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Regulation and Science Committee: Terms of Reference

1. Establishing the Committee

1.1 Under the Standing Orders for Meetings of the Agency Board and Board Standing Committees, approved by the Board of the Scottish Environment Protection Agency on 25 February 2025, the Agency Board may convene ad hoc committees and working groups to assist and advise it in undertaking its responsibilities.

2. Purpose of the Committee

2.1 The purpose of the Regulation and Science Committee is to provide assurance to the Board that SEPA meets its obligations in delivering its two core statutory functions of environmental regulation and flood risk management, as set out in SEPA’s Framework agreement with Scottish Government.

2.2 It will undertake scrutiny and regular review of these functions, and ensure compliance with relevant legislation and Scottish Government requirements, including by way of deep dives.

3. Functions and duties of the Committee

3.1 Power is delegated by the Agency Board to the Committee, not in any order of precedence, to:

3.1.1 Assist the Agency Board and Corporate Leadership Team (CLT) in providing strategic oversight of SEPA’s regulatory and scientific delivery, including methodologies, decision making and processes, providing assurance that these are in line with SEPA’s statutory purpose and corporate planning priorities, and are effective and fit for purpose.

3.1.2 Provide advice to CLT on developing and articulating an Evidence and Monitoring Strategy required to deliver SEPA’s corporate plan and scrutinising impacts.

3.1.3 Scrutinise and provide assurance to the Agency Board on SEPA’s regulatory impact, performance and service provision, reviewing SEPA’s regulatory strategy. SEPA’s regulatory approach is guided by four core principles: Precautionary action; The polluter pays; Prevention; and Rectification at source.

3.1.4 Provide oversight of the process for successful regulatory and scientific delivery, including assurance on its Governance Framework (purpose, structure, landscape, powers and responsibilities); Accountability (transparency mechanisms, empowerment and capacity building); Culture (leadership, adherence to SEPA Values, skills and competence); and that this is aligned with financial planning.

3.1.5 Work with CLT on outcome measures for tracking the effectiveness of SEPA as a regulator and trusted advisor, ensuring SEPA is prioritising its activities appropriately with a risk-based approach.

3.1.6 Keep under review principal operational risks and opportunities, ensuring they consider the wider context of political, social and economic issues, including Public Service Reform as relevant to the remit of the Committee.

3.1.7 Provide assurance to the Agency Board that SEPA’s environmental data is being used responsibly and innovatively whilst also protecting people, especially the vulnerable. 

3.1.8 Provide assurance to the Agency Board that the outputs of SEPA’s State of the Environment report are scientifically credible, accessible, and valuable to the public, government, and stakeholders.

3.1.9 Provide oversight on the strategic direction and alignment of SEPA’s approach to the Future of Regulation and Flooding Services Review with SEPA’s wider Transformation programme.

3.1.10 Provide assurance to the Agency Board that SEPA’s scientific research agenda, fosters innovation and partnerships with appropriate institutions, and applies cutting-edge science, technology, and methods.

3.1.11 Report back to the Agency Board with recommendations and any key issues the Committee believes should be discussed or considered for approval at Board level.

3.2    The Committee will not have any role in advising the Agency Board or CLT on SEPA employees or individual cases.

3.3    To fulfil its functions, the Committee will consider a range of factors which will include regular written and verbal reports from the appropriate Chief Operating Officers. 

4. Authority of the Committee

4.1 The Committee will have free and confidential access to Board members and employees to fulfil its terms of reference.

5. Membership and Quorum of the Committee

5.1 The Committee shall comprise four non-executive members of the Agency Board (including the Chair of the Committee). There will be regard to equalities issues in the membership composition.

5.2 The Chair and members of the Committee shall be appointed by the Agency Board.

5.3 The membership of the Committee will be reviewed every two years by the Agency Board and new members appointed or existing members re-appointed. The Chair will also be appointed for a two-year period. There is no limit on the length of time a member may serve on the Committee, subject to remaining a non-executive member of the Agency Board and being re-appointed to the Committee by the Agency Board.

5.4 A periodic assessment of the required skills of members of the Committee will be made by the Chair and, if required, a request will be made to the Agency Board for the provision of relevant training and development.

5.5 The Quorum of the Committee shall be two of the four members.

5.6 If the quorum of any Committee meeting cannot be reached because of an absence approved by the Chair of the Committee, in exceptional circumstances the Chair may co-opt another non-executive member of the Board to the Committee on a meeting-by-meeting basis.

6. Attendance at the Committee

6.1 The Chief Operating Officer Regulation, Business and Environment, the Chief Operating Officer Data, Evidence and Innovation, the Chief Regulator, Chief Scientific Advisor and the Head of Regulatory Transformation (or nominee designated with the approval of the appropriate Chief Operating Officer), will normally attend all meetings of the Committee.

6.2 The Chief Executive and Chief Officer Governance, Performance and Engagement may attend meetings of the Committee.

6.3 Other individuals may attend meetings by invitation.

6.4 Attendees may have a role in introducing papers, providing clarification, and contributing to discussions, but may not take part in Committee decisions.

7. Frequency and conduct of meetings

7.1 Meetings of the Committee will be held as necessary to conduct its business. The Committee shall meet no fewer than three times each financial year.

7.2 The Chair may convene additional meetings (extra (or special) meetings) as they deem necessary. The Committee may also be asked to convene special meetings by the Board or Chief Executive to discuss issues on which they require the Committee’s advice.

7.3 Committee meetings will normally be held remotely via MS Teams.

7.4 The agenda of business, once approved by the Chair, and accompanying papers will normally be circulated to members no later than one week before a scheduled date of the Committee meeting.

7.5 The Committee will seek specialist guidance and advice as appropriate.

7.6 All business of the Committee will be conducted in strict confidence.

7.7 The Committee is entitled to meet privately without any non-members present for all or part of a meeting if they so decide.

8. Administration of meetings

8.1 The secretariat function is provided by the CLT and Board Support team.

8.2 The Clerk to the Board or a substitute with the necessary knowledge, skills and experience, will act as the Clerk to the Committee. The Clerk to the Committee may be supported by a minute taker.

8.3 The Clerk to the Committee will advise the Chair on the conduct of Committee business and agenda planning. The Clerk will also advise Committee members on formal matters relating to the Committee.

8.4 Minutes of a Committee meeting will be submitted to the Chair for preliminary approval, and thereafter to the subsequent meeting of the Committee for formal approval at its next meeting. Approved Minutes and Chair Approved Minutes will be shared with the Board through the Clerk to the Board.

8.5 The Chief Executive will identify and release any employees (including those who are required to attend) whose presence is necessary to enable the Committee to undertake its functions.

9. Conduct of Business and Duties of the Chair

9.1 The Committee will report to the Board via the Chair of the Committee.

9.2 The conduct of business shall be in accordance with the Standing Orders of the Agency Board.

9.3 The duties and authority of the Chair shall be in accordance with that laid down in the Standing Orders of the Agency Board.

9.4 The Committee may take what advice (including external legal advice) it considers necessary to discharge its duties after consultation with the Chair of the Agency Board and the Chief Executive.

9.5 Where it is necessary for the Chair of the Committee to act or take advice on behalf of the Committee between meetings and where it is not practicable to convene an extra or special meeting of the Committee, the Chair shall consult with the Chair of the Agency Board and Chief Executive before taking action in accordance with the procedures for urgent business as provided for in the Standing Orders. 

10. Board approval

10.1 The remit of the Committee was approved by the Agency Board on 24 February 2026.