key function and definitions, whilst recognising our unique statutory role.

Delivering, with stakeholders, a range of options for individuals seeking debt relief and debt management

• determining debtor applications for bankruptcy
• acting as trustee in all bankruptcies awarded by the Agency, where the debtor has not requested a named person to be the trustee
• acting as trustee in all bankruptcies awarded by the Sheriff Courts where a sheriff does not appoint a named person to be trustee
• acting as interim trustee before the award of bankruptcy except in those cases where an alternative interim trustee is appointed when nominated by the petitioning creditor
• acting as trustee as appointed by the sheriff on the resignation or death of the original trustee where no new trustee is elected
• undertaking the functions of the commissioners in bankruptcies where none are elected by creditors
• approving debt payment programmes and approving DAS money advisers
• adjudicating DAS debt payment programme applications from certain categories of businesses

Supervising the insolvency process 

• supervising the operation of the bankruptcy process including the performance of trustees and commissioners in the exercise of their statutory duty
• regulating and supervising the registration and administration of trust deeds, including the performance of trustees
• investigating debtor behaviour prior to and following sequestration and imposing Bankruptcy Restrictions Orders for periods of up to 5 years where appropriate. In cases where a longer period of bankruptcy restrictions is believed to be warranted, cases are referred to the sheriff court for consideration
• registering statutory company insolvency documents filed by receivers and liquidators in terms of the Insolvency Act 1986

Providing statutory information on our public registers 

• maintaining a public Register of Insolvencies (ROI), which records bankruptcies awarded by the Scottish Courts or by the Agency. The ROI also provides moratorium information along with information on protected trust deeds, Bankruptcy Restrictions Orders and corporate insolvencies
• maintaining the DAS register, which records details of individuals who are repaying their debt through a DAS debt payment programme or have intimated an intention to submit a DAS application, and moratorium information
• Supporting Ministers to develop and refine policy by providing honest, impartial and objective advice in relation to:
• policy for personal insolvency and diligence and developing arrangements for corporate insolvency in Scotland
• policy for the Debt Arrangement Scheme

Achieving best value services to customers

• minimising the requirement for public funding
• maximising the return to creditors insofar as the rights and interests of all those involved are duly considered
• embedding efficient systems and processes

Detailed targets and objectives are provided in the Agency corporate and business plans.