DMBM675130 | Enforcement action: summary proceedings (Scotland): general: responsibility for summary proceedings

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Responsibilities of higher debt manager (Band HO)

Overall responsibility for the proper conduct of this work rests with the higher debt manager who:

• may choose to take proceedings in his/her own name where thought desirable at any stage in a case

• instructs as necessary when a defence is lodged

• selects the most effective and desirable method by which decree can be enforced

• checks and signs submissions to Debt Management Edinburgh Group Office etc.

• supervises progress of the proceedings ensuring that both a satisfactory and speedy conclusion to the case is received as soon as possible.

• ensures that debt managers attending sheriff court hearings are

• fully aware of the responsible nature of the work and that they have attended the appropriate training course

• are competent in their duties and have a full understanding of how they should conduct themselves in court

• are familiar with the procedures for their courts

• understand that they should immediately report any cases of doubt or difficulty to the higher debt manager.

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Responsibilities of debt manager (Band 0)

Immediate responsibility for the detailed conduct of this work rests with the debt manager who should

• supervise any work dealt with by debt management officers and debt management assistants

• take proceedings in his/her own right as a “Officer of Revenue and Customs” (DMBM675060)

• appear in, or attend at court, except where the higher debt manager has taken the decision to take the proceedings in his/her own name.

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Role of debt management officers and debt management assistants

Officers of grades below debt manager may deal with any clerical work required in the preparation and follow-up of summary proceedings cases.