Public Body Board Members - Representative or Representing?

27th July 2026

Public Body Board Members - Representative or Representing?

Composition of public body boards

Boards of public bodies in Scotland are often made up of individuals who are appointed, elected or nominated in different ways. For example, college sector boards include members who are elected or nominated by virtue of them being a member of staff, a student or a member of a trade union. Health and Social Care Integration Joint Boards include representatives from councils, NHS boards, the voluntary sector, as well as GPs, service users, carers and lived experience members.

The reason for this is to ensure that the boards of these public bodies benefit from diversity of thought and allow input from, and the perspectives of, all key stakeholders to be considered in any decision-making.

It is important, therefore, that board members of these public bodies understand, respect and take account of differences in the backgrounds, knowledge, experiences and organisational cultures of their fellow members. This helps make sure matters are discussed in a respectful and constructive manner which, in turn, helps the public body to work effectively.

Requirement to act in the best interests of the public body

Members should be clear nevertheless that, when acting as board members (including contributing to discussions and making decisions), they are required to act in the best interests of the public body, and not the interests of any individual group, body or organisation from which they have been appointed, nominated or elected.

Members can inform the board about the views, perspectives, policies and priorities of any outside group, body or organisation. They can highlight the potential impact of any decisions the board may make. However, their role on the board is not to act as a delegate, lobby or be an advocate for, any outside group, body or organisation. In other words, these members are appointed to the board as representatives of their outside group, body or organisation; they are not there to represent the group, body or organisation (by contributing or making decisions on its behalf).  They are not expected to report back to any outside group, body or organisation on the work and discussions of their public body’s board, unless specifically authorised to do so.

It is important to note, however, that the duty to act in the best interests of the public body does not prevent a member from bringing forward relevant experiences or perspectives from any constituency from which they have been appointed, nominated or elected. Such input is appropriate, provided that decisions are ultimately made independently and on the basis of all relevant information and evidence.

Independent judgement and decision-making

In order to maintain public confidence, it is essential that members not only make decisions, but are seen to be making decisions, both in the best interests of the public body and based on the information provided by employees and matters discussed during any discussion at the board meeting in question. Members should not make or be seen to be making decisions based solely on the interests of any particular constituency (including any organisation, body or group of which they might be or reasonably be considered as representing).

There is an important distinction between a member gathering views to inform their perspective and independent judgment (which is appropriate) and seeking instructions from an outside organisation, body or group about how to vote (which is not allowed).

This does not mean members are required to support every proposal or should avoid challenging recommendations made. Challenging decisions with evidence, asking questions for the purpose of scrutiny, and highlighting the potential impact on constituents and service users is an important part of acting in the best interests of the public body, because they help the board make better and informed decisions. It should also be noted that it may be that members reach different conclusions about what constitutes the best interests of the public body and best value, while still exercising independent judgement.

The requirement for members to act in the interests of the public body and to maintain their independence means members might be required to make decisions that could potentially be inconsistent with, or diverge from, the priorities or potential aims of any constituency from which they have been appointed. This requirement applies both within the boardroom and outside it. No outside body, organisation, or group is entitled to direct how members vote or to hold them accountable for their voting decisions. If members experience pressure of this kind, they should seek support from their public body’s Standards Officer or Chair.