Scheme of internal delegation Document

Scheme of internal delegation - April 2025

Board – Approved Scheme of internal delegation – April 2025.pdf

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  • Governance Documents
  • 15 May 2025

Introduction

1.1 Section 8 of the Standing Orders sets out the functions which are reserved to the Board. Other functions are delegated to Committees or to the Chief Executive as set out in the following table, but the Board remains ultimately responsible for performance of all functions in line with the provisions of section 8 of Schedule 1 of the Continuity Act.

1.2 Where this scheme delegates responsibility to the Chief Executive, that responsibility may be delivered by or with the support of other members of the ESS staff, but the Chief Executive will remain accountable to the Board for effective delivery.

1. Governance, Scrutiny and Risk

The Chief Executive, as Accountable Officer, has responsibilities that are set out in the ‘Memorandum to Accountable Officers for parts of the Scottish Administration’ in the Scottish Public Finance Manual. These responsibilities are outlined in the ESS Framework Document and are not delegated by the ESS Board.

ESS Responsibility Delegated Responsibility Delegated to
1.1 Ensure effective governance and scrutiny of all aspects of ESS business. 1.1.1 Ensure that ESS’ internal governance and control arrangements are sound and that issues which raise any concern to the Chief Executive as Accountable Officer and/or which may have reputational consequences for ESS are presented to the Board for thorough scrutiny. This includes any issues of regularity or propriety in the use of public funds, protection of ESS assets and/or any proposals which are novel or contentious. Chief Executive
1.1.2 Lead the staff of ESS, supporting their wellbeing and skills development while ensuring their effective engagement and delivery of business. Ensure that plans are in place for succession and continuity of core business in the event of vacancies or significant unavoidable absence.

 

 Chief Executive
1.2 Establish and maintain the overall framework for risk management and assurance. 1.2.1 Scrutinise and approve overall approach to risk identification and risk management. Audit and Risk Committee
1.2.2 Approve audit plans and review of sources of assurance on all aspects of ESS governance. Chief Executive
1.2.3 Oversee drafting of risk management documents for Audit and Risk Committee. Implement agreed approach to risk management, ensure identified risks are documented and action is taken where required to manage these and provide regular updates on risk to the Board and Audit and Risk Committee. Chief Executive

 

2. Strategy, Planning and Performance

ESS Responsibility Delegated Responsibility Delegated to
2.1 Set strategic direction of the organisation including: approving the strategy required under section 18 of the Continuity Act, approving the corporate plan and annual business plans and setting the performance framework. 2.1.1 Oversee drafting of strategy, corporate plans and business plans to timetables agreed with the Board and provide robust analysis and advice on resource implications of all proposed commitments, targets and deliverables to support Board decision-taking. Chief Executive
2.2 Ensure delivery of statutory functions and meet agreed plans and targets, approving remedial action where required. 2.2.1 Lead the staff of ESS to deliver the statutory functions of ESS, to meet agreed plans and targets and provide regular monitoring reports on performance to the Board. Highlight any emerging risks or issues that may prevent or are preventing successful delivery and offer advice on options for remedial action. Ensure remedial actions agreed with the Board are implemented effectively. Chief Executive
2.3 Ensure ESS meets its responsibilities on performance reporting to the Scottish Parliament and the general public. 2.3.1 Oversee drafting of the annual report and any other agreed reports and/or performance data in good time for the Board to scrutinise the drafts. Ensure that final reports and data are published to the agreed timetable. Chief Executive
2.4 Ensure that ESS meets its commitments to effective working with Scottish Government, stakeholders and other national and international environmental governance organisations. 2.4.1 Establish and maintain working relationships with relevant staff in Scottish Government, other stakeholder bodies in Scotland and with staff in national and international environmental governance organisations. Advise and support the Board on its engagement with these other bodies. Chief Executive

3. Resources and Expenditure

ESS Responsibility Delegated Responsibility Delegated to
3.1 Ensure that ESS has the necessary people and services in place to deliver its strategy and deliver statutory, corporate plan and business plan requirements. 3.1.1 Advise the Board on resource requirements in each Spending Review or Scottish Budget process and support the Chair in engagement with Ministers as necessary. Oversee analysis to be provided to Scottish Government during the Spending Review or Scottish Budget process and engage directly with Scottish Government staff on the implications of any proposals under consideration. Chief Executive
3.2 Agree the internal allocation of revenue and capital expenditure to support delivery of ESS functions within budgets approved each year by the Scottish Parliament. 3.2.1 Provide analysis and advice to the Board on the allocation of revenue and capital budgets within the totals approved and manage ESS expenditure during the financial year to ensure that ESS does not breach its overall revenue or capital budget. Within this constraint, approve adjustments to spending allocations in-year up to 5% of total revenue or capital budgets respectively where necessary to ensure value for money and effective performance of ESS functions, in line with the agreed strategy, corporate plan and business plan. Report financial performance regularly to the Board, highlighting any changes within delegated limits. Where changes in spending plans above the delegated limit appear necessary, present these to the ESS Board for scrutiny in good time for decisions to be taken. Chief Executive
3.3 Establish medium-term financial plans to ensure the financial sustainability of ESS 3.3.1 Oversee work to analyse future financial requirements alongside the overall public funding outlook and bring draft medium-term financial plans to the Board for scrutiny. Chief Executive
3.4 Ensure that ESS provides a proper account of its use of public funds. 3.4.1 Scrutinise annual accounts and governance statement, and review accounting policies as required. Final annual accounts will be signed off by the Board. Audit and Risk Committee

4. Procurement

ESS Responsibility Delegated Responsibility Delegated to
4.1 Ensure that procurement of all goods and services required for the effective functioning of ESS is carried out in line with legislation and relevant guidance, and represents good value for money. 4.1.1 Procure goods and services necessary for ESS operations, using established shared or collaborative contracts accessible by ESS wherever possible, or oversee individual procurements for ESS in line with guidance and legislation for goods or services up to £50,000. Anything over this limit will be signed off by the Board. Chief Executive
4.1.2 Bring a business case, including benefits and appropriate contingency allowance, to the Board for any necessary goods or services above the £50,000 threshold and carry out procurement, in line with guidance and legislation, within the agreed limits including contingency allowance and ensuring delivery of the benefits. Any revisions to the business case benefits or costs must be approved by the Board. Chief Executive

5. Statutory Compliance

ESS Responsibility Delegated Responsibility Delegated to
5.1 Ensure that ESS meets all statutory obligations, including in relation to health and safety, employment, data protection, freedom of information and equality. 5.1.1 Monitor ESS’ compliance with statutory obligations, keeping records as required and taking actions wherever possible within delegated responsibility to ensure full statutory compliance as soon as is practicable after the establishment of ESS. Chief Executive
5.1.2 Identify any significant risks or issues of non-compliance with statutory requirements which may have a negative impact on the reputation or finances of ESS or may lead to legal challenge – and ensure these are highlighted to the Board at the earliest opportunity. Chief Executive

6. Communications

ESS Responsibility Delegated Responsibility Delegated to
6.1 Establish the ESS approach to communications and ensure that both proactive and reactive communications are handled effectively. 6.1.1 Oversee preparation of a draft communication and engagement strategy (covering both proactive and reactive communications) for consideration by the Board and support the Board on reviewing and updating the strategy to an agreed timetable. Chief Executive
6.1.2 Deliver and maintain an effective ESS website and social media accounts, in line with the agreed strategy. Chief Executive
6.1.3 Oversee the issuing of proactive media statements and announcements, consulting the Chair of ESS where appropriate. Chief Executive
6.1.4 Authorise reactive media statements on a day-to-day basis, consulting the Chair of ESS where appropriate. Chief Executive
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