NHS Scotland appointment queries: FOI release

Information requested

1. Any national guidance, circulars, or governance codes issued by the Scottish Government, NHS Scotland, or Healthcare Improvement Scotland which address the eligibility or restrictions for a clinician with an active caseload to serve as:

• Chair or Co-Chair of a Clinical Governance Committee,
• Member of a Board-level Quality, Risk, or Governance Committee, or
• Any equivalent governance role involving oversight of clinical decision-making within their own service area.

2. Any policy statements or examples of conflict-of-interest protocols that specify how potential self-review or self-scrutiny situations must be handled where the governance chair is also a practising consultant within the same department or clinical specialty.

3. Whether NHS Scotland holds or maintains a national register of dual-role appointments (clinician-governance positions) or whether this is delegated to individual Health Boards.

4. If oversight is delegated, please provide any national assurance or audit mechanisms used to ensure that local boards implement appropriate safeguards against conflicts of interest in such cases.

Response

Please find information below set out in relation to each of your points above.

1. Any national guidance, circulars, or governance codes issued by the Scottish Government, NHS Scotland, or Healthcare Improvement Scotland which address the eligibility or restrictions for a clinician with an active caseload to serve as:

• Chair or Co-Chair of a Clinical Governance Committee,
• Member of a Board-level Quality, Risk, or Governance Committee, or
• Any equivalent governance role involving oversight of clinical decision-making within their own service area.

The following national guidance on Governance is available online:

• Copy of the Blueprint, Blueprint for Good Governance - NHS Scotland
• Copy of Model Code of Conduct - please note each NHS Board will have a version of this tailored to the needs of that organisation. Revised-Code-Health-Boards.docx
• Copy of model standing orders, Model-Standing-Orders-CGSG-approved-091019.doc
• Copy of any Clinical Governance Guidance. HDL(2001)74
• Copy of Area Clinical Forum Chair information CEL 16 (2010) - Area Clinical Forums
• Copy of Model Framework for Territorial Boards. DL(2025)13 outlines reporting required by Territorial boards. National Boards have their own arrangements agreed. Territorial clinical governance arrangements are outlined on page 5-6.

2. Any policy statements or examples of conflict-of-interest protocols that specify how potential self-review or self-scrutiny situations must be handled where the governance chair is also a practising consultant within the same department or clinical specialty.

• The Health Boards (Membership and Procedure) (Scotland) Regulations 2001 set out the legislative requirements regarding conflicts of interest for Board members and disqualification criteria.
• All Board members must register any interests with their Board, this is done locally and registers of interest are available online for Board members on each Boards website.
• Ethical Standards in Public Life etc. (Scotland) Act 2000 sets out the requirements for codes of conduct and enforcement. Linked above is the Model code for NHS Health Boards.
• The Standards Commission for Scotland has further information on codes and guidance related to devolved public bodies. Home | The Standards Commission for Scotland.

3. Whether NHS Scotland holds or maintains a national register of dual-role appointments (clinician-governance positions) or whether this is delegated to individual Health Boards.

• No register is kept at Scottish Government on the dual role of appointments.

4. If oversight is delegated, please provide any national assurance or audit mechanisms used to ensure that local boards implement appropriate safeguards against conflicts of interest in such cases.

• NHS Boards must ensure they have the correct representation on their Boards.
• The Health Board regulations and ACF guidance set out the need to have a clinical lead as a member of the NHS Board to ensure clinical information is available and appropriately addressed at this level.
• Each NHS Board must ensure a register of interest is completed for all Board members and must provide an annual governance statement outlining how they have upheld best practice for governance across the organisation. These are published on each NHS Boards websites.
• Further information on governance statements Governance statements - Scottish Public Finance Manual - gov.scot.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.