Stephen Brown (Chief Officer)

Orkney Health and Social Care Partnership

01856873535 extension: 2601

OHACfeedback@orkney.gov.uk

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Agenda Item: 10

Integration Joint Board

Date of Meeting: 2 September 2026.

Subject: Review of Standing Orders.

1. Purpose

1.1

To consider revised Standing Orders.

2. Recommendations

It is recommended:

2.1

That the revised Standing Orders, attached as Appendix 1 to this report, be approved.

3. Background

3.1

On 8 March 2016, when considering a suite of governance documents for the newly established Integration Joint Board, the Board adopted Standing Orders.

3.2

Since that date, there has not been a comprehensive review of the Standing Orders which suggests that they remain, generally, fit for purpose.

3.3

A review was commenced earlier in 2026, which identified a number of proposed amendments to the Standing Orders.

3.4

The Public Bodies (Joint Working) (Integration Joint Boards) (Scotland) Amendment Order 2025, which comes into effect from 1 September 2026, extends voting rights to other members of Integration Joint Board. As the Standing Orders make provision for voting and non-voting members of the Board, further amendments are now necessary.

4. Proposed Amendments

4.1

The proposed amendments to the Standing Orders are set out in Appendix 1 as track changes. Further detail on the more significant changes is set out in the following sections.

4.2

General – this section has been rearranged to ensure the legislative requirement for the Standing Orders is first.

4.3

Membership – this is the section with the most significant change. Voting membership has now been extended to include the Third Sector representative, the Carer representative and the Service User representative, in accordance with the requirements of The Public Bodies (Joint Working) (Integration Joint Boards) (Scotland) Amendment Order 2025.

4.3.1

For the avoidance of doubt, where reference to “voting members” is made throughout the Standing Orders, this means the wider voting membership as set out in Standing Order 2.1, with the exception of Standing Order 5 (see section 4.6 below).

4.4

Terms of Office of Members – Standing Order 3.2 has been amended to reflect practice. When any vacancy occurs on the Board, the subsequent appointee has always been appointed for a new term of two years, rather than the unexpired term of the member they replaced. The only exception to this relates to the members appointed by Orkney Islands Council and/or NHS Orkney, which may change as a result of a review of appointments. The term of appointment will also be confirmed by the appointing authority, but will never exceed two years.

4.5

Proxies – Standing Order 4 has been expanded to make it clear that any member of the Board (voting or non-voting) may appoint a suitably qualified and/or experienced proxy.

4.6

Temporary Vacancies in Voting Membership – this section has been updated to reflect that this relates only to the appointments made by Orkney Islands Council and NHS Orkney. It is not proposed, at this time, for this section to apply to the new voting members (Third Sector, Service User and Carer representatives). Further consideration will be given as to how this could be achieved, given that it would require the three representatives to meet and decide how they would exercise such a vote, were it to happen. It should be noted that very few votes have taken place – the majority of decision are taken by consensus.

4.7

Chairperson and Vice Chairperson – no change is proposed in the appointment of Chair and Vice Chair which will remain as appointments from the Council and NHS Orkney.

4.8

Calling Meetings – this section has been amended to state that the Board will met at least quarterly, with special meetings called by the Chair if there are urgent items to be considered.

4.9

Notice of Meeting – this section has been amended to reflect the wording in the Schedule to the 2014 Order, with the five clear days being defined as “working” days. The section has also been expanded to state that each item of business will normally be accompanied by a written report.

4.10

Voting – Standing Order 16.2 has been amended to include the new voting members.

4.11

Codes of Conduct and Conflicts of Interest – Standing Order 19.1 has been reworded to make it clear that the Councillors abide by the Code of Conduct for Councillors, whereas all other members of the Board abide by the Board’s Code of Conduct which is based on the Standards Commission’s Model Code of Conduct for members of Devolved Bodies. Guidance has been received from the Standards Commission on the extended voting rights and this was shared with all members of the Board on 12 August 2026.

4.11.1

The Schedule to the 2014 Order (matters to be included in standing orders) states:

“Where an interest is disclosed under sub-paragraph (1), 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 the discussion of or voting on the item of business.”

4.11.2

Standing Order 19.3 replicates sub-paragraph (1).

4.11.3

It is not proposed to amend Standing Order 19.4 to be in line with the Schedule to the 2014 Order; the reason being Standing Order 19.4 has been in place since the Board was established in 2016 and the situation set out has never occurred. Further, it is not considered good governance for the Board to be “judge and jury” and decide whether a member should remain in the meeting or leave – the decision should rest with the individual member, bearing in mind the Board’s Code of Conduct.

4.12

Disclosure of Information – appendices have been added setting out the definitions of confidential and exempt information.

4.13

Recording of Proceedings/Minutes – this section has been expanded to include dissent to be recorded, an Appendix on the audio casting protocol and use of phones etc during Board meetings.

4.14

Admission of Press/Media and Public – the five clear days in the 2014 refer to making Board papers available to members. Good practice suggests that Board members should receive the papers before they are published and/or made available to the public. Accordingly, it is proposed to change the publication of Board papers from five days to three at Standing Order 22.1.

4.15

Committees and Sub-committees – it is proposed that Standing Orders 23.2 and 23.3 be deleted, given that Standing Order 23.1 has been expanded to state that, when establishing Committees and Sub-committees, the Board will approved detailed Terms of Reference, which will set out the matters covered in Standing Orders 23.2 and 23.3. Also, not all Committees and Sub-committees have voting members from either of or both the Council and NHS Orkney, for example, the Joint Staff Forum.

4.16

Review – a new Standing Order has been introduced to ensure regular review of the Standing Orders.

4.17

Should the Board accept the proposed changes, the Service Manager (Governance), Orkney Islands Council, will arrange for these to be published on the Council’s website and made available to all members of the Board.

5. Contribution to quality

Please indicate which of the Orkney Community Plan 2025 to 2030 values are supported in this report adding Yes or No to the relevant area(s):

6. Resource and financial implications

6.1

The review of the Standing Orders has been undertaken within existing resources.

7. Risk, equality and climate change implications

7.1

Updated Standing Orders, which set out how meetings of the Board should operate, provide governance for open, transparent and accountable decision making.

7.2

There are no equality or climate change implications arising directly as a result of this report.

8. Direction required

Please indicate if this report requires a direction to be passed to:

9. Escalation required

Please indicate if this report requires escalated to:

10. Authors and contact information

10.1

Stephen Brown (Chief Officer), Integration Joint Board. Email: stephen.brown3@nhs.scot, telephone: 01856873535 extension 2601.

10.2

Hazel Flett (Service Manager (Governance)), Orkney Islands Council. Email: hazel.flett@orkney.gov.uk, telephone 01856873535 extension 2208.

11. Supporting documents

11.1

Appendix 1: Revised Standing Orders.

Integration Joint Board

Standing Orders for Meetings

September 2026.

Appendix 1

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Review/Updates to Standing Orders

Contents

1. General
2. Membership
3. Term of Office of Members
4. Proxies
5. Temporary Vacancies in Voting Membership
6. Disqualification
7. Resignation of Members
8. Removal of Members
9. Chairperson and Vice-Chairperson
10. Calling Meetings
11. Notice of Meeting
12. Procedures for Dealing with Items of Business
13. Procedure Where There Is No Unanimous Decision
14. Alteration, Deletion and Rescission of Decisions of the Integration Board
15. Suspension, Deletion or Amendment of Standing Orders
16. Voting
17. Quorum
18. Adjournment of Meetings
19. Codes of Conduct and Conflicts of Interest
20. Disclosure of Information
21. Recording of Proceedings/Minutes
22. Admission of Press/Media and Public
23. Committees and Sub-committees
24. Review of Standing Orders
25. Appendix 1: Definition of Confidential Information
26. Appendix 2: Descriptions of Exempt Information
27. Appendix 3: Protocol for Audio Casting Meetings

1. General

1.1

These Standing Orders are made under the Public Bodies (Joint Working) (Scotland) Act 2014, The Public Bodies (Joint Working) (Integration Joint Boards) (Scotland) Order 2014 and The Public Bodies (Joint Working) (Integration Joint Boards) (Scotland) Amendment Order 2025. These Standing Orders shall, as far as applicable, be the rules and regulations for the proceedings of Committees and Sub-committees of the Integration Joint Board (the Board) and therefore reference to the term “Board” should be interpreted accordingly.

1.2

In these Standing Orders the Orkney Integration Joint Board (the Board) shall mean the Orkney Health and Social Care Integration Joint Board established in terms of The Public Bodies (Joint Working) (Integration Joint Boards) (Scotland) Order 2014.

1.3

Any statutory provision, regulation or direction issued by the Scottish Ministers shall have precedence if they are in conflict with these Standing Orders.

2. Membership

2.1

Voting membership of the Board shall comprise:

2.1.1

Three members appointed by the Board of NHS Orkney (the Health Board). If the Health Board is unable to appoint three non-executive directors, it may appoint no fewer than two non-executive directors plus one voting member who is a member of the Health Board but not a non-executive director.

2.1.2

Three Councillors appointed by Orkney Islands Council.

2.1.3

One member in respect of third sector bodies carrying out activities related to health or social care in the area of the local authority.

2.1.4

One member in respect of service users residing in the area of the local authority.

2.1.5

One member in respect of persons providing unpaid care in the area of the local authority.

2.2

Non-voting membership of the Board shall comprise:

2.2.1

The Chief Social Work Officer of Orkney Islands Council.

2.2.2

The Chief Officer of the Board.

2.2.3

The proper officer of the Board appointed under section 95 of the Local Government (Scotland) Act 1973 (known as the Chief Finance Officer).

2.2.4

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.

2.2.5

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.

2.2.6

A registered medical practitioner employed by the Health Board and not providing primary medical services.

2.2.7

Two members in respect of staff; one from each of the constituent authorities engaged in the provision of services provided under integration functions.

2.2.8

Such additional members as the Integration Board sees fit. Such additional members must not be a Councillor or a non-executive director of the Health Board.

2.3

The members appointed under Standing Orders 2.2.4 to 2.2.6 must be determined by the Health Board.

2.4

The acts, meetings or proceedings of the IJB shall not be invalidated by any defect in the appointment of any member.

3. Term of Office of Members

3.1

A member of the Board in terms of Standing Orders 2.2.1 to 2.2.3 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 Board shall be for two years or until the day of the next ordinary Elections for Local Government Councillors in Scotland, whichever is shorter.

3.2

Where a member resigns or otherwise ceases to hold office, the person appointed in his/her place shall be appointed for a period of two years.

3.3

At the end of a term of office, a member may be reappointed for a further term of office provided that they remain eligible and are not otherwise disqualified from appointment.

4. Proxies

4.1

If a voting member, appointed in terms of Standing Orders 2.1.1 and 2.1.2, is unable to attend a meeting of the Board, the constituent authority which appointed the member is to use its best endeavours to arrange for a suitably experienced proxy, who is either a Councillor or, as the case may be, a member of the Health Board, to attend the meeting in place of the voting member.

4.1.1

If a voting member, appointed in terms of Standing Orders 2.1.3 to 2.1.5, is unable to attend a meeting of the Board, they may arrange for a suitably experienced proxy to attend the meeting.

4.2

If a member who is not a voting member is unable to attend a meeting of the Board, that member may arrange for a suitably experienced proxy to attend the meeting.

4.3

A proxy attending a meeting of the Board by virtue of Standing Orders 4.1 and 4.1.1 may vote on decisions put to that meeting.

4.4

If the Chairperson or Vice-Chairperson is unable to attend a meeting of the Board, any proxy attending the meeting may not preside over that meeting.

5. Temporary Vacancies in Voting Membership

5.1

Where there is a temporary vacancy in the voting membership of the Board, the vote which would have been used by them may be exercised jointly by the other members appointed by the relevant constituent authority.

5.2

In the event that due to two or more temporary vacancies, a constituent authority is consequently able to appoint only one or no members and where that constituent authority also appointed the Chairperson, the Chairperson of the Board must be temporarily appointed by the other constituent authority.

5.3

Where a temporary vacancy, or the circumstances in which Standing Order 5.2 applies, persist for longer than six months the Chairperson of the Board must notify the Scottish Ministers in writing of the reasons why the vacancy remains unfilled.

5.3.1

For the avoidance of doubt, Standing Orders 5.1 to 5.3 above apply only to the voting members appointed in terms of Standing Orders 2.1.1 and 2.1.2.

5.4

A vacancy in the membership of the Board will not invalidate anything done or any decision made by the IJB.

6. Disqualification

6.1

A person is disqualified from being a member of the Board where the conditions specified in Article 8, paragraph (2) of the Public Bodies (Joint Working) (Integration Joint Boards) (Scotland) Order 2014 are met, relating to conviction of a criminal offence, removal or dismissal for disciplinary reasons from paid employment or office with a Health Board or local authority, insolvency, removal from a register maintained by a regulatory body unless voluntary, or being subject to a sanction under section 19(1)(b) – (e) of the Ethical Standards in Public Life etc. (Scotland) Act 2000. The definitions of “insolvency”, “regulatory body” and “voluntary” are those given in the Order referred to in this paragraph.

7. Resignation of Members

7.1

A person may resign their membership of the Board at any time by giving notice in writing to the Board. A minimum notice of four weeks is required. 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 appointed in terms of Standing Order 2.1.1 or 2.1.2, the Board must inform the constituent authority that made the appointment.

7.2

Standing Order 7.1 does not apply to a member appointed under Standing Orders 2.2.1 to 2.2.3.

8. Removal of Members

8.1

If a member has not attended three consecutive meetings of the Board, and their absence was not due to illness or other reasonable cause, the Board may remove the member from office by providing the member with one month’s notice in writing.

8.2

If a member acts in a way which brings the Board into disrepute or in a way which is inconsistent with the proper performance of the functions of the Board, the Board may remove the member from office with effect from such date as the Board may specify in writing.

8.3

If a member is disqualified under Standing Order 6 (Disqualification) during a term of office they are to be removed from office immediately.

8.4

If a member who is a Councillor appointed by the local authority ceases, for any reason, to be a Councillor during a term of office they are to be removed from office with effect from the day that they cease to be a Councillor.

8.5

Subject to Standing Orders 8.1 to 8.4, a constituent authority may remove a member which it appointed by providing one month’s notice in writing to the member and the Board. The ability of the Health Board and the Council to remove members includes all members appointed by them including the Chairperson and the Vice-Chairperson. The Health Board and the Council are not required to provide reasons for removing a member appointed by them.

8.6

Where the Health Board or the Council removes a Board member, they should appoint a new member at the earliest opportunity. The Health Board and the Council may not remove Board members that are appointed from each other’s organisations.

9. Chairperson and Vice-Chairperson

9.1

The Chairperson and Vice-Chairperson will be drawn from the Health Board and the Council voting members of the Board, namely those members appointed in terms of Standing Orders 2.1.1 and 2.1.2. If a Councillor is to serve as Chairperson then the Vice-Chairperson will be a member appointed by the NHS Board and vice versa.

9.2

The Health Board may only appoint as Chairperson or Vice-Chairperson a non-executive director of the Health Board.

9.3

The term of office of the Chairperson will be for a period of two years, with the roles carried out on a rotational basis between Council and Health Board. The Council or NHS Board may change their appointee as Chairperson or Vice-Chairperson during an appointing period.

9.4

At each meeting of the Board, the Chairperson, if attending the meeting, is to preside.

9.5

If the Chairperson is absent from a meeting of the Board, the Vice-Chairperson is to preside.

9.6

If the Chairperson and Vice-Chairperson are both absent from a meeting of the Board, a voting member chosen at the meeting by the other voting members attending the meeting is to preside. In the event of a Proxy attending a meeting in place of a voting member, Standing Order 4.4 will apply.

9.7

The Chairperson shall:

9.7.1

Preserve order and ensure that every member has a fair hearing.

9.7.2

Decide on matters of relevancy, competency and order, and including 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.

9.7.3

Determine the order in which speakers will be heard.

9.7.4

Ensure that due and sufficient opportunity is given to members who wish to express their views on any subject under discussion.

9.7.5

If requested by any member, ask the mover of a motion, or an amendment, to state its terms.

9.7.6

At his/her discretion, order the exclusion of any member of the public or press/media who is deemed to have caused disruption/hindered the business being conducted in the meeting.

9.8

The decision of the Chairperson on all matters within his/her jurisdiction shall be final.

9.9

Deference shall, at all times, be paid to the authority of the Chairperson. When he/she speaks, the Chairperson shall be heard without interruption and members shall address the Chairperson while speaking.

10. Calling Meetings

10.1

The Board shall meet at least four times in each financial year, as agreed by the Board.

10.2

The Chairperson may call a special meeting of the Board, if there are items of urgent business to be considered.

10.3

A request for a special meeting of the Board to be called may be made in the form of a requisition specifying the business proposed to be transacted at the meeting and signed by two thirds of the voting members, presented to the Chairperson.

10.4

If a request is made under Standing Order 10.3 and the Chairperson refuses to call a meeting, or does not call a meeting within 7 days after the making of the request, the members who signed the requisition may call a meeting.

10.5

The business which may be transacted at a meeting called under Standing Order 10.4 is limited to the business specified in the requisition.

10.6

Adequate provision will be made to allow for members to attend a meeting of the 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.

11. Notice of Meeting

11.1

Before each meeting of the Board, a notice of the meeting specifying the time, place and business to be transacted at it (the Agenda) and issued by the Chairperson, or a member authorised by the Chairperson to sign on his or her behalf, shall be sent electronically to every member, or sent to the usual place of residence of every member, so as to be available to them at least five clear working days before the meeting.

11.2

A failure to serve notice of a meeting on a member in accordance with Standing Order 11.1 shall not affect the validity of anything done at that meeting.

11.3

In the case of a meeting of the Board called by members, in accordance with Standing Order 10.3, the notice is to be signed by the members who requisitioned the meeting.

11.4

At meetings of the Board, no business other than that on the Agenda shall be discussed or adopted except where, by reason of 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.

11.5

Each item of business to be transacted at a meeting of the Board will normally be accompanied by a report. The Board shall consider reports through the office of the Chief Officer of the Orkney Integration Joint Board. The following officers shall have the right to submit reports to the Board:

• The Chief Officer of the Board.
• The Chief Finance Officer of the Board.
• The Chief Social Work Officer of Orkney Islands Council.

11.6

The Chief Officer will approve all reports to the Board for release before they are issued to Board members.

12. Procedures for Dealing with Items of Business

12.1

Every effort shall be made by members to ensure that as many decisions as possible are made by consensus.

12.2

Officers will speak to the terms of any report drafted by them which is on the Agenda for a meeting. Thereafter, it will be open to any member to ask a question or questions concerning the item of business under consideration. Such questions must be relevant to the item of business under consideration and may be directed through the Chairperson, to any senior officer seeking clarification of the terms of a report.

12.3

When the Chairperson is satisfied that there are no more questions to be raised he/she will invite the Board to discuss the item of business. Such discussion must be relevant to the item of business and should attempt to achieve a decision by consensus. As part of the Chairperson’s role to manage the meeting, the Chairperson shall attempt to ensure that members who wish to speak have a fair opportunity to do so. The Chairperson shall have power to determine when members can speak and will determine the number of occasions and length of time that a member is able to speak.

12.4

When the Chairperson is satisfied that a decision can be made by consensus he/she will clarify the terms of that decision with the Board.

13. Procedure Where There Is No Unanimous Decision

13.1

If the Chairperson is satisfied that a decision cannot be made by consensus, based on the recommendations presented in a report, he/she will invite those of differing views to state the decision they wish the Board to make. The first such statement will be known as the recommendation. Any member may seek an amendment to the recommendation. Any recommendation and amendment must relate to the item of business under discussion. No recommendation or amendment will be accepted unless it is seconded. It will be open to any member to ask a question or questions to the mover of any recommendation, or amendment, seeking clarity of their recommendation or amendment.

13.2

In the event that discussion on any item has exceeded 30 minutes it will be open to any member to propose a recommendation. If this is not seconded the recommendation will fall and discussion shall continue. If it is seconded, the Chairperson will ascertain if there are any amendments, which also require to be seconded.

13.3

For the avoidance of doubt, non-voting members can propose and/or second a recommendation or amendment and speak to its terms, but cannot vote on it.

13.4

Subject to the right of the mover of a recommendation, and the mover of an amendment, to reply, no member will speak more than once on the same question at any meeting of the Board except:

13.4.1

On a question of order.

13.4.2

With the permission of the Chairperson.

13.4.3

In explanation or to clear up a misunderstanding in some material part of his/her speech.

13.5

The mover of an amendment and thereafter the mover of the original recommendation will have the right of reply for a period of not more than 3 minutes. He/she will introduce no new matter and once a reply is commenced, no other member will speak on the subject of debate. Thereafter the discussion will be held closed and the Chairperson will call for the vote to be taken.

14. Alteration, Deletion and Rescission of Decisions of the Integration Board

14.1

Except insofar as required by reason of illegality, no motion to alter, delete or rescind a decision of the 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 15.1.

15. Suspension, Deletion or Amendment of Standing Orders

15.1

Any one or more of the Standing Orders in the case of an 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 a meeting provided that two thirds of the voting membership of the Board is present shall so decide. Any motion to suspend Standing Orders shall state the number or terms of the Standing Order(s) to be suspended.

16. Voting

16.1

Every effort shall be made by voting members of the Board to ensure that as many decisions as possible are made by consensus.

16.2

Subject to Standing Order 4.3, only those members appointed by virtue of Standing Order 2.1 shall be entitled to vote.

16.3

Each question put to a meeting of the Board is to be decided by a majority of the votes of the voting members attending and entitled to vote on the question. In the case of an equality of votes the Chairperson shall not have a second or casting vote.

16.4

Voting shall be by a show of hands.

16.5

Where there is an equality of votes the voting members may agree that the matter be carried forward to the next meeting for further discussion and possible resolution. If the voting members do not agree such a method of breaking the deadlock then no decision will be taken and the status quo shall prevail. Standing Order 15.1 shall not preclude reconsideration of any such item within a 6 month period. If the matter still cannot be resolved, the Dispute Resolution Mechanism contained within the Integration Scheme may be considered.

17. Quorum

17.1

No business shall be transacted at a meeting of the Board unless there are present, and entitled to vote, both Council and NHS Board representatives and at least one half of the voting members are present.

17.2

If within ten minutes after the time appointed for the commencement of a meeting of the 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 record the fact.

18. Adjournment of Meetings

18.1

If it is necessary or expedient to do so, a meeting of the Board may be adjourned to another date, time or place.

18.2

A meeting of the Board may be adjourned 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 another day, time and place specified in the motion.

19. Codes of Conduct and Conflicts of Interest

19.1

All Councillors appointed to the Board shall be bound by the terms of the Code of Conduct for Councillors provided for under the Ethical Standards in Public Life etc. (Scotland) Act 2000. All other members shall be bound by the Board’s Code of Conduct for Members of Devolved Bodies, which is based on the Model Code of Conduct for members of Devolved Public Bodies, provided for under the Ethical Standards in Public Life etc. (Scotland) Act 2000.

19.2

The Board’s Standards Officer shall keep a Register in which all members shall record their interests and hospitality offered by virtue of their membership of the Board.

19.3

A member must disclose any direct or indirect pecuniary or other interest in relation to an item of business to be transacted at a meeting of the Board, before taking part in any discussion on that item.

19.4

If a member feels that their interest is of such significance that their involvement in the debate is not in the best interests of the public, then they can opt to leave the room for the duration of the relevant item and/or opt to not use their vote on the relevant item.

19.5

The minutes of the meeting of the IJB shall record the name of any member who has declared an interest, the nature of the interest and whether or not the member remained in the meeting, took part in the debate or voted and the significance of their involvement in serving the best interests of the public.

20. Disclosure of Information

20.1

No member or officer shall disclose to any person any information which falls into the following categories:

20.1.1

Confidential information within the meaning of Section 50(A)(2) of the Local Government (Scotland) Act 1973, as set out in Appendix 1 to these Standing Orders.

20.1.2

The full, or any part of any, document containing exempt information defined by the appropriate descriptions within Part 1 of Schedule 7A of the Local Government (Scotland) Act 1973 as amended, as set out in Appendix 2 to these Standing Orders.

20.1.3

Any information regarding proceedings of the Board from which the Public have been excluded unless or until disclosure has been authorised by the Council or the Health Board or the information has been made available to the Press/media or to the Public under the terms of the relevant legislation.

20.2

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 Board, the Council or the Health Board.

21. Recording of Proceedings/Minutes

21.1

A record must be kept of the names of the members and others attending every meeting of the Board.

21.2

Minutes of the proceedings, which are the joint responsibility of Orkney Islands Council (for the Board) and NHS Orkney (for any committees), of each meeting of the Board or a committee, including any decision made at that meeting, are to be drawn up and submitted to the next ensuing meeting of the Board or the committee for agreement after which they must be signed by the person presiding at that meeting.

21.3

A voting member who wishes his/her dissent from a decision of the Board to be minuted must request that his/her dissent be recorded immediately following the decision.

21.4

Other than live audio casting and recording of Meetings held in the Council Chamber, by the Council, on behalf of the Board, any sound, film, video tape, digital or photographic recording of the proceedings of any meeting will be subject to the prior written approval of the Board in accordance with the Protocol which forms Appendix 3 to these Standing Orders.

21.5

All members shall ensure that phones and other electronic communications devices are switched off, on silent or on vibrate during meetings of the Board (except when being used for the purpose of enabling remote attendance). Members shall not correspond, whether by email, text, social media or any other electronic means with any other member or other person during a meeting of the Board, except where this is incidental to remote attendance or in connection with an emergency. Research through the internet is permitted providing this is done in a manner which respects the authority of the Chairperson and does not interfere with the business of the meeting.

22. Admission of Press/Media and Public

22.1

Subject to the extent of the accommodation available and subject to the terms of the Public Bodies (Admissions to Meetings) Act 1960 and Sections 50A and 50E of the Local Government (Scotland) Act 1973, meetings of the 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 Board by posting on the websites of constituent bodies not less than three days before the date of each meeting.

22.2

Members of the Public may, at the Chairperson’s discretion, be permitted to address the Board or respond to questions from members of the Board, but shall not generally have a right to participate in the debate at Board meetings.

22.3

If a member of the Public attends a meeting of the Board, they should notify their intention to attend to Committee Services (Orkney Islands Council) in advance. If a member of the public wishes to address the Board during the meeting, they must first write to Committee Services (Orkney Islands Council), stating their questions. Standing Order 22.2 then applies.

22.4

Nothing in this Standing Order shall preclude the Chairperson from requiring the removal from a meeting of any person or persons who persistently disrupts the proceedings of a meeting.

23. Committees and Sub-committees

23.1

The Board may establish any Committee or Sub-committee of its members for the purpose of carrying out such of its functions as the Board may determine. When the Board establishes such a Committee or Sub-committee, it must determine the membership, Chairperson, remit, powers (including delegated authority) and quorum of that Committee or Sub-committee. This will normally be achieved through defined Terms of Reference.

23.2

These Standing Orders shall apply to all Committees, Sub-committees and working groups of the Board, unless otherwise stated.

24. Review of Standing Orders

24.1

The operation of these Standing Orders will be monitored regularly. Any required amendments brought about by practice, legislation or policy will be presented to the Board for approval. In addition, these Standing Orders will be reviewed as deemed necessary, and at least every three years.

Appendix 1

Definition of Confidential Information

In accordance with section 50(A)(3) of the Local Government (Scotland) Act 1973, Confidential Information means:

• Information furnished to the authority by a Government department upon terms (however expressed) which forbid the disclosure of the information to the public.

Or.

• Information the disclosure of which to the public is prohibited by or under any enactment or by the order of a court.

Appendix 2

Descriptions of Exempt Information

In accordance with Schedule 7A of the Local Government (Scotland) Act 1973, Exempt Information means information which falls within the definition of the following 15 categories:

Paragraph 1. Information relating to a particular employee, former employee or applicant to become an employee of, or a particular office holder, former office-holder or applicant to become an office-holder under, the authority.

Paragraph 2. Information relating to any particular occupier or former occupier of, or applicant for, accommodation provided by or at the expense of the authority.

Paragraph 3. Information relating to any particular applicant for, or recipient or former recipient of, any service provided by the authority.

Paragraph 4. Information relating to any particular applicant for, or recipient or former recipient of, any financial assistance provided by the authority.

Paragraph 5. Information relating to the adoption, care, fostering or education of any particular child or where any particular child is subject to a compulsory supervision order or interim compulsory supervision order (as defined respectively in sections 83 and 86 of the Children's Hearings (Scotland) Act 2011).

Paragraph 6. Information relating to the financial or business affairs of any particular person (other than the authority).

Paragraph 7. Information relating to anything done or to be done in respect of any particular person for the purposes of any of the matters referred to in section 27(1) of the Social Work (Scotland) Act 1968 (providing reports on and supervision of certain persons).

Paragraph 8. The amount of any expenditure proposed to be incurred by the authority under any particular contract for the acquisition of property or the supply of goods or services.

Paragraph 9. Any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods or services.

Paragraph 10. The identity of the authority (as well as of any other person, by virtue of paragraph 6 above) as the person offering any particular tender for a contract for the supply of goods or services.

Paragraph 11. Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or office-holders under, the authority.

Paragraph 12. Any instructions to counsel and any opinion of counsel (whether or not in connection with any proceedings) and any advice received, information obtained or action to be taken in connection with:

• (a) any legal proceedings by or against the authority, or
• (b) the determination of any matter affecting the authority, (whether in either case, proceedings have been commenced or are in contemplation).

Paragraph 13. Information which, if disclosed to the public, would reveal that the authority proposes:

• (a) to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or
• (b) to make an order or direction under any enactment.

Paragraph 14. Any action taken or to be taken in connection with the prevention, investigation or prosecution of a crime.

Paragraph 15. The identity of a protected informant.

Appendix 3

Protocol for Audio Casting Meetings

This Protocol has been drawn up to assist with the conduct of audio casting meetings and to ensure that, in doing so, the Board is compliant with its obligations under relevant data protection legislation.

Background

Meetings of the Integration Joint Board and its Performance and Audit Committee, which are held in the Council Chamber will be broadcast.

Meetings are broadcast live over the internet and can be accessed via the Council website. In addition, recordings of each meeting are made available via the Council website. Whenever possible, these are made available within two working days of a meeting taking place.

Prior to the Meeting – Agenda Front Sheets and Signage

The following notice is included on the front of each agenda for designated meetings:

“Please note that this meeting will be broadcast live (audio only) over the Internet on Orkney Islands Council’s website. The meeting will also be recorded, with the recording publicly available for listening to after the meeting for at least 12 months. The Council is a Data Controller in terms of data protection legislation. Data collected during the audio cast will be retained in accordance with the Council’s Data Protection Policy. Further information about how the Council uses personal information and associated rights is available on the Council’s website.”

A notice in the above terms will be displayed inside and outside the Chamber.

Operation of Microphones

Before speaking, press microphone switch to ON.

Wait to be introduced by the Chair.

Speak clearly into microphone.

Once finished speaking press microphone button OFF.

WARNING: Be aware that ‘off-mic’ comments could be picked up and transmitted.

Conduct of Meetings

At the start of each meeting to be broadcast, an announcement will be made by the Chair to the effect that audio casting is taking place for live and subsequent broadcast over the internet.

Cessation or Suspension of Audio Casting

No part of any meeting will be audio cast after Members have passed a resolution excluding the public because of the likely disclosure of exempt or confidential information.

The Clerk to the Board will ensure that audio casting of the meeting has ceased and will confirm this to the Chair before any discussion of exempt or confidential matters begins. In addition, the Chair has discretion to terminate or suspend the audio cast if, in his/her opinion, continuing to audio cast would prejudice the proceedings of the meeting.

Circumstances that could lead to suspension or termination of audio casting include public disturbance or other suspension of the meeting or the potential infringement of the rights of any individual.

If a technical fault develops, the meeting will continue without interruption. More often than not, the meeting will be recorded successfully, even if the live broadcast is interrupted.

Editing of Audio Cast

Editing of any content of an audio cast will only be undertaken if there is a legal reason, for instance, the name of a person in witness protection was divulged by a public speaker, confidential personal information is inadvertently disclosed or defamatory comments are made. Editing of content may also be authorised in exceptional circumstances such as if an attendee is taken ill. A log will be maintained of audio casts where content has been edited.

The Chief Officer will, in consultation with the Chair of the Meeting and the Board’s Standards Officer, make the final decision on editing any audio cast material to be broadcast or published in connection with any meeting. The reason for any decision to edit any audio cast material will be published.

Obscenities or Other Inappropriate Language

In the event of obscenities or other inappropriate or unacceptable language being used, the sound will be muted either live or in post-production as the Council’s audio casts are accessible by people of different ages. All persons in attendance at meetings are required to behave respectfully towards others.

Other Recording or Broadcasting of Meetings

No form of photography, filming, recording or broadcasting of meetings (other than audio casting for the Council’s purposes) shall take place unless express permission is given in advance by the Chair at his/her discretion.