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| New Amendments handed in are marked thus  |
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| Constitutional Reform and Governance Bill
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| | The Amendments have been arranged in accordance with the Constitutional |
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| | Reform and Governance (Programme) (No. 2) Motion to be proposed by Secretary |
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| Clause 1, page 1, line 13, leave out paragraph (c). |
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| Clause 1, page 2, line 21, at end add— |
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| | (a) | Within two months of this section coming into force, the Minister for the |
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| | Civil Service shall issue a list of all bodies and organisations that are to |
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| | be treated for the purposes of this Act as part of the Civil Service. |
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| | (b) | The Minister for the Civil Service shall from time to time review the list |
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| | referred to in (a) and shall issue an amended list if he believes it |
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| Schedule 1, page 33, line 22, leave out ‘, in exceptional cases,’. |
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| Clause 3, page 3, line 7, at end add— |
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| | ‘(6) | The Minister for the Civil Service shall delegate the appointment and approval of |
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| | senior civil servants to senior posts in the Scottish Executive to the Head of the |
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| | Home Civil Service, acting on advice of the Civil Service Commission.’. |
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| Clause 4, page 3, line 22, at end insert— |
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| | ‘(6) | The Minister for the Civil Service shall have the power to amend the Pensions |
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| Clause 7, page 4, line 22, at end insert— |
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| | ‘(2A) | The code must state that where civil servants provide advice to Ministers, they |
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| | have the right to expect that the Ministers in question will give this advice due |
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| Clause 7, page 4, line 29, at end insert ‘with a fiduciary responsibility to spend |
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| taxpayers’ money responsibly.’. |
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| Clause 8, page 4, line 33, leave out ‘special’ and insert ‘Ministerial’. |
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| Clause 8, page 4, line 35, leave out subsections (2) to (7) and insert— |
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| | ‘(2) | For this purpose, the Minister may publish separate codes of conduct covering |
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| | special advisers who serve the Scottish Executive or the Welsh Assembly |
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| | (3) | Before publishing a code (or any revision of a code) under subsection (2), the |
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| | Minister must consult the First Minister for Scotland or the First Minister for |
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| | Wales (as the case may be). |
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| | (4) | In this Chapter “special advisers code” means a code of conduct published under |
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| | this section as it is in force for the time being. |
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| | (5) | The Minister for the Civil Service must lay any special advisers code before |
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| | (6) | The First Minister for Scotland must lay before the Scottish Parliament any |
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| | special advisers code under subsection (2) that covers special advisers who serve |
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| | (7) | The First Minister for Wales must lay before the National Assembly for Wales |
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| | any special advisers code under subsection (2) that covers special advisers who |
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| | serve the Welsh Assembly Government. |
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| | (8) | A special advisers code forms part of the terms and conditions of service of any |
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| | special adviser covered by the code.’. |
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| Clause 8, page 4, line 38, leave out ‘special’ and insert ‘Ministerial’. |
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| Clause 8, page 4, line 39, at end insert— |
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| | ‘(3A) | The special advisers code must contain provision preventing a special adviser |
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| | (a) | authorising the expenditure of any public funds; |
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| | (b) | exercising any power given by or under an Act of Parliament or an Act |
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| | of the Scottish Parliament; and |
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| | (c) | exercising any management function in relation to the civil service.’. |
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| Clause 8, page 5, line 1, leave out ‘special’ and insert ‘Ministerial’. |
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| Clause 8, page 5, line 3, leave out ‘special’ and insert ‘Ministerial’. |
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| Clause 8, page 5, line 5, leave out ‘special’ and insert ‘Ministerial’. |
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| Clause 8, page 5, line 7, leave out ‘special’ and insert ‘Ministerial’. |
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| Clause 8, page 5, line 8, leave out ‘special’ and insert ‘Ministerial’. |
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| Clause 8, page 5, line 8, at end add— |
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| | ‘(8) | The Minister for the Civil Service must publish a separate code of conduct for |
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| | special advisers in the Scottish Executive after consulting the First Minister for |
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| | (9) | The First Minister for Scotland must lay the code before the Scottish Parliament.’. |
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| Clause 9, page 5, line 14, after ‘required’, insert ‘by other civil servants or |
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| Ministers of the Crown.’. |
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| Clause 9, page 5, line 25, at end insert ‘This may include a recommendation for |
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| dismissal of civil servants, or referral to the Prime Minister for Ministers of the Crown.’. |
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| Clause 9, page 5, line 31, at end insert— |
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| | (a) | The Commission may also investigate allegations of breaches of the |
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| | Code without receiving a complaint from a civil servant if it believes it |
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| | (b) | For the purposes of an investigation under (a), the civil service |
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| | management authorities and any civil servant whose conduct is believed |
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| | by the Commission to be relevant to the investigation must provide the |
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| | Commission with any information it reasonably requres. |
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| | (c) | The Commission must determine procedures for investigations under (a). |
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| | (d) | The Commission may consider and make recommendations about the |
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| | matter following an investigation under (a).’. |
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| Clause 10, page 5, line 37, at end insert ‘and to the promotion of civil servants’. |
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| Clause 10, page 5, line 38, after ‘selection’, insert ‘or promotion’. |
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| Clause 10, page 6, line 1, leave out paragraph (a). |
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| Clause 10, page 6, line 6, at end insert— |
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| | ‘(3A) | An exception under paragraph 3(a) shall only apply if— |
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| | (a) | the Secretary of State has informed the Commission of his intention to |
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| | (b) | there would be no more than three people in post who had been selected |
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| | in reliance on paragraph 3(a), were the person to be appointed.’. |
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| Clause 10, page 6, line 8, leave out from ‘servant,’ to end of line 9 and insert ‘any |
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| appointment for which the person was selected in reliance on subsection (3) shall be |
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| Clause 12, page 6, line 23, after ‘selection’, insert ‘or promotion’. |
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| Clause 12, page 6, line 27, after ‘selection’, insert ‘or promotion’. |
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| Clause 12, page 6, line 40, after ‘selection’, insert ‘or promotion’. |
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| Clause 12, page 6, line 41, after ‘selected’, insert ‘or promoted’. |
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| Clause 13, page 7, line 10, leave out ‘for an appointment’ and insert ‘or |
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| Clause 14, page 7, line 29, after ‘selection’, insert ‘and promotion’. |
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| Clause 15, page 7, line 38, leave out ‘special’ and insert ‘Ministerial’. |
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| Clause 15, page 8, line 7, leave out ‘8(7)’ and insert ‘8(8)’. |
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| Clause 15, page 8, line 14, at end insert— |
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| | ‘(e) | those terms and conditions prohibit the special adviser from undertaking |
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| Clause 15, page 8, line 22, leave out ‘8(7)’ and insert ‘8(8)’. |
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| Clause 15, page 8, line 26, at end insert— |
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| | ‘(d) | those terms and conditions prohibit the special adviser from undertaking |
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| Clause 15, page 8, line 35, leave out ‘8(7)’ and insert ‘8(8)’. |
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| Clause 15, page 8, line 38, at end insert— |
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| | ‘(d) | those terms and conditions prohibit the special adviser from undertaking |
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| Clause 15, page 8, line 38, at end insert— |
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| | ‘(1A) | A Ministerial adviser appointed to give party political advice to Ministers or to |
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| | undertake other activities otherwise inappropriate to a civil servant is to be termed |
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| | (1B) | A Ministerial adviser appointed for his professional experience to assist with |
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| | specific projects or problems is to be termed a “specialist adviser”. |
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| | (1C) | All Ministerial advisers must act only in the advisory and not an executive |
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| Clause 15, page 8, line 45, at end insert— |
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| | ‘(3) | The following are restricted duties— |
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| | (a) | authorising the expenditure of public funds; |
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| | (b) | exercising any power given by or under an Act of Parliament or an Act |
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| | of the Scottish Parliament; |
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