NHS Scotland: Standards of Business Conduct

8. Annex D – Frequently Asked Questions

Staff FAQs for the Standards of Business Conduct

1. What are the Standards of Business Conduct and why do they matter?

The Standards of Business Conduct (SBC) set out how NHS Scotland staff must identify, declare, and manage any interests that could influence, or be seen to influence, the decisions they make. This helps to maintain public trust and ensures decisions are transparent, fair, and free from inappropriate influence.

2. Who do the Standards apply to?

They apply to almost everyone who carries out work for, on behalf of, or in connection with an NHS Scotland health body, including employees, secondees, honorary appointments, agency/locum staff, contractors (e.g., GPs, dentists, pharmacists), and volunteers.

They do not apply to non‑executive Board members unless they fall within one of the defined staff categories.

3. What counts as an ‘interest’?

An interest is any connection that a reasonable person might see as relevant to a decision you’re involved in.

The four types of interests are:

1. Direct financial interests (e.g., paid work, shareholdings).

2. Non‑financial interests (e.g., advisory or voluntary roles).

3. Indirect interests (e.g., a close associate who might benefit).

4. Gifts & hospitality.

If unsure, it is better to declare.

4. What is a conflict of interest?

A conflict of interest exists when your ability to make a fair, impartial decision could be affected by another interest you hold.

Conflicts can be actual, potential, or perceived, and perception matters, because it can still undermine trust.

5. Do I need to declare interests even if I don’t think they affect my job?

Yes. If there is any possibility that someone else might reasonably think an interest could influence your work, it must be declared. Declarations protect both you and the organisation.

6. What if I have no interests to declare?

It is best practice that you still make a declaration and record a Nil Declaration, confirming that you hold no relevant interests. A sample Nil Declaration is included in the guidance.

7. When do I have to declare an interest?

You must:

• Declare interests within one month of joining the organisation.
• Declare new interests within one month of them arising.
• Review and confirm your declarations at least once a year. You must also declare relevant interests at the start of any meeting discussing related matters.

8. Which staff interests will be published?

Only specific groups’ interests will be published:

• Registered health and care professionals
• Senior managers and executive grades
• Agenda for Change Band 8D and 9
• Sole practitioners where applicable All other staff must still declare interests, but these will not be published.

9. Do I need to declare secondary employment or private work?

Yes.

• Paid outside work must be declared as a direct financial interest.
• Clinical private practice must be declared separately, with details of where, what, and when you practise. Secondary employment itself must still be approved under the Once for Scotland policy.

10. What counts as a ‘close associate’ for indirect interests?

A close associate could be:

• A close family member
• A close friend
• A business partner or associate Only relationships that could reasonably be considered influential need to be declared. Use common sense and err on the side of transparency.

11. Can I accept gifts from patients or families?

You may accept personal gifts of £25 or less from patients or families if there are no concerns about the circumstances.

Higher‑value or repeated gifts must be declined; or, if declining would cause offence, accepted on behalf of the organisation.

12. Can I accept gifts or hospitality from suppliers or external organisations?

In most cases no.

• Gifts from suppliers or potential suppliers must be refused.
• Hospitality is only acceptable if it is modest, appropriate, and approved by your line manager where required. Certain types of hospitality must always be declined (e.g., anything offering undue personal gain).

13. What happens if I accidentally receive a gift I shouldn’t accept?

If declining the gift would cause offence, accept it and hand it to your line manager as soon as possible so it can be treated as an organisational gift.

14. What should I do if I’m offered hospitality worth more than £25?

This is Type 2 hospitality. You may only accept it if:

• It is modest and appropriate;
• Your line manager approves before you accept it;
• You record it as a declaration.

15. What do I do at meetings if I have a relevant interest?

Declare the interest at the start of the meeting, specifying which item it relates to. The Chair will decide whether you:

• Can participate fully;
• Should participate in discussion but not the decision;
• Should leave for that item. The decision must be minuted.

16. What if I know an applicant in a recruitment process?

You must declare this to the recruiting manager as early as possible. If the individual is a ‘close associate’, you should not be involved in shortlisting or appointing. The recruiting manager may reassign responsibilities depending on the circumstances.

17. What should I do if I suspect something inappropriate (e.g., fraud or bribery)?

You can:

• Raise concerns with your Fraud Liaison Officer;
• Contact Counter Fraud Services;
• Use the Once for Scotland Whistleblowing Policy routes. The SBC reinforces transparency, but whistleblowing protections come from OfS policies.

18. What happens if I do not comply with the guidance?

Failure to declare or manage interests properly can result in:

• Internal disciplinary action;
• Professional regulatory consequences;
• Civil or criminal proceedings. This aligns with the Once for Scotland Disciplinary Policy.

19. Who can I contact for advice if I’m unsure whether something is an interest?

Your local Designated Officer (appointed under the SBC) is responsible for supporting staff, promoting awareness, and advising on declarations. You can also speak to your line manager or governance team.