Governance and Risk
Guidance on governance requirements is available in several documents referred to earlier in this framework document:
- the Scottish Public Finance Manual (SPFM)
- the Audit and Assurance Committee Handbook
- On Board – A Guide for Members of Statutory Boards
If in any doubt about a governance issue, the Chairperson of NSTAB or the NSTAB Secretariat should consult the Senior Sponsor or Sponsor Team in the first instance, and sponsors may in turn consult the SG Public Bodies Unit, the SG Governance and Risk Branch and/or other teams with relevant expertise.
NSTAB and the NSTAB Secretariat are advised to pay particular attention to guidance on the following issues.
Risk management
NSTAB must develop an approach to risk management consistent with the Risk Management section of the Scottish Public Finance Manual and establish reporting and escalation arrangements with the Portfolio AO or Senior Sponsor.
NSTAB should have a clear understanding of the key risks, threats and hazards it may face in the personnel, accommodation and cyber domains, and take action to ensure appropriate organisational resilience, in line with the guidance in: Having and Promoting Business Resilience (part of the Preparing Scotland suite of guidance) and the Public Sector Cyber Resilience Framework.
Internal control
NSTAB should establish clear internal delegated authorities with the NSTAB Secretariat. Requests for funding will be provided to the NSTAB Secretariat who will follow internal Transport Scotland processes for clearance.
Counter-fraud policies and practices should be adopted to safeguard against fraud, theft, bribery and corruption - see the Fraud section of the SPFM.
NSTAB must comply with the requirements of the Freedom of Information (Scotland) Act 2002 and ensure that information is provided to members of the public in a spirit of openness and transparency. The process for adhering to these requests is held by the NSTAB Secretariat and is available to Members via the NSTAB Knowledge Hub.
NSTAB must ensure that it complies with the Data Protection Act 2018 and the UK General Data Protection Regulation, commonly known as UK GDPR.
Budget and finance
As NSTAB has no legal personality and is unable to enter into contracts in its own name, any procurement activity must be undertaken through the SG in line with the requirements of the Procurement section of the SPFM, and NSTAB must not engage in financial investments, borrowing, lease holding or lending.
NSTAB is not under normal circumstances permitted to: generate income; receive gifts, bequests or donations; provide grant funding to a third party; make gifts or special payments; or write off losses. Exceptions regarding gifts and hospitality are outlined in paragraph 3.15 of the NSTAB Code of Conduct. Any exceptions to this must be agreed in advance with Portfolio AO or Senior Sponsor and the SG Financial Management Directorate.
Legal and other advice
If NSTAB considers that they require legal advice, they should contact the sponsor team.
Remuneration
Remuneration, allowances and any expenses paid to the Chairperson and other members of NSTAB must comply with the latest SG Pay Policy for appointments and any specific guidance on such matters issued by the Scottish Ministers.
NSTAB members are entitled to request an ex- gratia payment. The appointments are not pensionable. Members sitting on NSTAB, including the Chairperson, will claim compensation for their time from their representing organisation. Where this is not possible, members, including the Chairperson, will be able to request the ex gratia payment. Members cannot be ‘double paid’ for the same expense from multiple sources.
Members are also entitled to reasonable travel and subsistence expenses. The limits for expenses are set centrally and the NSTAB Secretariat will inform NSTAB members of these limits and these will be stored on the NSTAB Knowledge Hub accessible only to members. Members are also entitled to reasonable adjustment expenses, to improve accessibility and inclusivity, and other associated costs subject to prior discussion and agreement with the Secretariat.