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1. INTRODUCTION
This management statement and its associated financial memorandum have been drawn up by the Scottish Executive Education Department ( SEED) in consultation with colleagues in other areas of the Executive. The Chair, Principal Reporter and senior management team of the Scottish Children's Reporter Administration ( SCRA) were also consulted.
The SCRA shall satisfy the conditions and requirements set out in the management statement/financial memorandum ( MS/ FM), together with all relevant requirements in the Scottish Public Financial Manual ( SPFM) and such other conditions as the Scottish Ministers/Sponsor Division may from time to time impose. Any question regarding the interpretation of the management statement/financial memorandum shall be resolved by the Department after consultation with the SCRA.
1.1 Taken together, the management statement and financial memorandum set out the broad framework, within which the SCRA will operate, in particular:
- the rules and guidelines relevant to the exercise of the SCRA's functions, duties and powers;
- the conditions under which any public funds are paid to the SCRA;
- how the SCRA is to be held to account for its performance.
1.1.1 The financial memorandum sets out in greater detail certain aspects of the financial provisions which the SCRA is required to observe.
1.1.2 The documents are to be reviewed by the Department at least every two to three years (Section 8 below).
1.1.3 The SCRA or Scottish Ministers may propose amendments to either document at any time. Scottish Ministers will determine what changes, if any, are to be incorporated. Legislative changes will take precedence over any part of this document.
1.1.4 Copies of this document and any subsequent substantive amendments will be placed in the Library of the Scottish Parliament. Copies will also be made available to members of the public on request.
1.2 Founding legislation; status of the SCRA:
1.2.1 The SCRA was established under the Local Government (Scotland) Act 1994 ("the Act"). The SCRA is a body corporate and does not carry out its functions on behalf of the Crown.
1.3 Classification of the SCRA
1.3.1 "For policy/administrative purposes the SCRA is classified as an executive Non-Departmental Public Body ( NDPB)."
1.3.2 For national accounts purposes the SCRA is classified to the central government sector.
1.3.3 References to the SCRA include all its joint ventures that are classified to the public sector for national accounts purposes. If such a subsidiary or joint venture is created, there shall be a document setting out the arrangements between it and the SCRA.
1.4 The functions, duties and powers of the SCRA are set out in the Act (in particular sections 128 and 132). The key statutory functions are to:
- facilitate the performance by the Principal Reporter of her statutory functions in relation to children who may be in need of compulsory measures of care;
- provide suitable accommodation and facilities for children's hearings;
- facilitate the work of Children's Reporters; and
- deploy and manage staff to carry out that work.
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