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Argyll Bute Standing Order v3.3

Argyll and Bute Council · 25 May 2022
Back to Argyll and Bute HSCP Integration Joint Board (IJB) — 25 May 2022 and its agenda

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STANDING ORDERS
ARGYLL AND BUTE INTEGRATION JOINT
BOARD 
May 2022

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Document control
Title IJB and Committee Terms of Reference 
Author Integration Joint Board 
Creation date Document Control May 2022
Date of version May 2022 
Version history
Version Comments
V3.3 Draft updated Model Code of Conduct in line with advisory from
Scottish Government.  3.7 updated to Chief Officer

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1. General
These Standing Orders are made under the Public Bodies (Joint Working) (Scotland)
Act 2014 and the Public Bodies (Joint Working) (Integration Joint Boards) (Scotland)
Order 2014. These Standing Orders shall, as far as applicable be the rules and
regulations for the proceedings of Committees and working groups and therefore
reference to the term ‘Board’ in the said Standing Orders should be interpreted
accordingly. The term ‘Chairperson’ shall also be deemed to include the Chairperson
of any Committee or working groups but only in relation to such Committees or working
groups. 
1.2 In these Standing Orders “the Integration Joint Board” shall mean Argyll and Bute
Integration Joint Board established in terms of the (SSI 2015/88) Order 2015. ‘’The
Council’’ means Argyll & Bute Council and ‘’The Health Board’’ means NHS Highland
Health Board. 
1.3 Any statutory provision, regulation or direction issued by the Scottish Ministers
shall have precedence if they are in conflict with the Standing Orders. 
2. Membership 
2.1 Voting membership of the Integration Board shall comprise four NHS Highland
Board members, nominated by the NHS Board, and four Elected Members of Argyll &
Bute Council, (hereinafter referred to as the Council) nominated by the Council. 
2.2 Non-voting membership of the Integration Board shall comprise:
a. the Chief Social Work Officer of the Council;
b. the Chief Officer of the Integration Joint Board;
c. the proper officer of the Integration Joint Board appointed under section 95 of the
Local Government (Scotland) Act 1973;
d. a registered medical practitioner whose name is included in the list of primary
medical services performers prepared by the Health Board in accordance with
Regulations made under section 17P of the National Health Service (Scotland) Act
1978;
e. a registered nurse who is employed by the Health Board or by a person or body
with which the Health Board has entered into a general medical services contract;
f. a registered medical practitioner employed by the Health Board and not providing
primary medical services.
g. one member  staff from the Health Board and one member of staff from  the Council
engaged in the provision of services provided under integration functions;
h. one member in respect of third sector bodies carrying out activities related to health
or social care in the area of the local authority;
i. two members in respect of service users residing in the Council area  Council;
j. one member in respect of persons providing unpaid care in the Council area of ; and
k. such additional members as the Integration Joint Board sees fit to appoint with the
proviso that  a member  appointed under this paragraph may not be a councillor or a
member of the Health Board.
The members appointed under paragraphs (d) to (f) must be determined by the Health
Board.

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2.3 A member of the Integration Joint Board in terms of 2.2 (a) to (c) will remain a
member for as long as they hold the office in respect of which they are appointed.
Otherwise, the term of office of Members of the Integration Joint Board shall be for a
period of up to 3 years. 
2.4 Where a member resigns or otherwise ceases to hold office, the person
appointed in his/her place shall be appointed for the unexpired term of the Member
they replace. 
2.5 On expiry of a member’s term of appointment the member shall be eligible for re-
appointment provided that he/she remains eligible and is not otherwise disqualified
from appointment. 
2.6 A voting member appointed under paragraph 2.1 ceases to be a member of the
Integration Joint Board if they cease to be either a Councillor or a member of the NHS
Board or an Appropriate Person in terms of the Public Bodies (Joint Working)
(Integration Joint Boards) (Scotland) Order 2014 from the date they cease to be a
councillor or member of NHS Board or appropriate person. 
2.7 A member of the Integration Joint Board, other than those members referred to in
paragraph 2.2(a) to (g, may resign his/her membership at any time during their term
of office by giving notice to the Integration Joint Board in writing. The resignation shall
take effect from the date notified in the notice or on the date of receipt if no date is
notified. If this is a voting member the Integration Joint Board must inform the
constituent authority that made the nomination. 
2.8 If a member has not attended three consecutive meetings of the Integration Joint
Board, and their absence was not due to illness or some other reasonable cause as
determined by the Integration Joint Board, the Integration Joint Board may, by giving
one month’s notice in writing to that member, remove that person from office. 
2.9 If a member acts in a way which brings the Integration Joint Board into disrepute
or in a way which is inconsistent with the proper performance of the functions of the
Integration Joint Board, the Integration Joint Board may remove the member from
office with effect from such date as the Integration Joint Board may specify in writing. 
2.10 If a member is disqualified under article 8 of the Public Bodies (Joint Working)
(Integration Joint Boards) (Scotland) Order 2014 during a term of office they are to be
removed from office immediately. 
2.11 A constituent authority may remove a member which it nominated by providing
one month’s notice in writing to the member and the Integration Joint Board. (Article
14.1) 
2.12 If a member is unable to attend a meeting, a suitably experienced proxy may be
appointed by the constituent authority which nominated the member. The appointment
of such proxy members will be subject to the same rules and procedures for members.
Proxy members shall receive papers for meetings of the Integration Joint Board and
shall be entitled to attend or vote at a meeting, only in the absence of the principal
member they represent. If the Chairperson or Vice Chairperson is unable to attend a

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meeting of the Integration Joint Board, any depute member attending the meeting may
not preside over that meeting. 
2.13 The acts, meetings or proceedings of the Integration Joint Board shall not be
invalidated by any defect in the appointment of any member. 
2.14 Where there is a temporary vacancy in the voting membership of the Integration
Joint Board, the vote which would have been exercisable by a member appointed to
that vacancy may be exercised jointly by the other members nominated by the relevant
constituent authority. Where two or more temporary vacancies occur, or a temporary
vacancy remains unfilled for longer than 6 months Article 13 of the Order shall be
applied. Public Bodies (Joint Working) (Integration Joint Boards) (Scotland) Order
2014 
3. Chairperson and Vice Chairperson 
3.1 The Chairperson and Vice Chairperson will be drawn from the NHS Board and the
Council voting members of the Integration Joint Board. If a Council member is to serve
as Chairperson then the Vice Chairperson will be a member nominated by the NHS
Board and vice versa. The first Chairperson of the Integration Joint Board will be
appointed on the nomination of the Council. 
3.2 The appointment to Chairperson and Vice Chairperson is time limited to a period
not exceeding two years and carried out on a rotational basis between Council and
NHS Board appointed Chairperson, as agreed in the Integration Scheme. The Council
or NHS Board may change their appointee as Chairperson or Vice Chairperson during
an appointing period. 
3.3 The Vice-Chairperson may act in all respects as the Chairperson of the Integration
Joint Board if the Chairperson is absent or otherwise unable to perform his/her duties. 
3.4 At every meeting of the Integration Joint Board or committee of the Integration
Joint Board the Chairperson, if present, shall preside. If the Chairperson is absent from
any meeting the Vice-Chairperson, if present, shall preside. If both the Chairperson
and the Vice-Chairperson are absent, a Chairperson shall be appointed from the
voting members by the voting members present for that meeting. Any proxy member
attending the meeting may not preside over that meeting. 
3.5 Powers, authority and duties of Chairperson and Vice-Chairperson.
The Chairperson shall amongst other things:- 
(a) Preserve order and ensure that every member has a fair hearing;
(b) Decide on matters of relevancy, competency and order, and whether to have a
recess during the meeting, having taken into account any advice offered by the Chief
Officer or other relevant officer in attendance at the meeting;
(c) Determine the order in which speakers can be heard;
(d) Ensure that due and sufficient opportunity is given to members who wish to speak
to express their views on any subject under discussion;
(e) If requested by any member, ask the mover of a motion, or an amendment, to state
its terms;

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(f) Maintain order and at his/her discretion, order the exclusion of any member of the
public who is deemed to have caused disorder or misbehaved;
(g) The decision of the Chairperson on all matters within his/her jurisdiction shall be
final;
(h) Deference shall at all times be paid to the authority of the Chairperson. When
he/she rises to speak, the Chairperson shall be heard without interruption; and
(i) Members shall address the Chairperson while speaking; 
4. Meetings 
4.1 The first meeting of the Integration Joint Board will be convened at a time and
place to be determined by the Chairperson. Thereafter Integration Joint Board shall
meet at such place and such frequency as may be agreed by the Integration Joint
Board. 
4.2 The Chairperson may convene special meetings if it appears to him/her that there
are items of urgent business to be considered. Such meetings will be held at a time,
date and venue as determined by the Chairperson. If the Office of Chairperson is
vacant, or if the Chairperson is unable to act for any reason the Vice-Chairperson may
at any time call such a meeting. 
4.3 If the Chairperson refuses to call a meeting of the Integration Joint Board after a
requisition for that purpose specifying the business proposed to be transacted, signed
by at least two thirds of the voting members, has been presented to the Chairperson
or if, without so refusing, the Chairperson does not call a meeting within seven days
after such requisition has been presented, those members who presented the
requisition may forthwith call a meeting provided no business shall be transacted at
the meeting other than specified in the requisition. 
4.4 Adequate provision will be made to allow for members to attend a meeting of the
Integration Joint Board or a committee of the Integration Joint Board either by being
present together with other members in a specified place, or in any other way which
enables members to participate despite not being present with other members in a
specified place. 
5. Notice of Meeting
5.1 Before each meeting of the Integration Joint Board, or a committee of the
Integration Joint Board, a notice of the meeting, specifying the time, place and
business to be transacted at it and agreed by the Chairperson, or by a member
authorised by the Chairperson to agree on his/her behalf, shall be delivered to every
member by electronic means so as to be available to them at least five full working
days before the meeting. Failure of service of the notice on any member shall not
affect the validity of anything done at a meeting. 
5.2 In the case of a meeting of the Integration Joint Board called by members in default
of the Chairperson, the notice is to be signed by those members who requisitioned the
meeting. 
5.3 At all ordinary or special meetings of the Integration Joint Board, no business other
than that on the agenda shall be discussed or adopted except where by reason of

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special circumstances, which shall be specified in the minutes, the Chairperson is of
the opinion that the item should be considered at the meeting as a matter of urgency. 
6. Quorum
6.1 No business shall be transacted at a meeting of the Integration Joint Board unless
there are present, and entitled to vote both Council and NHS Board members and at
least one half of the voting members of the Integration Joint Board are present. 
6.2 If within ten minutes after the time appointed for the commencement of a meeting
of the Integration Joint Board, a quorum is not present, the meeting will stand
adjourned to such date and time as may be fixed and the minute of the meeting will
disclose the fact. 
7. Codes of Conduct and Conflicts of Interest 
7.1 Members of the Integration Joint Board shall subscribe to and comply with both
the Standards in Public Life - Code of Conduct for Members of Devolved Public Bodies
and Councillors Code of Conduct and Guidance made in respect thereto which are
deemed to be incorporated into these Standing Orders. All members who are not
already bound by the terms of either Code shall be obliged before taking up
membership, to agree in writing to be bound by the terms of the Code of Conduct for
Members of Devolved Public Bodies. 
7.2 If any member has a financial or non-financial interest as defined in the Councillors’
Code of Conduct or the Code of Conduct of Members of Devolved Public Bodies and
is present at any meeting at which the matter is to be considered, he/she must as soon
as practical, after the meeting starts, disclose that he/she has an interest and the
nature of that interest and if he/she is precluded from taking part in consideration of
that matter. 
7.3 If a member or any associate of theirs has any pecuniary or any other interest
direct or indirect, in any contract or proposed contract or other matter and that member
is present at a meeting of the Integration Joint Board, that member shall disclose the
fact and the nature of the relevant interest and shall not be entitled to vote on any
question with respect to it. A member shall not be treated as having any interest in any
contract or matter if it cannot reasonably be regarded as likely to significantly affect or
influence the voting by that member on any question with respect to that contract or
matter. 
7.4 Where an interest is disclosed, the other members present at the meeting in
question must decide whether the member declaring the interest is to be prohibited
from taking part in discussion of or voting on the item of business. 
8. Adjournment of Meetings 
8.1 A meeting of the Integration Joint Board may be adjourned to another date, time
or place by a motion, which shall be moved and seconded and put to the meeting
without discussion. If such a motion is carried by a simple majority of those present
and entitled to vote, the meeting shall be adjourned to the day, time and place

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specified in the motion. In addition the Chairperson may adjourn the meeting at their
sole discretion. 
9. Disclosure of Information 
9.1 No member or officer shall disclose to any person any information which falls
into the following categories:-
 Confidential information within the meaning of Section 50(a) (2) of the Local
Government (Scotland) Act 1973.
 The full document, or any part of any document marked “not for publication by
virtue of the appropriate paragraph of Part 1 of Schedule 7A of the Local
Government (Scotland) Act 1973, unless and until the document has been
made available to the public or press under section 50B of the said 1973 Act.
 Any information regarding proceedings of the Integration Joint Board from
which the public have been excluded unless or until disclosure has been
authorised by the Integration Joint Board or the information has been made
available to the press or to the public under the terms of the relevant legislation. 
9.2 Without prejudice to the foregoing no member shall use or disclose to any person
any confidential and/or exempt information coming to his/her knowledge by virtue of
his/her office as a member where such disclosure would be to the advantage of the
member or of anyone known to him/her or which would be to the disadvantage of the
Integration Joint Board. 
10. Recording of Proceedings
No sound, film, video tape, digital or photographic recording of the proceedings of any
meeting shall be made without prior written approval of the Integration Joint Board. 
11. Admission of Press and Public 
11.1 Subject to the extent of the accommodation available and except in relation to
items certified as exempt, meetings of the Integration Joint Board shall be open to the
public. The Chief Officer shall be responsible for giving public notice of the time and
place of each meeting of the Integration Joint Board by posting within the main offices
of the Integration Joint Board not less than five days before the date of each meeting. 
11.2 The Integration Joint Board may by resolution at any meeting exclude the press
and public during consideration of any item of business where it is likely, in view of the
nature of the business to be transacted or of the nature of the proceedings, that if
members of the press and public were present there would be a disclosure to them of
exempt information as defined in Schedule 7(A) of the Local Government (Scotland)
Act 1973 Act or it is likely that confidential information would be disclosed in breach of
an obligation of confidence. 
11.3 Every meeting of the Integration Joint Board shall be open to the public but these
provisions shall be without prejudice to the Integration Joint Board’s powers of
exclusion in order to suppress or prevent disorderly conduct or other misbehaviour at
a meeting. The Integration Joint Board may exclude or eject from a meeting a member
or members of the press and public whose presence or conduct is impeding the work
or proceedings of the Integration Joint Board.

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12. Alteration, Deletion and Rescission of Decisions of the Integration Joint
Board 
Except insofar as required by reason of illegality, no motion to alter, delete or rescind
a decision of the Integration Joint Board will be competent within six months from the
decision, unless a decision is made prior to consideration of the matter to suspend this
Standing Order in terms of Standing Order 13. 
13. Suspension, Deletion or Amendment of Standing Orders
Any one or more of the Standing Orders in the case of emergency as determined by
the Chairperson upon motion may be suspended, amended or deleted at any meeting
so far as regards any business at such meeting provided that two thirds of the
members of the Integration Joint Board present and voting shall so decide. Any motion
to suspend Standing Orders shall state the number or terms of the Standing Order(s)
to be suspended. 
14. Motions, Amendment and Debate 
14.1 It will be competent for any Member of the Integration Joint Board at a meeting
of the Integration Joint Board to move a motion directly arising out of the business
before the meeting. 
14.2 No member, with the exception of the mover of the motion or amendment, will
speak supporting the motion or amendment until the same will have been seconded. 
14.3 Subject to the right of the mover of a motion, and the mover of an amendment,
to reply, no member will speak more than once on the same question at any meeting
of the Integration Joint Board except:-
 On a question of Order
 With the permission of the Chairperson
 In explanation or to clear up a misunderstanding in some material part of
his/her speech.
In all of the above cases no new matter will be introduced. 
14.4 The mover of an amendment and thereafter the mover of the original motion will
have the right of reply for a period of not more than 5 minutes. He/she will introduce
no new matter and once a reply in commenced, no other member will speak on the
subject of debate. Once these movers have replied, the discussion will be held closed
and the Chairperson will call for the vote to be taken. 
14.5 Amendments must be relevant to the motions to which they relate and no member
will be at liberty to move or second more than one amendment to any motion, unless
the mover of an amendment has failed to have it seconded. 
14.6 It will be competent for any member who has not already spoken in a debate to
move the closure of such debate. On such motion being seconded, the vote will be
taken, and if a majority of the members present vote for the motion, the debate will be
closed. However, closure is subject to the right of the mover of the motion and of the

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amendment(s) to reply. Thereafter, a vote will be taken immediately on the subject of
the debate. 
14.7 Any member may indicate his/her desire to ask a question or offer information
immediately after a speech by another member and it will be the option of the member
to whom the question would be directed or information offered to decline or accept the
question or offer of information. 
14.8 When a motion is under debate, no other motion or amendment will be moved
except in the following circumstances:
 to adjourn the debate; or
 to close the debate. 
14.9 A motion or amendment once moved and seconded cannot be altered or
withdrawn unless with the consent of the majority of those present. 
14.10 Any member who wishes to propose a motion for consideration by the
Integration Joint Board shall give written notice of that motion to the Chairperson, at
least 10 full working days prior to the meeting. 
15. Voting 
15.1 The IJB operating principle is partnership, cooperation and collaboration and
members’ task will be to ensure that the IJB operates by consensus in its decision
making where possible. 
15.2 Only the four members nominated by the NHS Board, and the four members
appointed by the Council shall be entitled to vote. Voting shall be by show of hands. 
15.3 In the case of an equality of votes the Chairperson shall not have a second or
casting vote. Where there is more than one amendment then the voting will proceed
until one proposition has obtained an overall majority of the members taking part in
the vote. In such a circumstance the proposition with the fewest votes will drop out
and a further vote or votes will be taken on those that remain until the overall majority
is achieved or there is only a motion and amendment before the meeting in which case
the proposition with the most votes will prevail. If the voting members do not agree at
the time on a proposed means of resolving a dispute at a meeting of the Integration
Joint Board the matter will be continued to the next meeting of the Integration Joint
Board and if there is no resolution at that further meeting then the matter shall be dealt
with in terms of the formal dispute resolution mechanism specified in the Integration
Scheme. Standing Order 12 shall not preclude reconsideration of any such item within
the 6 month period following the meeting which failed to reach a decision. 
16. Minutes 
16.1 The names of the members and others attending a meeting of the Integration
Joint Board shall be recorded in the minutes of the meeting.

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16.2 The minutes of the proceedings of each meeting of the Integration Joint Board or
a committee, including any decision or resolution made by that meeting, shall be drawn
up and submitted to the next ensuing meeting of the Integration Joint Board or the
committee after which they must be signed by the person presiding at that meeting. A
minute purporting to be so signed shall be received in evidence without further proof. 
17. Committees and Working Groups 
17.1 The Integration Joint Board may establish any committee or working group as
may be required from time to time but each working group shall have a defined time
span as may be determined by the Integration Joint Board. 
17.2 The membership, Chairperson, remit, powers and quorum of any committee or
working groups will be determined by the Integration Joint Board. Any committee
established must include voting members, and must include an equal number of the
voting members appointed by the Health Board on the one hand and the Council on
the other hand. Any decision relating to the carrying out of functions under the Act or
to integration functions taken by a committee established under 17.1 must be agreed
by a majority of the votes of the voting members who are members of the committee 
17.3 Agendas for consideration at a committee or working group will be issued by
electronic means to all members no later than five days (not including Saturday and
Sunday) prior to the start of the meeting.

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CONTENTS             
Section 1: Introduction to the Model Code of Conduct 
My Responsibilities    
Enforcement 
Section 2: Key Principles of the Model Code of Conduct 
Section 3:  General Conduct 
Respect and Courtesy 
Remuneration, Allowances and Expenses 
Gifts and Hospitality 
Confidentiality 
Use of Public Body Resources 
Dealing with my Public Body and Preferential Treatment 
Appointments to Outside Organisations 
Section 4: Registration of Interests 
Category One: Remuneration 
Category Two: Other Roles 
Category Three: Contracts 
Category Four: Election Expenses 
Category Five: Houses, Land and Buildings 
Category Six: Interest in Shares and Securities

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Category Seven: Gifts and Hospitality 
Category Eight: Non–Financial Interests 
Category Nine: Close Family Members 
Section 5:  Declaration of Interests 
Stage 1: Connection 
Stage 2: Interest 
Stage 3: Participation 
Section 6: Lobbying and Access 
ANNEXES 
Annex A Breaches of the Code
Annex B Definitions

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SECTION 1: INTRODUCTION TO THE MODEL CODE OF CONDUCT 
1.1 This Code has been issued by the Scottish Ministers, with the approval
of the Scottish Parliament, as required by the Ethical Standards in Public Life
etc. (Scotland) Act 2000 (the “Act”). 
1.2 The purpose of the Code is to set out the conduct expected of those who
serve on the boards of public bodies in Scotland. 
1.3 The Code has been developed in line with the nine key principles of
public life in Scotland. The principles are listed in Section 2 and set out how the
provisions of the Code should be interpreted and applied in practice. 
My Responsibilities 
1.4 I understand that the public has a high expectation of those who serve
on the boards of public bodies and the way in which they should conduct
themselves in undertaking their duties. I will always seek to meet those
expectations by ensuring that I conduct myself in accordance with the Code. 
1.5 I will comply with the substantive provisions of this Code, being sections
3 to 6 inclusive, in all situations and at all times where I am acting as a board
member of my public body, have referred to myself as a board member or
could objectively be considered to be acting as a board member. 
1.6 I will comply with the substantive provisions of this Code, being sections
3 to 6 inclusive, in all my dealings with the public, employees and fellow board
members, whether formal or informal. 
1.7 I understand that it is my personal responsibility to be familiar with the
provisions of this Code and that I must also comply with the law and my public
body’s rules, standing orders and regulations. I will also ensure that I am
familiar with any guidance or advice notes issued by the Standards
Commission for Scotland (“Standards Commission”) and my public body, and
endeavour to take part in any training offered on the Code. 
1.8 I will not, at any time, advocate or encourage any action contrary to this
Code. 
1.9 I understand that no written information, whether in the Code itself or the
associated Guidance or Advice Notes issued by the Standards Commission,
can provide for all circumstances. If I am uncertain about how the Code
applies, I will seek advice from   the Standards Officer of my public body, failing
whom the Chair or Chief Executive of my public body. I note that I may also

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choose to seek external legal advice on how to interpret the provisions of the
Code.   
Enforcement 
1.10 Part 2 of the Act sets out the provisions for dealing with alleged breaches of
the Code, including the sanctions that can be applied if the Standards Commission
finds that there has been a breach of the Code.  More information on how complaints
are dealt with and the sanctions available can be found at Annex A. 
SECTION 2: KEY PRINCIPLES OF THE MODEL CODE OF CONDUCT 
2.1 The Code has been based on the following key principles of public life. I will
behave in accordance with these principles and understand that they should be used
for guidance and interpreting the provisions in the Code. 
2.2 I note that a breach of one or more of the key principles does not in itself
amount to a breach of the Code. I note that, for a breach of the Code to be found,
there must also be a contravention of one or more of the provisions in sections 3 to 6
inclusive of the Code. 
The key principles are: 
Duty
I have a duty to uphold the law and act in accordance with the law and the public
trust placed in me.  I have a duty to act in the interests of the public body of which
I am a member and in accordance with the core functions and duties of that body. 
Selflessness
I have a duty to take decisions solely in terms of public interest. I must not act in
order to gain financial or other material benefit for myself, family or friends. 
Integrity
I must not place myself under any financial, or other, obligation to any individual or
organisation that might reasonably be thought to influence me in the performance of
my duties. 
Objectivity
I must make decisions solely on merit and in a way that is consistent with the
functions of my public body when carrying out public business including making
appointments, awarding contracts or recommending individuals for rewards and
benefits.

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Accountability and Stewardship
I am accountable to the public for my decisions and actions. I have a duty to
consider issues on their merits, taking account of the views of others and I must
ensure that my public body uses its resources prudently and in accordance with
the law. 
Openness
I have a duty to be as open as possible about my decisions and actions, giving
reasons for my decisions and restricting information only when the wider public
interest clearly demands. 
Honesty
I have a duty to act honestly. I must declare any private interests relating to my
public duties and take steps to resolve any conflicts arising in a way that protects
the public interest. 
Leadership
I have a duty to promote and support these principles by leadership and example,
and to maintain and strengthen the public’s trust and confidence in the integrity of
my public body and its members in conducting public business. 
Respect
I must respect all other board members and all employees of my public body and
the role they play, treating them with courtesy at all times. Similarly, I must respect
members of the public when performing my duties as a board member.

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SECTION 3: GENERAL CONDUCT 
Respect and Courtesy 
3.1 I will treat everyone with courtesy and respect. This includes in
person, in writing, at meetings, when I am online and when I am using
social media. 
3.2 I will not discriminate unlawfully on the basis of race, age, sex,
sexual orientation, gender reassignment, disability, religion or belief,
marital status or pregnancy/maternity; I will advance equality of
opportunity and seek to foster good relations between different people. 
3.3 I will not engage in any conduct that could amount to bullying or harassment
(which includes sexual harassment). I accept that such conduct is completely 
unacceptable and will be considered to be a breach of this Code. 
3.4 I accept that disrespect, bullying and harassment can be: 
a) a one-off incident, 
b) part of a cumulative course of conduct; or
c) a pattern of behaviour. 
3.5 I understand that how, and in what context, I exhibit certain
behaviours can
be as important as what I communicate, given that disrespect, bullying and
harassment can be physical, verbal and non-verbal conduct. 
3.6 I accept that it is my responsibility to understand what constitutes bullying
and harassment and I will utilise resources, including the Standards Commission’s
guidance and advice notes, my public body’s policies and training material (where
appropriate) to ensure that my knowledge and understanding is up to date. 
3.7 Except where it is written into my role as Board member, and / or at the
invitation of the Chief Officer, I will not become involved in operational management
of my public body. I acknowledge and understand that operational management is
the responsibility of the Chief Officer and Executive Team.

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3.8 I will not undermine any individual employee or group of employees, or raise
concerns about their performance, conduct or capability in public. I will raise any
concerns I have on such matters in private with senior management as appropriate. 
3.9 I will not take, or seek to take, unfair advantage of my position in my dealings
with employees of my public body or bring any undue influence to bear on
employees to take a certain action. I will not ask or direct employees to do something
which I know, or should reasonably know, could compromise them or prevent them
from undertaking their duties properly and appropriately. 
3.10 I will respect and comply with rulings from the Chair during meetings of: 
a) my public body, its committees; and
b) any outside organisations that I have been appointed or nominated to by
my public body or on which I represent my public body. 
3.11 I will respect the principle of collective decision-making and corporate  
responsibility. This means that once the Board has made a decision, I will support that
decision, even if I did not agree with it or vote for it. 
Remuneration, Allowances and Expenses 
3.12 I will comply
with the rules, and the policies of my public body, on the payment of
remuneration, allowances and expenses. 
Gifts and Hospitality 
3.13 I understand
that I may be offered gifts (including money raised via crowdfunding or
sponsorship), hospitality, material benefits or services (“gift or hospitality”) that
may be reasonably regarded by a member of the public with knowledge of the
relevant facts as placing me under an improper obligation or being capable of
influencing my judgement. 
3.14 I will never ask for or seek any gift or hospitality. 
3.15 I will refuse any gift or hospitality, unless it is:

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a) a minor item or token of modest intrinsic value offered on an infrequent
basis;
b) a gift being offered to my public body;
c) hospitality which would reasonably be associated with my duties as a
board member; or
d) hospitality which has been approved in advance by my public body. 
3.16 I will consider whether there could be a reasonable perception that any gift or 
hospitality received by a person or body connected to me could or would influence my 
judgement. 
3.17 I will not allow the promise of money or other financial advantage to induce 
me to act improperly in my role as a board member. I accept that the money or 
advantage (including any gift or hospitality) does not have to be given to me directly. 
The offer of monies or advantages to others, including community groups, may amount 
to bribery, if the intention is to induce me to improperly perform a function. 
3.18 I will never accept any gift or hospitality from any individual or applicant who 
is awaiting a decision from, or seeking to do business with, my public body. 
3.19 If I consider that declining an offer of a gift would cause offence, I will accept 
it and hand it over to my public body at the earliest possible opportunity and ask for it 
to be registered. 
3.20 I will promptly advise my public body’s Standards Officer if I am offered (but 
refuse) any gift or hospitality of any significant value and / or if I am offered any gift 
or hospitality from the same source on a repeated basis, so that my public body can 
monitor this. 
3.21 I will familiarise myself with the terms of the Bribery Act 2010, which provides
for offences of bribing another person and offences relating to being bribed.

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Confidentiality 
3.22 I will not disclose confidential information or information which should
reasonably be regarded as being of a confidential or private nature, without the
express consent of a person or body authorised to give such consent, or unless
required to do so by law. I note that if I cannot obtain such express consent, I
should assume it is not given. 
3.23 I accept that confidential information can include discussions, documents,
and information which is not yet public or never intended to be public, and
information deemed confidential by statute. 
3.24 I will only use confidential information to undertake my duties as a board
member. I will not use it in any way for personal advantage or to discredit my public
body (even if my personal view is that the information should be publicly available). 
3.25 I note that these confidentiality requirements do not apply to protected
whistleblowing disclosures made to the prescribed persons and bodies as identified
in statute. 
Use of Public Body Resources 
3.26 I will only use my public body’s resources, including employee assistance,
facilities, stationery and IT equipment, for carrying out duties on behalf of the public
body, in accordance with its relevant policies. 
3.27 I will not use, or in any way enable others to use, my public body’s
resources: 
a) imprudently (without thinking about the implications or consequences);
b) unlawfully;
c) for any political activities or matters relating to these; or
d) improperly. 
Dealing with my Public Body and Preferential Treatment

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3.28 I will not use, or attempt to use, my position or influence as a board member 
to: 
a) improperly confer on or secure for myself, or others, an advantage; 
b) avoid a disadvantage for myself, or create a disadvantage for others or
c) improperly seek preferential treatment or access for myself or others. 
3.29 I will avoid any action which could lead members of the public to believe that
preferential treatment or access is being sought. 
3.30  I will advise employees of any connection, as defined at Section 5, I may
have to a matter, when seeking information or advice or responding to a request for
information or advice from them.

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Appointments to Outside Organisations 
3.31 If I am appointed, or nominated by my public body, as a member of
another body or organisation, I will abide by the rules of conduct and will act in the
best interests of that body or organisation while acting as a member of it. I will
also continue to observe the rules of this Code when carrying out the duties of
that body or organisation. 
3.32 I accept that if I am a director or trustee (or equivalent) of a company or a
charity, I will be responsible for identifying, and taking advice on, any conflicts of
interest that may arise between the company or charity and my public body.

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SECTION 4: REGISTRATION OF INTERESTS 
4.1 The following paragraphs set out what I have to register when I am
appointed and whenever my circumstances change. The register covers my
current term of appointment. 
4.2 I understand that regulations made by the Scottish Ministers describe the
detail and timescale for registering interests; including a requirement that a board
member must register their registrable interests within one month of becoming a
board member, and register any changes to those interests within one month of
those changes having occurred. 
4.3 The interests which I am required to register are those set out in the
following paragraphs. Other than as required by paragraph 4.23, I understand it
is not necessary to register the interests of my spouse or cohabitee. 
Category One: Remuneration 
4.4  I will register any work for which I receive, or expect to receive, payment.
I have a registrable interest where I receive remuneration by virtue of being:   
a) employed;
b) self-employed;
c) the holder of an office;
d) a director of an undertaking;
e) a partner in a firm; 
f) appointed or nominated by my public body to another body; or
g) engaged in a trade, profession or vocation or any other work. 
4.5 I understand that in relation to 4.4 above, the amount of remuneration does
not require to be registered. I understand that any remuneration received as a board
member of this specific public body does not have to be registered. 
4.6 I understand that if a position is not remunerated it does not need to be
registered under this category. However, unremunerated directorships may need to
be registered under Category Two, “Other Roles”. 
4.7 I must register any allowances I receive in relation to membership of
any organisation under Category One. 
4.8 When registering employment as an employee, I must give the
full name of the employer, the nature of its business, and the nature of
the post I hold in the organisation.

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4.9 When registering remuneration from the categories listed in
paragraph 4.4 (b) to (g) above, I must provide the full name and give
details of the nature of the business, organisation, undertaking,
partnership or other body, as appropriate. I recognise that some other
employments may be incompatible with my role as board member of my
public body in terms of paragraph 6.7 of this Code.

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4.10 Where I otherwise undertake a trade, profession or vocation, or
any other work, the detail to be given is the nature of the work and how
often it is undertaken. 
4.11 When registering a directorship, it is necessary to provide the
registered name and registered number of the undertaking in which the
directorship is held and provide information about the nature of its
business. 
4.12 I understand that registration of a pension is not required as this falls
outside the scope of the category. 
Category Two: Other Roles 
4.13 I will register any unremunerated directorships where the body in
question is a subsidiary or parent company of an undertaking in which I
hold a remunerated directorship. 
4.14 I will register the registered name and registered number of the
subsidiary or parent company or other undertaking and the nature of its
business, and its relationship to the company or other undertaking in which I
am a director and from which I receive remuneration. 
Category Three: Contracts 
4.15 I have a registerable interest where I (or a firm in which I am a
partner, or an undertaking in which I am a director or in which I have shares
of a value as described in paragraph 4.20 below) have made a contract with
my public body: 
a) under which goods or services are to be provided, or works are to be
executed; and
b) which has not been fully discharged. 
4.16 I will register a description of the contract, including its duration, but
excluding the value. 
Category Four: Election Expenses 
4.17 If I have been elected to my public body, then I will register a
description of, and statement of, any assistance towards election
expenses relating to election to my public body.

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Category Five: Houses, Land and Buildings 
4.18 I have a registrable interest where I own or have any other right or
interest in houses, land and buildings, which may be significant to, of
relevance to, or bear upon, the work and operation of my public body.

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4.19 I accept that, when deciding whether or not I need to register any
interest I have in houses, land or buildings, the test to be applied is whether
a member of the public, with knowledge of the relevant facts, would
reasonably regard the interest as being so significant that it could potentially
affect my responsibilities to my public body and to the public, or could
influence my actions, speeches or decision-making. 
Category Six: Interest in Shares and Securities 
4.20 I have a registerable interest where: 
a) I own or have an interest in more than 1% of the issued share capital
of the company or other body; or
b) Where, at the relevant date, the market value of any shares and
securities (in any one specific company or body) that I own or have an
interest in is greater than £25,000. 
Category Seven: Gifts and Hospitality 
4.21 I understand the requirements of paragraphs 3.13 to 3.21 regarding gifts and
hospitality. As I will not accept any gifts or hospitality, other than under the limited
circumstances allowed, I understand there is no longer the need to register any.   
Category Eight: Non–Financial Interests 
4.22 I may also have other interests and I understand it is equally important that
relevant interests such as membership or holding office in other public bodies,
companies, clubs, societies and organisations such as trades unions and voluntary
organisations, are registered and described. In this context, I understand non-
financial interests are those which members of the public with knowledge of the
relevant facts might reasonably think could influence my actions, speeches, votes
or decision-making in my public body (this includes its Committees and
memberships of other organisations to which I have been appointed or nominated
by my public body). 
Category Nine: Close Family Members 
4.23 I will register the interests of any close family member who has transactions
with my public body or is likely to have transactions or do business with it.

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SECTION 5: DECLARATION OF INTERESTS 
Stage 1: Connection 
5.1 For each particular matter I am involved in as a board member, I
will first consider whether I have a connection to that matter. 
5.2 I understand that a connection is any link between the matter
being considered and me, or a person or body I am associated with. This
could be a family relationship or a social or professional contact. 
5.3 A connection includes anything that I have registered as an
interest. 
5.4 A connection does not include being a member of a body to which
I have been appointed or nominated by my public body as a
representative of my public body, unless:
a) The matter being considered by my public body is quasi-judicial or
regulatory; or
b) I have a personal conflict by reason of my actions, my connections or
my legal obligations. 
Stage 2: Interest 
5.5 I understand my connection is an interest that requires to be declared where
the objective test is met – that is where a member of the public with knowledge of the
relevant facts would reasonably regard my connection to a particular matter as being
so significant that it would be considered as being likely to influence the discussion
or decision-making. 
Stage 3: Participation 
5.6 I will declare my interest as early as possible in meetings. I will not remain in
the meeting nor participate in any way in those parts of meetings where I have
declared an interest. 
5.7 I will consider whether it is appropriate for transparency reasons to state
publicly where I have a connection, which I do not consider amounts to an interest. 
5.8 I note that I can apply to the Standards Commission and ask it to grant a
dispensation to allow me to take part in the discussion and decision-making on a
matter where I would otherwise have to declare an interest and withdraw (as a result
of having a connection to the matter that would fall within the objective test). I note
that such an application must be made in advance of any meetings where the
dispensation is sought and that I cannot take part in any discussion or decision-
making on the matter in question unless, and until, the application is granted. 
5.9 I note that public confidence in a public body is damaged by the perception

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that decisions taken by that body are substantially influenced by factors other than
the public interest.  I will not accept a role or appointment if doing so means I will
have to declare interests frequently at meetings in respect of my role as a board
member.  Similarly, if any appointment or nomination to another body would give rise
to objective concern because of my existing personal involvement or affiliations, I will
not accept the appointment or nomination.

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SECTION 6: LOBBYING AND ACCESS 
6.1 I understand that a wide range of people will seek access to me as a board
member and will try to lobby me, including individuals, organisations and companies.
I must distinguish between: 
a) any role I have in dealing with enquiries from the public; 
b) any community engagement where I am working with individuals and
organisations to encourage their participation and involvement, and;
c) lobbying, which is where I am approached by any individual or
organisation who is seeking to influence me for financial gain or
advantage, particularly those who are seeking to do business with my
public body (for example contracts/procurement).  
6.2 In deciding whether, and if so how, to respond to such lobbying, I will always
have regard to the objective test, which is whether a member of the public, with
knowledge of the relevant facts, would reasonably regard my conduct as being likely
to influence my, or my public body’s, decision-making role. 
6.3 I will not, in relation to contact with any person or organisation that lobbies,
do anything which contravenes this Code or any other relevant rule of my public body
or any statutory provision. 
6.4 I will not, in relation to contact with any person or organisation that lobbies,
act in any way which could bring discredit upon my public body. 
6.5 If I have concerns about the approach or methods used by any
person or organisation in their contacts with me, I will seek the guidance of
the Chair, Chief Executive or Standards Officer of my public body. 
6.6 The public must be assured that no person or organisation will gain
better access to, or treatment by, me as a result of employing a company or
individual to lobby on a fee basis on their behalf. I will not, therefore, offer or
accord any preferential access or treatment to those lobbying on a fee basis
on behalf of clients compared with that which I accord any other person or
organisation who lobbies or approaches me. I will ensure that those lobbying
on a fee basis on behalf of clients are not given to understand that preferential

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access or treatment, compared to that accorded to any other person or
organisation, might be forthcoming. 
6.7 Before taking any action as a result of being lobbied, I will seek to
satisfy myself about the identity of the person or organisation that is
lobbying and the motive for lobbying. I understand I may choose to act in
response to a person or organisation lobbying on a fee basis on behalf of
clients but it is important that I understand the basis on which I am being
lobbied in order to ensure that any action taken in connection with the
lobbyist complies with the standards set out in this Code and the Lobbying
(Scotland) Act 2016. 
6.8 I will not accept any paid work: 
a) which would involve me lobbying on behalf of any person or
organisation or any clients of a person or organisation. 
b) to provide services as a strategist, adviser or consultant, for example,
advising on how to influence my public body and its members.  This
does not prohibit me from being remunerated for activity which may
arise because of, or relate to, membership of my public body, such as
journalism or broadcasting, or involvement in representative or
presentational work, such as participation in delegations, conferences or
other events.

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ANNEX A: BREACHES OF THE CODE 
Introduction
1. The Ethical Standards in Public Life etc. (Scotland) Act 2000 (“the Act”) provided for
a framework to encourage and, where necessary, enforce high ethical standards in
public life. 
2. The Act provided for the introduction of new codes of conduct for local authority
councillors and members of relevant public bodies, imposing on councils and
relevant public bodies a duty to help their members comply with the relevant code. 
3. The Act and the subsequent Scottish Parliamentary Commissions and
Commissioners etc. Act 2010 established the Standards Commission for Scotland
(“Standards Commission”) and the post of Commissioner for Ethical Standards in
Public Life in Scotland (“ESC”). 
4. The Standards Commission and ESC are separate and independent, each with
distinct functions.  Complaints of breaches of a public body’s Code of Conduct are
investigated by the ESC and adjudicated upon by the Standards Commission. 
5. The first Model Code of Conduct came into force in 2002. The Code has since been
reviewed and re-issued in 2014. The 2021 Code has been issued by the Scottish
Ministers following consultation, and with the approval of the Scottish Parliament, as
required by the Act. 
Investigation of Complaints
6. The ESC is responsible for investigating complaints about members of devolved
public bodies. It is not, however, mandatory to report a complaint about a potential
breach of the Code to the ESC. It may be more appropriate in some circumstances
for attempts to be made to resolve the matter informally at a local level. 
7. On conclusion of the investigation, the ESC will send a report to the Standards
Commission. 
Hearings
8. On receipt of a report from the ESC, the Standards Commission can choose to: 
 Do nothing;
 Direct the ESC to carry out further investigations; or
 Hold a Hearing. 
9. Hearings are held (usually in public) to determine whether the member concerned
has breached their public body’s Code of Conduct.  The Hearing Panel comprises of

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three members of the Standards Commission.  The ESC will present evidence
and/or make submissions at the Hearing about the investigation and any conclusions
as to whether the member has contravened the Code.  The member is entitled to
attend or be represented at the Hearing and can also present evidence and make
submissions.  Both parties can call witnesses.  Once it has heard all the evidence
and submissions, the Hearing Panel will make a determination about whether or not
it is satisfied, on the balance of probabilities, that there has been a contravention of
the Code by the member.  If the Hearing Panel decides that a member has breached
their public body’s Code, it is obliged to impose a sanction. 
Sanctions
10. The sanctions that can be imposed following a finding of a breach of the Code are as
follows: 
 Censure: A censure is a formal record of the Standards Commission’s severe
and public disapproval of the member concerned.
 Suspension: This can be a full or partial suspension (for up to one year). A
full suspension means that the member is suspended from attending all
meetings of the public body.  Partial suspension means that the member is
suspended from attending some of the meetings of the public body. The
Commission can direct that any remuneration or allowance the member
receives as a result of their membership of the public body be reduced or not
paid during a period of suspension. 
 Disqualification:  Disqualification means that the member is removed from
membership of the body and disqualified (for a period not exceeding five
years), from membership of the body. Where a member is also a member of
another devolved public body (as defined in the Act), the Commission may
also remove or disqualify that person in respect of that membership. Full
details of the sanctions are set out in section 19 of the Act. 
Interim Suspensions
11. Section 21 of the Act provides the Standards Commission with the power to impose
an interim suspension on a member on receipt of an interim report from the ESC
about an ongoing investigation. In making a decision about whether or not to impose
an interim suspension, a Panel comprising of three Members of the Standards
Commission will review the interim report and any representations received from the
member and will consider whether it is satisfied: 
 That the further conduct of the ESC’s investigation is likely to be prejudiced
if such an action is not taken (for example if there are concerns that the
member may try to interfere with evidence or witnesses); or
 That it is otherwise in the public interest to take such a measure.  A policy
outlining how the Standards Commission makes any decision under Section
21 and the procedures it will follow in doing so, should any such a report be
received from the ESC can be found here.

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12. The decision to impose an interim suspension is not, and should not be seen as, a
finding on the merits of any complaint or the validity of any allegations against a
member of a devolved public body, nor should it be viewed as a disciplinary
measure.

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ANNEX B: DEFINITIONS
“Bullying” is inappropriate and unwelcome behaviour which is offensive and
intimidating, and which makes an individual or group feel undermined, humiliated or
insulted. 
"Chair" includes Board Convener or any other individual discharging a similar
function to that of a Chair or Convener under alternative decision-making structures. 
“Code” is the code of conduct for members of your devolved public body, which is
based on the Model Code of Conduct for members of devolved public bodies in
Scotland. 
"Cohabitee" includes any person who is living with you in a relationship similar to
that of a partner, civil partner, or spouse. 
“Confidential Information” includes: 
• any information passed on to the public body by a Government department
(even if it is not clearly marked as confidential) which does not allow the
disclosure of that information to the public; 
• information of which the law prohibits disclosure (under statute or by the
order of a Court); 
• any legal advice provided to the public body; or 
• any other information which would reasonably be considered a breach of
confidence should it be made public. 
"Election expenses" means expenses incurred, whether before, during or after
the election, on account of, or in respect of, the conduct or management of the
election. 
“Employee” includes individuals employed:
• directly by the public body;
• as contractors by the public body, or  
• by a contractor to work on the public body’s premises. 
“Gifts” a gift can include any item or service received free of charge, or which may
be offered or promised at a discounted rate or on terms not available to the general
public. Gifts include benefits such as relief from indebtedness, loan concessions, or
provision of property, services or facilities at a cost below that generally charged to
members of the public. It can also include gifts received directly or gifts received by
any company in which the recipient holds a controlling interest in, or by a
partnership of which the recipient is a partner. 
“Harassment” is any unwelcome behaviour or conduct which makes someone
feel offended, humiliated, intimidated, frightened and / or uncomfortable.
Harassment can be experienced directly or indirectly and can occur as an isolated
incident or as a course of persistent behaviour.

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IJB Standing Orders v3.3 
“Hospitality” includes the offer or promise of food, drink, accommodation,
entertainment or the opportunity to attend any cultural or sporting event on terms
not available to the general public. 
“Relevant Date”  Where a board member had an interest in shares at the date
on which the member was appointed as a member, the relevant date is – (a) that
date; and (b) the 5th April immediately following that date and in each succeeding
year, where the interest is retained on that 5th April. 
“Public body” means a devolved public body listed in Schedule 3 of the Ethical
Standards in Public Life etc. (Scotland) Act 2000, as amended. 
“Remuneration" includes any salary, wage, share of profits, fee, other monetary  
benefit or benefit in kind. 
“Securities” a security is a certificate or other financial instrument that has
monetary value and can be traded. Securities includes equity and debt securities,
such as stocks bonds and debentures. 
“Undertaking” means:
a) a body corporate or partnership; or
b) an unincorporated association carrying on a trade or business, with or
without a view to a profit.