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5.3 Code of Conduct for Board Members
Upon appointment to the Board, you should have been provided with a copy of your public body's Code of Conduct for Board Members (which will have been based on the Model Code of Conduct for Members of Devolved Public Bodies as approved by the Scottish Parliament).
It is your personal responsibility to make sure that your actions comply with the provisions of the Code of Conduct at all times as the Code contains the standards against which your conduct will be measured.
You should also review regularly, and at least annually, your personal circumstances with this in mind, particularly when your circumstances change. You must not at any time advocate or encourage any action contrary to the Code of Conduct.
No Code can provide for all circumstances and if you are uncertain about how any aspect of the Code applies, you should seek advice from the Standards Officer in your public body. You may also choose to consult your own legal advisers and, on detailed financial and commercial matters, seek advice from other relevant professionals. The Commission is also available for advice and guidance on any aspect of the Code.
Where a Board member has been accused of contravening the Code of Conduct, the matter will be referred to the Chief Investigating Officer of the Commission for consideration. He or she may then report to the Commission. It will be for the Commission to determine whether or not to proceed with the matter.
What if your Public Body is not covered by the Ethical Standards Act?
As an individual Board member, you are accountable to both Ministers and the public for your actions and decisions. It is important to emphasise that, irrespective of whether or not your public body is covered by the Ethical Standards Act, you are still required to adhere to the principles that underpin the ethical framework and have regard to provisions set out in the Model Code of Conduct in carrying out your public duties. It is your personal responsibility to ensure that your conduct is beyond reproach.
The Ethical Standards Act does make provision for Scottish Ministers to introduce a code or codes of conduct under the Public Authorities Regime for bodies not currently listed in Schedule 3 to the Act. However, while public bodies and their Board members will be expected to act in accordance with this code of conduct, they will not be subject to investigation by the Chief Investigating Officer or to sanctions by the Standards Commission.
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