Role of a Public Body Chair in the Ethical Standards Framework

31st March 2025

Chairs of public bodies in Scotland have a key role to play in the ethical standards framework by ensuring the culture of their public body is constructive and respectful, and one where all board members are encouraged actively to participate and express views.

What is the Chair’s role in terms of the ethical standards framework?

Each individual board member is responsible for ensuring they are aware of, and comply with, the Code of Conduct for their public body’s members (the Code). Chairs are expected, nevertheless, to contribute to the promotion and maintenance of high standards of conduct and a respectful organisation-wide culture, by ensuring they lead by example and encourage their colleagues to adhere to the Code and the key principles of public life in Scotland.

Chairs are expected, therefore, to have a good awareness of the Code, as other members and employees may seek advice or support from them on the interpretation and application of its provisions. Chairs should familiarise themselves with the content of the Standards Commission’s Guidance on the Model Code and any relevant Advice Notes and to draw these to the attention of members. Chairs may also wish to review, and encourage other members to review, the Standards Commission’s Standards Updates and decisions so that any relevant learning points that have arisen at recent Hearings are noted.

Chairs may wish to note that a failure by a member to comply with the Code can have an adverse impact on not only that individual member’s reputation but also the reputation of the public body as whole. It can also lead to the risk of legal action being raised against the public body, with associated resource and cost implications. As such, it may be helpful for Chairs to intervene and advise a member accordingly if there are concerns about that member’s behaviour and, in particular, that they have breached the Code or could be about to do so.

A Chair may have a role in trying to resolve a matter informally if any complaint is made, or if concerns are raised about a member’s conduct. It should be noted that there is no requirement for a Chair (or anyone else) to refer the matter to the ESC as a formal complaint. The Chair may wish to consider doing so, however, if it does not appear the matter can be resolved and / or the alleged conduct is serious in nature. In making such a decision, Chairs should consider the impact of the alleged conduct on others, the likelihood of it continuing or being repeated, and the potential risk to the reputation of the public body if no action is taken.

Chairs may wish to consider including a discussion on compliance with the Code and key principles of public life in board members’ annual appraisals and any review of board effectiveness.

A Chair’s role in respect of certain provisions in the Code

Respect, bullying and harassment: As noted above, Chairs have a key role in promoting a respectful culture and again, should lead by example. Chairs should actively encourage all members to participate and express their views. They should also encourage diversity of thought and make it clear to members that there is nothing wrong with them disagreeing with others, provided they express any opposing view in a respectful manner and comply with the principle of collective responsibility.

Relationships with employees: The Code states that members should not undermine any individual employee or group of employees, or raise concerns about their performance, conduct or capability in public. Chairs should, therefore, advise members that any concerns about an employee should be raised in private with the Chair who can then bring such concerns to the attention of the Chief Executive or the employee’s line manager, as appropriate.

Inappropriate involvement in operational matters: Chairs can have a role in ensuring members do not become inappropriately involved in operational matters by checking that members and employees of the public body share a common understanding regarding which matters are strategic and which are operational in nature. Chairs can review meeting agendas in advance to check whether matters being discussed are at an appropriate level and that members are being provided with sufficient, timely and relevant information to allow them to undertake their strategic and scrutiny roles effectively, without becoming too focused, either individually or as a board, on matters that are operational in nature.

Collective responsibility: Chairs may find it useful to remind their colleagues, from time to time, that while constructive challenge is to be encouraged and welcomed, they must share collective responsibility for decisions taken by the board as a whole, once such decisions have been made.

Confidentiality: Chairs can have a role in ensuring members do not disclose confidential information. They can do so by, for example, ensuring that members and employees of the public body share a common understanding regarding which matters are confidential and how any paper or specific information within papers that is confidential will be marked as such. Chairs can also reiterate, at meetings, that a matter that is about to be discussed or a decision that has been made is confidential. Chairs may wish to explain why information has been deemed confidential so that members understand the reasoning behind any decision not to make it public and, if applicable, the date or point at which it will cease to be confidential.

Hospitality: Chairs may wish to encourage members to discuss any offers of hospitality with them before acceptance. In considering whether it is appropriate and in compliance with the Code to accept an offer of hospitality, Chairs can encourage members to consider whether there could be a reasonable perception that acceptance could, or would, influence their decision-making as a member of the public body.

Registering interests: If any of their fellow members are unclear as to whether they need to register any interest, the Chair should encourage them to seek advice from the public body’s Standards Officer or the Standards Commission as early as possible.

Identifying and declaring relevant interests: Similarly, if any members are unclear as to whether they have a declarable interest, the Chair should encourage them, where possible, to seek any advice or support from the Standards Officer in private and in advance of any relevant board or committee meeting. This will afford the Standards Officer the opportunity to ask any relevant questions, obtain necessary information and give the matter proper consideration, so that they are then in a position to give informed advice.

Chairs should remind members that it is their personal responsibility to ensure that they declare any interests and that they should not rely on their colleagues or the public body’s Standards Officer (or any other employee) to advise or remind them to do so. This is because other members and employees may not be aware of the extent of the member’s connection to or interest in a matter, or may not recall it.

Chairs should also remind any member who has declared an interest in a matter that they must leave the room (or any online meeting platform) until the discussion and any decision-making on the matter has concluded.

Lobbying and access: Chairs may wish to ensure that other members understand the difference between:

• engaging with service users and stakeholders (which could include dealing with enquiries from the public and any community engagement where they are working with individuals and organisations to encourage their participation and involvement); and
• lobbying (which is where they are approached by any individual or organisation who is seeking to influence them for financial gain or advantage, particularly those who are seeking to do business with the public body).

The Standards Commission has produced an Advice Note that provides more information on the role of the Chair in the Ethical Standards Framework, which can be found here.