Constitutional Reform and Governance Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Constitutional Reform and Governance Bill

Constitutional Reform and Governance Bill
Part 1 — The civil service
Chapter 1 — Statutory basis for management of the civil service
1

A
Bill
To
Make provision relating to the civil service of the State; to make provision
relating to the ratification of treaties; to amend section 2 of the House of Lords
Act 1999 and make provision relating to the removal, suspension and
resignation of members of the House of Lords; to repeal sections 132 to 138 of
the Serious Organised Crime and Police Act 2005 and to amend Part 2 of the
Public Order Act 1986; to make provision relating to time limits for human
rights claims against devolved administrations; to make provision relating to
judges and similar office holders; to make provision relating to the
Comptroller and Auditor General and to establish a body corporate called the
National Audit Office; to amend the Government Resources and Accounts Act
2000 and to make corresponding provision in relation to Wales.
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:—
Part 1
The civil service
Chapter 1
Statutory basis for management of the civil service
Application
5
1
Application of Chapter
(1)
Subject to subsections (2) and (3), this Chapter applies to the civil service of the
State.
(2)
This Chapter does not apply to the following parts of the civil service of the
State—
10
(a)
the Secret Intelligence Service;
(b)
the Security Service;
(c)
the Government Communications Headquarters;

Bill 142
54/4

Constitutional Reform and Governance Bill
Part 1 — The civil service
Chapter 1 — Statutory basis for management of the civil service
2

(d)
the Northern Ireland Civil Service;
(e)
the Northern Ireland Court Service.
(3)
Further, this Chapter—
(a)
does not apply in relation to the making, outside the United Kingdom,
of selections of persons who are not members of the civil service of the
5
State for appointment to that service for the purpose only of duties to
be carried out wholly outside the United Kingdom;
(b)
does not apply in relation to the appointment of a person to the civil
service of the State who was selected for the appointment as mentioned
in paragraph (a);
10
(c)
does not apply to the civil service of the State so far as it consists of
persons—
(i)
who were appointed to the civil service of the State as
mentioned in paragraph (b), and
(ii)
all of whose duties are carried out wholly outside the United
15
Kingdom.
(4)
In this Chapter references to the civil service—
(a)
are to the civil service of the State excluding the parts mentioned in
subsections (2) and (3)(c);
(b)
are to be read subject to subsection (3)(a) and (b);
20

and references to civil servants are to be read accordingly.
Civil Service Commission
2
Establishment of the Civil Service Commission
(1)
There is to be a body corporate called the Civil Service Commission (“the
Commission”).
25
(2)
Schedule 1 (which is about the Commission) has effect.
(3)
The Commission has the role in relation to selections for appointments to the
civil service set out in sections 11 to 14.
(4)
See also—
(a)
section 9 (which sets out the Commission’s role in dealing with conduct
30
that conflicts with civil service codes of conduct);
(b)
section 17 (under which the Commission may be given additional
functions).
Power to manage the civil service
3
Management of the civil service
35
(1)
The Minister for the Civil Service has the power to manage the civil service
(excluding the diplomatic service).
(2)
The Secretary of State has the power to manage the diplomatic service.
(3)
The powers in subsections (1) and (2) include (among other things) power to
make appointments.
40

Constitutional Reform and Governance Bill
Part 1 — The civil service
Chapter 1 — Statutory basis for management of the civil service
3

(4)
But they do not cover national security vetting (and, accordingly, subsections
(1) and (2) do not affect any power relating to national security vetting).
(5)
The agreement of the Minister for the Civil Service is required for any exercise
of the power in subsection (2) in relation to—
(a)
remuneration of civil servants (including compensation payable on
5
leaving the civil service), or
(b)
the conditions on which a civil servant may retire.
4
Other statutory management powers
(1)
All statutory management powers in effect when section 3 comes into force
continue to have effect.
10
(2)
But those and all other statutory management powers are exercisable subject to
section 3.
(3)
“Statutory management power” means a power in relation to the management
of any part of the civil service conferred by an Act (whenever passed) or an
instrument under an Act (whenever made).
15
(4)
“Act” includes—
(a)
an Act of the Scottish Parliament;
(b)
an Act or Measure of the National Assembly for Wales;

but excludes this Part of this Act.
(5)
Subsection (2) does not apply to a statutory management power conferred by
20
the Superannuation Act 1965 (c. 74) or the Superannuation Act 1972 (c. 11) or
an instrument under any of those Acts.
Codes of conduct
5
Civil service code
(1)
The Minister for the Civil Service must publish a code of conduct for the civil
25
service (excluding the diplomatic service).
(2)
For this purpose, the Minister may publish separate codes of conduct covering
civil servants who serve the Scottish Executive or the Welsh Assembly
Government.
(3)
Before publishing a code (or any revision of a code) under subsection (2), the
30
Minister must consult the First Minister for Scotland or the First Minister for
Wales (as the case may be).
(4)
In this Chapter “civil service code” means a code of conduct published under
this section as it is in force for the time being.
(5)
The Minister for the Civil Service must lay any civil service code before
35
Parliament.
(6)
The First Minister for Scotland must lay before the Scottish Parliament any civil
service code under subsection (2) that covers civil servants who serve the
Scottish Executive.

Constitutional Reform and Governance Bill
Part 1 — The civil service
Chapter 1 — Statutory basis for management of the civil service
4

(7)
The First Minister for Wales must lay before the National Assembly for Wales
any civil service code under subsection (2) that covers civil servants who serve
the Welsh Assembly Government.
(8)
A civil service code forms part of the terms and conditions of service of any
civil servant covered by the code.
5
6
Diplomatic service code
(1)
The Secretary of State must publish a code of conduct for the diplomatic
service.
(2)
In this Chapter “diplomatic service code” means the code of conduct published
under this section as it is in force for the time being.
10
(3)
The Secretary of State must lay the diplomatic service code before Parliament.
(4)
The diplomatic service code forms part of the terms and conditions of service
of any civil servant covered by the code.
7
Minimum requirements for civil service and diplomatic service codes
(1)
This section sets out the provision that must be included in a civil service code
15
or the diplomatic service code in relation to the civil servants covered by the
code.
(The code may include other provision as well.)
(2)
The code must require civil servants who serve an administration mentioned
in subsection (3) to carry out their duties for the assistance of the
20
administration as it is duly constituted for the time being, whatever its political
complexion.
(3)
The administrations are—
(a)
Her Majesty’s Government in the United Kingdom;
(b)
the Scottish Executive;
25
(c)
the Welsh Assembly Government.
(4)
The code must require civil servants to carry out their duties—
(a)
with integrity and honesty, and
(b)
with objectivity and impartiality.
(5)
But the code need not require special advisers (see section 15) to carry out their
30
duties with objectivity or impartiality.
8
Special advisers code
(1)
The Minister for the Civil Service must publish a code of conduct for special
advisers (see section 15).
(2)
Before publishing a code (or any revision of a code) under this section, the
35
Minister must consult the First Minister for Scotland and the First Minister for
Wales.
(3)
In this Chapter “special advisers code” means the code of conduct published
under this section as it is in force for the time being.

Constitutional Reform and Governance Bill
Part 1 — The civil service
Chapter 1 — Statutory basis for management of the civil service
5

(4)
The Minister for the Civil Service must lay the special advisers code before
Parliament.
(5)
The First Minister for Scotland must lay the special advisers code before the
Scottish Parliament.
(6)
The First Minister for Wales must lay the special advisers code before the
5
National Assembly for Wales.
(7)
The special advisers code forms part of the terms and conditions of service of
special advisers.
9
Conduct that conflicts with a code of conduct: complaints by civil servants
(1)
This section applies in relation to any civil service code and the diplomatic
10
service code; and “code” is to be read accordingly.
(2)
Subsection (3) applies if a civil servant (“P”) covered by a code has reason to
believe—
(a)
that P is being, or has been, required to act in a way that conflicts with
the code, or
15
(b)
that another civil servant covered by the code is acting, or has acted, in
a way that conflicts with the code.
(3)
P may complain to the Commission about the matter.
(4)
A code may include provision about the steps that must be taken by a civil
servant before making a complaint (and P must take the steps accordingly).
20
(5)
The Commission—
(a)
must determine procedures for the making of complaints and for the
investigation and consideration of complaints by the Commission;
(b)
after considering a complaint, may make recommendations about how
the matter should be resolved.
25
(6)
For the purposes of the investigation or consideration of a complaint, the
following must provide the Commission with any information it reasonably
requires—
(a)
civil service management authorities;
(b)
the complainant;
30
(c)
any civil servant whose conduct is covered by the complaint.
(7)
The revision of a code does not affect the application of this section in relation
to anything occurring before the revision.
Appointment
10
Selections for appointments to the civil service
35
(1)
This section applies to the selection of persons who are not civil servants for
appointment to the civil service.
(2)
A person’s selection must be on merit on the basis of fair and open competition.
(3)
The following selections are excepted from this requirement—

Constitutional Reform and Governance Bill
Part 1 — The civil service
Chapter 1 — Statutory basis for management of the civil service
6

(a)
a person’s selection for an appointment to the diplomatic service either
as head of mission or in connection with the person’s appointment (or
selection for appointment) as Governor of an overseas territory;
(b)
selection for an appointment as special adviser (see section 15);
(c)
a selection excepted by the recruitment principles (see sections 11 and
5
12(1)(b)).
(4)
In determining for the purposes of subsection (1) whether or not a person is a
civil servant, ignore any appointment for which the person was selected in
reliance on subsection (3).
(5)
But, in relation to persons selected in reliance on subsection (3)(c), the
10
recruitment principles may disapply subsection (4) in specified cases.
11
Recruitment principles
(1)
The Commission must publish a set of principles to be applied for the purposes
of the requirement in section 10(2).
(2)
Before publishing the set of principles (or any revision of it), the Commission
15
must consult the Minister for the Civil Service.
(3)
In this Chapter “recruitment principles” means the set of principles published
under this section as it is in force for the time being.
(4)
Civil service management authorities must comply with the recruitment
principles.
20
12
Approvals for selections and exceptions
(1)
The recruitment principles may include provision—
(a)
requiring the Commission’s approval to be obtained for a selection
which is subject to the requirement in section 10(2);
(b)
excepting a selection from that requirement for the purposes of section
25
10(3)(c).
(2)
The Commission may participate in the process for a selection for which its
approval is required by provision within subsection (1)(a).
(3)
It is up to the Commission to decide how it will participate.
(4)
Provision within subsection (1)(b) may be included only if the Commission is
30
satisfied—
(a)
that the provision is justified by the needs of the civil service, or
(b)
that the provision is needed to enable the civil service to participate in
a government employment initiative that major employers in the
United Kingdom (or a part of the United Kingdom) have been asked to
35
participate in.
(5)
Provision within subsection (1)(a) or (b) may be made in any way, including
(for example) by reference to—
(a)
particular appointments or descriptions of appointments;
(b)
the circumstances in which a selection is made;
40
(c)
the circumstances of the person to be selected;
(d)
the purpose of the requirement to obtain approval or the purpose of the
exception.

Constitutional Reform and Governance Bill
Part 1 — The civil service
Chapter 1 — Statutory basis for management of the civil service
7

(6)
Provision within subsection (1)(b) may also (for example)—
(a)
deal with the way in which selections made in reliance on section
10(3)(c) are to be made;
(b)
specify terms and conditions that must be included in the terms and
conditions of an appointment resulting from a selection made in
5
reliance on section 10(3)(c).
(7)
Provision within subsection (1)(a) or (b) may confer discretions on the
Commission or civil service management authorities.
13
Complaints about competitions
(1)
Subsection (2) applies if a person has reason to believe that a selection for an
10
appointment has been made in contravention of the requirement in section
10(2).
(2)
The person may complain to the Commission about the matter.
(3)
The Commission—
(a)
may determine steps that must be taken by a person before making a
15
complaint (and those steps must be taken accordingly);
(b)
must determine procedures for the making of complaints and for the
investigation and consideration of complaints by the Commission;
(c)
after considering a complaint, may make recommendations about how
the matter should be resolved.
20
(4)
For the purposes of the investigation or consideration of a complaint, the
following must provide the Commission with any information it reasonably
requires—
(a)
civil service management authorities;
(b)
the complainant.
25
14
Monitoring by the Commission
(1)
The Commission must carry out whatever reviews of recruitment policies and
practices it thinks are necessary to establish—
(a)
that the principle of selection on merit on the basis of fair and open
competition is being upheld in accordance with the requirement in
30
section 10(2) and the recruitment principles, and
(b)
that the requirement in section 10(2) and the recruitment principles are
not being undermined in any way (apart from non-compliance).
(2)
For this purpose, civil service management authorities must provide the
Commission with any information it reasonably requires.
35
Special advisers
15
Definition of “special adviser”
(1)
In this Chapter “special adviser” means a person (“P”) who holds a position in
the civil service serving an administration mentioned below and whose
appointment to that position meets the applicable requirements set out below.
40