|
| |
| |
| |
| |
| |
| |
Make provision with regard to the Civil Service; to establish a Civil Service |
| |
Commission; to make provision for and in connection with the removal of |
| |
general restrictions as to nationality which apply to persons employed or |
| |
holding office in any civil capacity under the Crown; and for connected |
| |
| |
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
| |
consent of the Lords Spiritual and Temporal, and Commons, in this present |
| |
Parliament assembled, and by the authority of the same, as follows:— |
| |
| |
| |
1 | Civil service of the State |
| |
(1) | The civil service of the State (“the civil service”) shall continue to consist of |
| |
every person who serves the Crown in a civil capacity, other than a holder of |
| 5 |
judicial or political office, and whose remuneration is paid wholly and directly |
| |
out of moneys provided by Parliament. |
| |
(2) | The Minister for the Civil Service may provide by order made by statutory |
| |
instrument that a member of any prescribed body or the holder of any |
| |
prescribed office (not being a judicial or political office) shall be included in the |
| 10 |
civil service for the purposes of this Act, and any such order shall be subject to |
| |
annulment in pursuance of a resolution by either House of Parliament. |
| |
(3) | The Minister for the Civil Service may provide by order made by statutory |
| |
instrument that a person, or persons of a class or description falling within |
| |
subsection (1) or (2) above shall not be included in the civil service for the |
| 15 |
purposes of this Act, but such an order shall not be made unless a draft of the |
| |
instrument has been approved by each House of Parliament. |
| |
| |
| |
| |
|
| |
| |
2 | Civil Service Commission |
| |
(1) | There shall be a body of Commissioners to be known as the Civil Service |
| |
Commission (“the Commission”) to exercise the functions conferred upon it by |
| |
| |
(2) | The Commission shall consist of not fewer than seven Commissioners |
| 5 |
appointed by Her Majesty on an address presented by the House of Commons, |
| |
and no motion shall be made for such an address except by the Prime Minister |
| |
acting with the agreement of the Leader of Her Majesty’s Opposition. |
| |
(3) | Subject to the provisions of this section, the expenses of the Commission shall |
| |
be defrayed out of moneys provided by Parliament. |
| 10 |
(4) | The Commission shall for the financial year ending on 31st March 2005 and for each |
| |
subsequent financial year prepare an estimate of the use by it of resources (within the |
| |
meaning of the Government Resources and Accounts Act 2000 (c. 20)) and the Public |
| |
Accounts Commission shall examine that estimate and lay it before the House of |
| |
Commons with such modifications, if any, as the Public Accounts Commission thinks |
| 15 |
| |
(5) | Schedule 1 has effect in respect of the Commission. |
| |
(6) | In this section, “Leader of Her Majesty’s Opposition” has the same meaning as |
| |
in the Ministerial and Other Salaries Act 1975 (c. 27). |
| |
3 | Principal functions of the Commission |
| 20 |
(1) | Subject to section 5 below, the Commission shall maintain the principle of |
| |
selection on merit on the basis of fair and open competition in relation to |
| |
appointments to the civil service and for this purpose the Commission— |
| |
(a) | shall oversee and monitor recruitment procedures to the civil service, |
| |
and publish such codes on recruitment for observance by appointing |
| 25 |
authorities as it thinks fit; |
| |
(b) | shall require that every appointment to the Senior Civil Service be |
| |
approved by it in writing, except where such appointment is for a |
| |
period of less than twelve months; |
| |
(c) | may except an appointment from the principle of selection on merit on |
| 30 |
the basis of fair and open competition, either individually or by cases of |
| |
a class or description; and |
| |
(d) | may take such other steps as it thinks fit. |
| |
(2) | The Commission may hear and determine applications or appeals to it by a |
| |
member of the civil service under the Civil Service Code and for this purpose |
| 35 |
| |
(a) | determine its own procedure; |
| |
(b) | require the parties to an application or appeal to provide such |
| |
information and other assistance as the Commission shall think |
| |
necessary or appropriate; and |
| 40 |
| |
(3) | The Commission may undertake such inquiries as it thinks fit into the |
| |
recruitment of the civil service and the operation of any code of conduct made |
| |
| |
| 45 |
| |
| |
|
| |
| |
(a) | shall lay annually before each House of Parliament a general report on |
| |
the performance of its functions under this Act; and |
| |
(b) | may from time to time lay before each House of Parliament such other |
| |
reports with respect to those functions as it thinks fit. |
| |
(5) | In this section, “the Senior Civil Service” means that part of the civil service the |
| 5 |
members of which are classified by the Minister for the Civil Service as |
| |
members of the Senior Civil Service. |
| |
4 | Exercise of functions by Commission |
| |
(1) | Any function of the Commission under this Act may be exercised by a single |
| |
Commissioner or any officer of the Commission who is authorised for that |
| 10 |
purpose by the Commission. |
| |
(2) | The Commission may from time to time and to such extent as it thinks fit |
| |
authorise any person to perform— |
| |
(a) | any function under section 3 (1)(a); |
| |
(b) | any of its functions relating to the selection and recruitment of persons |
| 15 |
prior to the exercise by it of its power under section 3(1)(b)to give |
| |
written approval to an appointment; or |
| |
(c) | any of its functions under section 3(1)(b) and (c) where it has approved |
| |
the arrangements for selection for particular appointments. |
| |
5 | Exemption from selection on merit |
| 20 |
(1) | The principle of selection on merit on the basis of fair and open competition |
| |
under section 3 of this Act shall not apply to any situation— |
| |
(a) | where the holder is appointed directly by the Crown; or |
| |
(b) | where the holder is appointed directly by a Minister of the Crown, a |
| |
member of the Scottish Executive, the Assembly First Secretary of the |
| 25 |
National Assembly for Wales or an Assembly Secretary with the |
| |
approval of the Minister for the Civil Service and on terms |
| |
incorporating conditions approved by him. |
| |
(2) | A situation under subsection (1)(b) above may not be held other than for the |
| |
purpose of assisting the Minister, member of the Scottish Executive or |
| 30 |
Assembly Secretary who made the appointment, or for a period which extends |
| |
beyond his term of office. |
| |
(3) | The holder of a situation under subsection above (1)(b) may not— |
| |
(a) | authorise any expenditure of public funds; |
| |
(b) | exercise any management function in respect of the civil service; or |
| 35 |
(c) | exercise any statutory power; |
| |
but this shall not apply in the case of up to two situations in the Prime |
| |
Minister's Office which may be designated by him. |
| |
(4) | The number of situations that may be held at any time by persons appointed |
| |
by virtue of this section shall not exceed— |
| 40 |
(a) | twelve in the case of persons appointed by members of the Scottish |
| |
| |
(b) | six in the case of persons appointed by an Assembly Secretary; and |
| |
| |
| |
|
| |
| |
(c) | in the case of appointments by Ministers of the Crown a number that |
| |
shall be subject to approval by a resolution of each House of |
| |
| |
| |
(1) | The Minister for the Civil Service shall publish a code of conduct, to be known |
| 5 |
as “The Civil Service Code” (“the Code”). |
| |
(2) | The Code shall regulate the conduct of the civil service by prescribing the |
| |
values which its members are expected to uphold, and shall include, in |
| |
| |
(a) | a duty to serve the duly constituted Government with integrity, |
| 10 |
honesty and political impartiality; |
| |
(b) | a duty to discharge public functions reasonably and according to law; |
| |
(c) | a duty to deal with the affairs of the public sympathetically, efficiently, |
| |
promptly and without bias or maladministration; and |
| |
(d) | a duty to act without fear or favour and with political impartiality in the |
| 15 |
provision of advice and the performance of public functions. |
| |
(3) | The Code shall provide a mechanism for an appeal by any civil servant who |
| |
believes that he is being required to act in a way that is unlawful, improper, |
| |
unethical or otherwise in breach of the Code, and shall also provide for an |
| |
application direct to the Commission in any case where the civil servant |
| 20 |
reasonably believes he will be subjected to a detriment if he makes an appeal. |
| |
(4) | The Code may make other such provision as the Minister thinks fit. |
| |
(5) | The Minister for the Civil Service may make such supplementary codes to |
| |
make special provision for the holders of situations under section 5(1)(b) of this |
| |
| 25 |
(6) | The Minister for the Civil Service shall lay before each House of Parliament a |
| |
draft of any code or revised code made under this section and if either House |
| |
of Parliament passes a resolution requiring the code or any alteration in it to be |
| |
withdrawn the Minister for the Civil Service shall withdraw the code or |
| |
alteration and, where he withdraws the code, shall prepare a code in |
| 30 |
substitution for the one which is withdrawn. |
| |
(7) | In this section “government” includes the Crown in right of Her Majesty’s |
| |
Government in the United Kingdom, the Scottish Executive and the National |
| |
| |
| 35 |
(1) | The Minister for the Civil Service may by order made by statutory instrument |
| |
| |
(a) | prescribing the number, grading and classification of posts in the civil |
| |
| |
(b) | determining the conditions of service of all persons employed in the civil |
| 40 |
service, including remuneration, expenses and allowances, holidays, hours of |
| |
work, part-time and other working arrangements, retirement, redundancy and |
| |
| |
(c) | regulating the conduct of the civil service, other than the Civil Service |
| |
Code or other codes under section 6 above; and |
| 45 |
| |
| |
|
| |
| |
(d) | regulating recruitment of persons to situations in the civil service, |
| |
including qualifications relating to age, knowledge, ability, |
| |
professional attainment, aptitude and potential. |
| |
(2) | An order under this section shall be subject to annulment in pursuance of a |
| |
resolution of either House of Parliament. |
| 5 |
| |
| |
8 | Removal of existing nationality requirements |
| |
(1) | Section 3 of the Act of Settlement 1700 (c. 2) (which, subject to exceptions, |
| |
prevents persons born outside the United Kingdom from holding certain |
| 10 |
offices) shall not prevent any person from being employed or holding office in |
| |
a civil capacity under the Crown. |
| |
(2) | In the Aliens Restriction (Amendment) Act 1919 (c. 92), section 6 (which, |
| |
subject to exceptions, prevents the appointment of aliens to posts in the Civil |
| |
| 15 |
(3) | The Aliens’ Employment Act 1955 (c. 18) is hereby repealed. |
| |
(4) | The European Communities (Employment in the Civil Service) Order 1991 |
| |
(S.I., 1991, No. 1221) is hereby revoked. |
| |
9 | Power to impose new nationality requirements |
| |
(1) | Rules may be made imposing requirements as to nationality which must be |
| 20 |
satisfied by a person employed or holding office in a civil capacity under the |
| |
Crown specified in the rules. |
| |
(2) | The rules may also impose requirements as to nationality which must be |
| |
satisfied by persons of a description specified in the rules who are related to, or |
| |
living with, such a person. |
| 25 |
(3) | The rules may be made— |
| |
(a) | by a Minister of the Crown; or |
| |
(b) | by any other officer of the Crown to whom that power has been |
| |
delegated by a Minister of the Crown. |
| |
(4) | The rules may include provision— |
| 30 |
(a) | exempting persons of a description specified in the rules (and persons |
| |
related to, or living with, them) who were first employed, or first held |
| |
office, in the capacity in question before a specified date; and |
| |
(b) | allowing any Minister or other officer of the Crown to grant exemptions |
| |
in cases in which the Minister or officer considers it appropriate. |
| 35 |
(5) | The reference in section 75(5)(b) of the Race Relations Act 1976 (c. 74) (rules |
| |
relating to nationality etc. of persons employed in service of Crown) to the |
| |
implementation of rules includes the grant of (or refusal to grant) exemptions |
| |
| |
10 | Repeals and revocation |
| 40 |
Schedule 2 (repeals and revocations) has effect. |
| |
| |
| |
|
| |
| |
| |
| |
11 | Transitional, transitory and saving provisions |
| |
(1) | The Minister for the Civil Service may by order made by statutory instrument |
| |
make any transitory, transitional or saving provision which he considers |
| 5 |
expedient for the purposes of, in consequence of or for giving full effect to any |
| |
| |
(2) | An order under this section shall not be made unless a draft of the statutory |
| |
instrument containing it has been laid before, and approved by a resolution of, |
| |
each House of Parliament. |
| 10 |
| |
There shall be paid out of money provided by Parliament— |
| |
(a) | any expenditure incurred by the Minister for the Civil Service under or by |
| |
| |
(b) | any increase attributable to the provisions of this Act in the sums which under |
| 15 |
any other enactment are paid out of moneys so provided. |
| |
13 | Short title, commencement and extent |
| |
(1) | This Act may be cited as the Civil Service Act 2004. |
| |
(2) | This Act shall come into force on 1st April 2005. |
| |
(3) | This Act (except sections 2, 3, 4, 5, 6 and 7) shall extend to Northern Ireland. |
| 20 |
| |
| |
|
