Scottish Public Finance Manual

The Scottish Public Finance Manual (SPFM) is issued by the Scottish Ministers to provide guidance on the proper handling and reporting of public funds.


Annex 3: withdrawal of sponsored body accountable officer status

When circumstances lead to the withdrawal of a sponsored body Accountable Officer status the sponsored body would also wish to take disciplinary action which may lead to dismissal of the individual concerned. There may be circumstances in which the sponsored body might take the initial decision to suspend the Accountable Officer, with suspension or withdrawal of Accountable Officer status following.

The sponsored body should consult with their finance and internal audit committees and the Scottish Government (SG) and then take the appropriate investigative and disciplinary action (including prompt suspension if necessary), in this case separate action by the SG to consider withdrawal of Accountable Officer status will not be required. Where the SG have not been consulted, separate action is needed.

The relationship between the Principal Accountable Officer and the sponsored body Accountable Officer is governed by public rather than employment law. The Principal Accountable Officer has a duty to act fairly and rationally when making decisions which affects the sponsored body Accountable Officer, notably as to their continued employment.

If the loss of Accountable Officer status leads to dismissal, the dismissing employer will need to show, as a matter of employment law, that they acted reasonably in all the circumstances, and these may include the fairness of any decision to remove that status.

If the body board is contemplating such actions, it is essential that the SG Governance and Accountability Branch, the sponsor team, senior lead director and Portfolio Accountable Officer (assuming they are not the subject) should be made aware of the situation as soon as possible to ensure proper processes are followed with regards to withdrawal.

 

Page reviewed February 2025

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