Collective Responsibility

17th September 2025

Model Code of Conduct

The Scottish Parliament demonstrated its commitment to the promotion of high standards in public life by passing the Ethical Standards in Public Life etc. (Scotland) Act 2000 as one of its earliest statutes. The Act introduced an ethical framework which required a Model Code of Conduct to be issued for board members of the devolved public bodies listed in Schedule 3 of the Act.

The Model Code of Conduct for Members of Devolved Public Bodies, which is issued by the Scottish Ministers, with the approval of the Scottish Parliament, was first introduced in 2002, and has since been revised on a number of occasions, most recently in 2021. Each designated devolved public body is obliged to have a Code of Conduct for their members, based on the Model Code, to reflect the functions and characteristics of the individual body. Each individual board member is personally responsible for ensuring they are aware of, and comply with, the provisions of their body’s Code.

The public bodies listed in Schedule 3 of the Act include:

·       National Bodies, such as the Scottish Legal Aid Board

·       Regional Bodies, such as Highlands and Islands Enterprise

·       National Health Service Boards

·       Health & Social Care Integration Joint Boards

·       Further Education Colleges

·       National Parks

·       Regional Transport Partnerships

·       Community Justice Authorities 

With the exception of Health & Social Care Integration Joint Boards, the Codes for all the devolved public bodies contain a provision that requires the body’s board members to “respect the principle of collective decision-making and corporate responsibility”.

So, what is the principle of collective decision-making and corporate responsibility?

The principle of collective decision-making means individual board members are responsible for the board’s decisions and actions as a whole. In other words, any decision is seen as being made by the board and is not, and should not be, attributable to any single individual.

This means that while board members can and should have free and frank discussions prior to coming to a collective decision, once a position or decision has been agreed (either by consensus or by a vote), all members are expected to abide by and support that position or decision, even if they did not agree with or vote for it. They are not allowed to criticise the decision publicly or take any action that could undermine it (including by disclosing confidential information to any parties outwith the public body).

Why is collective decision-making and corporate responsibility important?

Collective responsibility is important as it fosters inclusivity and allows for greater consensus and acceptance. Striving for consensus encourages discussion and debate, which helps prevent unilateral and potentially reckless decisions being made. This, in turn, helps ensure public bodies make decisions in the public interest and in accordance with the need to achieve Best Value. The principle also provides strength and unity, which ensures confidence in the public body is maintained.

In addition, collective responsibility means responsibility and accountability are shared across the board as a whole. It further means public body employees can proceed to undertake the work required to implement decisions without fear of a change in direction or policy, any despite any personal or political tensions that may arise between board members.

So, what does this mean in practice?

The collective responsibility in the Code is not intended to inhibit or reduce private discussion by board members in matters of decision-making and corporate responsibility. It means, however, that while they can and should offer constructive challenge, they must share responsibility for decisions taken by the board as a whole once such decisions have been made. The principle of collective responsibility applies at all times where an individual is acting as a member of their public body, has identified themself as a member or could be perceived reasonably to be acting as such. This could include when they are making a press statement, providing a quote to the media or posting on social media.

If an individual disagrees fundamentally with the decision taken by their board, they have the option of recording their concerns in the minutes of the meeting in question. If the individual remains discontented, they can ask the Chair of the board for a meeting to discuss their concerns. Ultimately, though, if the individual’s concerns are not resolved to their satisfaction and they cannot accept and support the collective decision of the board, they will have to consider whether it is appropriate to resign.

It should be noted that the requirement to respect the principle of collective decision-making and corporate responsibility does not prevent a board from making a subsequent formal decision to alter, delete or rescind a decision (although if the board does so, the principle will apply to the new or altered decision).