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Code of Conduct for
Board Members of Scots Rights
1. This code describes the responsibilities of members of the Board of Scots Rights in relation to their individual conduct.
2. The board of SCOTS RIGHTS must at all times;
2.1 observe the highest standards of impartiality, integrity and objectivity in relation to the advice they provide.
2.2 as charity trustees of SCOTS RIGHTS be responsible to the Charity Commission for Scotland for the management and administration of the charity.
3. Standards in Public Life
3.1 All board members must:
Follow the Seven Principles of Public Life set out by the Committee on Standards in Public Life:
Holders of public office should take decisions solely in terms of the public interest. They should not do so in order to gain financial or other material benefits for themselves, their family or their friends.
Holders of public office should not place themselves under any financial or other obligation to outside individuals or organisations that might influence them in the performance of their official duties.
3) Objectivity
In carrying out public business, including making public appointments, awarding contracts, or recommending individuals for rewards and benefits, holders of public office should make choices on merit.
4) Accountability
Holders of public office are accountable for their decisions and actions to the public and must submit themselves to whatever scrutiny is appropriate to their office.
Holders of public office should be as open as possible about all the decisions and actions that they take. They should give reasons for their decisions and restrict information only when the wider public interest clearly demands.
Holders of public office have a duty to declare any private interests relating to their public duties and to take steps to resolve any conflicts arising in a way that protects the public interests.
Holders of public office should promote and support these principles by leadership and example.
Comply with this Code, and ensure they understand their duties, rights and responsibilities, and that they are familiar with the function and role of ScotsRights.
Not misuse information gained in the course of their public service for personal gain or for political purpose, nor seek to use the opportunity of public service to promote their private interests or those of connected persons, firms, businesses or other organisations.
4. Role of board members
4.1 Members of the board have collective responsibility for the operation of ScotsRights. They must engage fully in collective consideration of the issues, taking account of the full range of relevant factors.
Respond appropriately to complaints.
Ensure that the board does not exceed its powers or functions.
4.2 Communications between the board and the media will generally be through the chairman except where the board has agreed that an individual member should act on its behalf.
Individual board members can normally be removed from office by the membership if they fail to perform the duties required of them inline with the standards expected in public office.
5. The role of the chairman
5.1 The chairman has particular responsibility for providing effective leadership on the issues above. In addition, the chairman is responsible for
Ensuring that the board meets at appropriate intervals, and that the minutes of meetings and any accurately record the decisions taken and, where appropriate, the views of individual board members;
Representing the views of the board to the general public; and
Ensuring that new board members are briefed on appointment (and their training needs considered), and providing an assessment of their performance, on request, when members are considered for re-appointment to the board.
6. Handling conflicts of interests
6.1 The purpose of these provisions is to avoid any danger of board members being influenced, or appearing to be influenced, by their private interests in the exercise of their duties. All board members should therefore declare any personal or business interest which may, or may be perceived (by a reasonable member of the public) to, influence their judgment. This should include, as a minimum, personal direct and indirect pecuniary interests, and should normally also include, such interests of close family members and of people living in the same household. The register of interests should be kept up-to-date and be open to the public.
6.2 A declaration of any interest should also be made at any board meeting if it relates specifically to a particular issue under consideration, for recording in the minutes (whether or not a board member also withdraws from the meeting).
6.3 Board members should not participate in the discussion or determination of matters in which they have an interest, and should normally withdraw from the meeting (even if held in public) if:
their interest is direct and pecuniary; or
their interest is covered in specific guidance issued by Scots Rights, which requires them not to participate and/or to withdraw from the meeting.
7. Personal liability of board members
7.1 Legal proceedings by a third party against individual board members of advisory bodies are very exceptional. A board member may be personally liable if he or she makes a fraudulent or negligent statement which results in a loss to a third party; or may commit a breach of confidence under common law or a criminal offence under insider dealing legislation, if he or she misuses information gained through their position. However, it is Scots Rights’ policy that individual board members who have acted honestly, reasonably, in good faith and without negligence, will not have to meet out of their own personal resources any personal civil liability which is incurred in execution or purported execution of their board functions
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