House of Commons portcullis
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

 
 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2009
Revised 20 July 2009