Further Detail

UPDATES TO THE STANDING ORDERS
The Authority is obliged to set out any circumstances in which an agenda, papers and reports may not be published. Paragraphs 20 and 21 of the Standing Orders are therefore amended, to set out explicitly any circumstances in which Authority papers and reports may not be published; and to explicitly set out that agendas may not be published only where to do so would be prejudicial to national security. In addition, parties presenting an item who wish it to be considered in private session, are to make representations to the chair of the meeting setting out why, making reference to the applicable circumstances detailed in Standing Order 20.

A new paragraph makes it explicit that Committees and/or Sub-Committees may refer matters to another Committee/Sub-Committee for its consideration.

UPDATES TO COMMITTEE TERMS OF REFERENCE
Wording has been updated where required, to clearly distinguish between committee membership (Authority Members) and committee attendees.

Audit Risk and Assurance Committee
Terms of reference are amended to reflect regular attendance by a representative from Forensic Services.

Complaints and Conduct Committee
Terms of reference are amended throughout, in line with the revised Complaints Handling Procedures approved by the Complaints and Conduct Committee March 2023.
The purpose of the Committee is updated such that –

“The purpose of the Complaints and Conduct Committee is to monitor, oversee and scrutinise: the handling by the Authority and Police Scotland of “relevant” complaints as defined in legislation; and Police Scotland’s arrangements for handling misconduct allegations against constables; and to perform certain functions and make decisions on behalf of the Authority under the Police Service of Scotland (Senior Officers) (Conduct) Regulations 2013 (“the 2013 Regulations”) and other applicable regulations.”

Revised procedures introduce a change to the decision-making process for complaints about SPA corporate staff below Director-level whereby complaints will be determined by the SPA Chief Executive, rather than by the Complaints and Conduct Committee. This is in line with current practice in SPA Forensic Services, and in Police Scotland for complaints about officers below Senior Officer level. Textual changes refer to “relevant” complaints, and provide additional clarity.

“Consider reports from Police Scotland on its handling of misconduct allegations under the Police Service of Scotland (Conduct) Regulations 2014, with a view to ensuring that arrangements for handling these allegations are efficient and effective” is added to the Terms of Reference.

Exceptional Circumstances Committee – no changes are proposed.

Forensic Services Committee

The Terms of Reference are modified to focus the work of the Committee on Forensic Services Performance, mirroring the approach of the Policing Performance Committee to policing performance.

Delivery against the Memorandum of Understanding is mainstreamed into

Performance Reporting.
T

erms of Reference now make specific reference to seeking assurance that effective operational and strategic partnerships are in place. This assurance may be requested from Forensic Services and partners individually, or through partnership structures.

Proposed additions:

“Review the performance of Forensic Services, using the performance framework. In particular, review quarterly and annual performance reports and progress in the achievement of objectives and outcomes, ahead of consideration by the Board.”

“Seek assurance that effective operational and strategic partnership arrangements are in place.”

“Support the development of, and approve, the Forensic Services performance framework, ensuring that it is aligned with strategic objectives, statutory requirements and ethical standards; that it develops best practice in measuring and reporting the achievement of outcomes; that it is based on robust and meaningful data; and that it takes account of statutory obligations and commitments set out in the Memorandum of Understanding.”

“Oversee the implementation of performance improvement recommendations made in relation to Forensic Services by scrutiny/inspections bodies, audit reports, or the Authority.”

“In addition to the Chair and the Chief Executive, Police Scotland, the Crown Office and Procurator Fiscal Service and the Police Investigations and Review Commissioner have a standing invitation to attend meetings and actively participate in the Committee’s discussions.”

Proposed deletions

“Seek assurance that Forensic Services has appropriate risk and financial management controls in place”. This responsibility would transfer to Audit Risk and Assurance Committee.

“Seek assurance that the Authority’s statutory obligations as a service provider are being appropriately discharged, in particular Authority’s duties in relation to the health, safety, wellbeing and equalities.” This responsibility would transfer to the People Committee.

Legal Committee

There are clarifications to text and in numbering.

Deletions

to hear, or appoint a panel of its members to hear, appeals against dismissal, from Authority and Police Scotland staff, in relation to disciplinary, and capability (attendance and performance) matters.
This is now included the DRAFT Scheme of Delegation, with the Chief Executive Authorised to appoint a panel of Members to hear appeals against dismissal.

to determine applications from police officers for ill health retirement and Injury on Duty awards
This responsibility transfers to the People Committee.

to make decisions on pension forfeiture, applying underpayments to injury on duty awards and granting retrospective injury on duty awards
These responsibilities transfer to the People Committee.

References to “and review the arrangements in place for the handling of these matters” (referring to the handling of legal actions, claims and appeals) is removed, as this is out with the scope of responsibility / power of the Committee.

People Committee

Additions:

“The Committee will make decisions in relation to applications for ill health retirement, and injury on duty awards; and pension forfeiture. The Committee will also decide the process for appointment to the ranks of Chief Constable, Deputy Chief Constable and Assistant Chief Constable and to Director level roles within the Authority/Police Scotland (including temporary appointments).”

Determine applications from police officers for ill health retirement and injury on duty awards, and seek assurance that effective processes are in place for the administration of applications for ill health retirement and injury on duty awards.

Make decisions in relation to:
pension forfeiture in accordance with the relevant regulations;
the application of underpayments to injury on duty awards to recover sums overpaid to former police officers in receipt of injury on duty awards;
granting retrospective injury on duty awards to former police officers; and
to seek the agreement of the Scottish Public Pensions Agency to those decisions

Policing Performance Committee

Additions:

Approval of the Policing Performance Framework is proposed as a new delegation to the Committee.

Resources Committee
Text is updated throughout to align with terminology used in the updated Financial Regulations.

UPDATES TO THE FINANCIAL REGULATIONS

Key changes:
Appendix A / 2. The internal Police Scotland and Authority schemes of financial delegation. This is proposed to change from Board approval to Accountable Officer approval, on the basis that the Board already approves the pre-approval limits within the financial regulations. Decisions on internal allocation within these parameters and pre-approved limits can therefore be made by the Accountable Officer.

Termination of expenditure contracts.

table 16.1 provides provision for this scenario which says that if there is a requirement for a decision to terminate a contract, approval is sought from the governance forum that originally approved the contract award.

Exempt procurement.

A brief note is added, related to the process for exempt procurements in line with contract legislation (see para 8.2.3 of the Framework).
In addition, a range of minor updates, corrections and clarifications are proposed, set out in Appendix A of the Authority’s Financial Regulations.

UPDATES TO MATTERS RESERVED FOR THE BOARD

Approval of the Police Scotland Performance Framework is removed.

UPDATES TO SCHEME OF DELEGATION
Appointment of Members to Appeals Against Dismissal Panel.

Provision is included such that the Chief Executive is authorised to appoint three Authority Members to hear and determine, appeals against dismissal from Authority and Police Scotland staff, in accordance with the Disciplinary, and the Capability (Attendance and Performance), procedures. To ensure the appeals are dealt with expeditiously Members will be appointed to the Panel on a case-by-case basis, determined by their availability to hear the appeal.