PART II
THE EXECUTIVE
7 The
Executive Power
(1) The executive power for the United Kingdom
is vested in, and, subject to this Constitution, shall be exercised
by, the Government of the United Kingdom.
(2) There is established by this Constitution
a Government for the United Kingdom, which shall comprise -
(a) the Prime Minister; and
(b) the members of Parliament appointed as the
Ministers of the Government.
(3) The Government has all the rights, powers
and capacities of a person of full age and capacity, in addition
to the rights, powers and capacities conferred by this Constitution
and by or under Act of Parliament, subject to the terms of this
Constitution, any Act of Parliament, and the judicial principles
of public law.
(4) The Government may act through the Cabinet,
the appropriate Minister or any member of the public service for
the United Kingdom duly authorised by the Cabinet or a Minister.
8 The
Office of Prime Minister
(1) There is established by this Constitution
the office of Prime Minister, who serves as the Head of Government
of the United Kingdom.
Appointment and Dismissal
(2) The Prime Minister shall be elected by the
House of Commons from among its members[824]
and is appointed by the Head of State in accordance with Article
4(12)(i).
(3) The Prime Minister ceases to hold office
-
(a) if he or she ceases to be a member of the
House of Commons; or
(b) on the receipt by the Head of State of a
letter of resignation from the Prime Minister; or
(c) when a new election to the office is completed;
or
(d) if a motion of no confidence in the Prime
Minister is passed by a majority of all the members of the House
of Commons, or a motion for the confidence of the House of Commons
in the Prime Minister defaults.
Role, Functions, and Responsibilities
(4) The roles, functions, and responsibilities
of the Prime Minister shall include the following:
(a) to act as Chair of Cabinet proceedings, consistent
with Article 9(6) and (7);
(b) to make recommendations on Cabinet and other
ministerial appointments, in accordance with Article 9, and determine
the departmental responsibilities of ministers;
(c) to oversee the execution of the policies
of the government of the United Kingdom with and through the appropriate
Secretary of State or other head of government department;
(d) to formulate and manage the government's
legislative programme in Parliament, with the appropriate ministers;
(e) to communicate the policies of the government
of the United Kingdom to Parliament, the media, and the people
of the country;
(f) to participate in, and be held to account
by, the House of Commons for the performance of his public duties,
under procedures provided for in Standing Orders;
(g) to be responsible for ministerial conduct
and to prepare a Ministerial Code, in accordance with Articles
10 and 11;
(h) to appoint the permanent heads in the public
service, including (without limitation) the central government
departments of state, the Security Services, and, in collaboration
with the appropriate Secretary of State, in the Diplomatic Service
and Armed Forces;
(i) working with Cabinet, to determine the level
and application of taxation within the United Kingdom and the
objects of public spending, acting with and through the Chancellor
of the Exchequer;
(j) working with Cabinet, to determine the use
the armed forces in armed conflict abroad or their deployment
within the state, in accordance with Articles 47 and 48;
(k) working with Cabinet, to promote international
co-operation and enter into treaties beneficial to the people
of the United Kingdom, in accordance with Article 29;
(l) to recommend appointments to honours for
outstanding public service, other than those in the personal gift
of the Head of State; and
(m) to perform such other roles, functions and
duties as may be provided for in law and by this Constitution.
Deputy Prime Minister
(5) The Prime Minister may appoint a Deputy Prime
Minister from among the members of the Cabinet who are members
of the House of Commons, who shall perform the functions of the
Prime Minister when the Prime Minister is for any reason unable
to perform them or the office of Prime Minister is vacant.
9 Ministers
and the Cabinet
(1) Government ministers shall be appointed by
the Head of State, acting on the advice of the Prime Minister,
from among members of Parliament.
(2) The names and numbers of ministers shall
be as determined by the Prime Minister from time to time, provide
that -
(a) the number of ministers with seats in the
House of Commons does not exceed 15 per cent of the total membership
of the House;[825]
(b) the number of ministers with seats in the
Second Chamber does not exceed 20;
(c) the Ministers shall include among them -
(i) a Chancellor of the Exchequer having responsibility
for national finance,
(ii) a Minister of Justice having responsibility
for courts and legal services, and
(iii) a Minister having responsibility for international
relations,
each of whom shall be appointed from among the members
of the House of Commons.
(3) A Minister shall be responsible for the conduct
of such business of government and for the administration of,
or within, such department of government as the Prime Minister
assigns to the Minister.
(4) A Minister ceases to hold office -
(a) if he or she ceases to be a member of a House
of Parliament for any reason other than the expiry or dissolution
of the House; or
(b) if removed from office by the Head of State,
acting on the advice of the Prime Minister; or
(c) on the receipt by the Prime Minister of a
letter of resignation from the Minister; or
(d) when a new election to the office of Prime
Minister is completed.
(5) There is established by this Constitution
a Cabinet which consists of -
(a) the Prime Minister;
(b) the Chancellor of the Exchequer;
(c) the Minister of Justice;
(d) the Minister responsible for international
relations;
(e) such other Ministers as the Prime Minister
appoints, provided that the total membership of the Cabinet does
not exceed 20.
(6) The Cabinet has the general direction and
control of the government of the United Kingdom, and is collectively
responsible to Parliament for the performance by the Government
of its functions.
(7) The Cabinet may appoint such committees as
it considers necessary, or are required, to assist the Cabinet
in the discharge of its responsibilities; and the purpose, membership,
terms of reference and duration of the committees shall be reported
to Parliament by the Prime Minister.
10 Ministerial
Responsibilities
(1) The Prime Minister shall keep Parliament
and the Head of State fully informed about all matters pertaining
to the conduct of government.
(2) A Minister shall -
(a) exercise general direction and control over
all matters within the area of responsibility assigned to that
Minister; and
(b) render a full and regular account to Parliament
and its committees concerning those matters.
(3) Minister shall lay before Parliament a full
description of the responsibilities assigned to the Minister as
soon as practicable after appointment, and indicate with reasons
any matter concerning which the Minister may be unwilling to give
a full account to Parliament; providing that a Minister shall
inform Parliament of any significant change in those responsibilities
or with respect to any matter for which the Minister may be unwilling
to give such an account as soon as practicable following such
changes.
11 Ministers
and Ministerial Conduct
(1) The Prime Minister shall lay before Parliament
a Code of Conduct for Ministers.
(2) The Code, and any amendments to the Code,
shall take effect when approved by resolutions of both Houses
of Parliament, and is binding on all Ministers.
(3) An Integrity Committee shall be established
by the Commission for Democracy, as provided for in Article 51,
from among its members who are members of Parliament, with the
Chairman of the Commission for Democracy serving as Chairman of
the Integrity Committee, in order to investigate any alleged breach
of the Code of Conduct by a Minister.
(4) The Integrity Committee -
(a) may investigate the propriety of the conduct
as a Minister of any person who is or has at any time been a Minister,
whether of its own initiative or on a reference by either House
of Parliament or by a committee of either House;
(b) for that purpose, has all the powers of a
inquiry appointed under the Inquiries Act 2005;
(c) shall lay before the House of Parliament
of which the person under investigation is or was a member at
the time of the conduct investigated, and shall publish, the report
of its findings.
(5) The House of Parliament before which a report
is laid under paragraph (4)(iii) shall consider that report within
60 days after it has been laid.
12 The
Law Officers
Attorney-General
(1) There is established by this Constitution
the office of Attorney-General, who shall be appointed by the
Prime Minister from among persons who -
(a) are not members of Parliament;[826]
and
(b) have rights of audience, or are entitled
to conduct litigation, in the superior courts of any part of the
United Kingdom.
(2) An Act of Parliament shall provide for the
conditions of service in respect of the office, subject always
to the Attorney-General ceasing to hold office -
(a) if he or she ceases to have a qualification
for appointment to the office; or
(b) if removed from office by the Prime Minister;
or
(c) on the receipt by the Prime Minister of a
letter of resignation from the Attorney-General; or
(d) when a new election to the office of Prime
Minister is completed.
(4) The Attorney-General -
(a) is the principal legal adviser to the Government;
and
(b) has responsibility, on behalf of the Government,
with respect to the conduct of litigation to which the Government
is a party.
(5) The Attorney-General shall attend, but shall
not vote at, meetings of the Cabinet.
Director of Public Prosecutions
(6) There is established by this Constitution
within the Ministry of Justice the office of Director of Public
Prosecutions; and an Act of the Scottish Parliament shall establish
and make provision with respect to an office for Scotland with
equivalent powers; and an Act of the Assembly for Wales shall
establish and make provision with respect to an office for Northern
Ireland with equivalent powers.
(7) The Director of Public Prosecutions shall
be appointed by the Minister of Justice, acting in accordance
with the recommendation of the Judicial Services Commission for
England and Wales, from persons having rights of audience in the
superior courts of the United Kingdom.
(8) The holders of the offices established by
or under paragraph (6) have the same tenure as a judge under Article
44(4)-(5) and the provisions of Article 44(6)(a) with respect
to the removal of judges apply as if those office-holders were
judges.
(9) The Director of Public Prosecutions has the
power, where the Director considers it in the public interest,
-
(a) to institute and undertake criminal proceedings
before any United Kingdom court or any court in England or Wales
(other than a court trying offences by members of the Armed Forces);
(b) to consent or refuse consent to the institution
of any such proceedings for which the consent of the Director
is required by law;
(c) to take over and continue any such criminal
proceedings instituted by another person or authority;
(d) to discontinue, at any stage before a decision
is announced, any such criminal proceedings (other than an appeal
by the person convicted), whether instituted or undertaken by
the Director or by another person or authority.
(10) The powers in paragraph (9) are vested in
the Director of Public Prosecutions to the exclusion of any other
person or authority, and are not subject to the direction or control
of any other person or authority, but before exercising the power
of consent under paragraph (9)(b) the Director shall consult the
Attorney-General.
(11) The powers of the Director of Public Prosecutions
under paragraph (9) may be exercised by the Director personally
or through other persons, who shall act in accordance with any
general or specific instructions of the Director.
Director of Civil Proceedings
(12) There is established by this Constitution
within the Ministry of Justice the office of Director of Civil
Proceedings; and an Act of the Scottish Parliament shall establish
and make provision with respect to an office for Scotland with
equivalent powers; and an Act of the Northern Ireland Assembly
shall establish and make provision with respect to an office for
Northern Ireland with equivalent powers.
(13) The Director of Civil Proceedings shall
be appointed by the Minister of Justice, acting in accordance
with the recommendation of the Judicial Services Commission for
England and Wales, from persons having rights of audience in the
superior courts of the United Kingdom.
(14) The holders of the offices established by
or under this Article have the same tenure as a judge under Article
44(4)-(5) and the provisions of Article 44(6)(a) with respect
to the removal of judges apply as if those office-holders were
judges.
(15) The Director of Civil Proceedings has the
power, where the Director considers it in the public interest,
-
(a) to institute and, with the leave of the court,
to intervene in, civil proceedings before any United Kingdom court
or any court in England or Wales, and in particular, any proceedings
(i) in connection with any contravention of the
Bill of Rights or other provisions of this Constitution;
or
(ii) as a result of which the compliance of the
United Kingdom with obligations under the law of the European
Union or under treaty may come in issue;
(iii) for judicial review;
which, in the opinion of the Director, give rise
to issues of public importance;
(b) to consent or refuse consent to the institution
of any proceedings for which the consent of the Director is required
by law.
(16) The power in paragraph (15) is vested in
the Director of Civil Proceedings to the exclusion of any other
person or authority, and are not subject to the direction or control
of any other person or authority, but before exercising the power
of consent under paragraph (15)(b), the Director shall consult
the Attorney-General.
(17) The powers of the Director of Civil Proceedings
under paragraph (15) may be exercised by the Director personally
or through other persons, who shall act in accordance with any
general or specific instructions of the Director.
13 The
Public Services
(1) There is established by this Constitution
(a) a public service under the Government of the United Kingdom;
(b) a public service under the Executives for Scotland, Wales
and Northern Ireland; and (c) a public service under each local
authority.
Constitutional Principles
(2) The first duty of each public service, and
of every person appointed to a public service, is to the Constitution.
(3) Every public service shall be politically
neutral and impartial.[827]
(4) Appointment in every public service shall
be on the basis of merit only.
Public Services Commission
(5) There shall be a Public Services Commission
for the United Kingdom, consisting of a Chief Commissioner and
such number of other Commissioners, not being fewer than twelve,
as an Act of Parliament shall prescribe.
(6) The Chief Commissioner and the Commissioners
shall be appointed by the Head of State, on the recommendation
of such Select Committee as the House of Commons shall designate
for the purpose, which shall make its selection from nominations
made by the Minister having responsibility for the public service.
(7) No person may be appointed as a Commissioner
who is a member of, or candidate for election to either House
of Parliament, the European Parliament, a devolved Parliament
or Assembly or a local authority.
(8) A Commissioner ceases to hold office -
(a) at the expiry of 5 years from the date of
appointment (which may be renewed); or
(b) upon the Commissioner attaining the age of
65 years; or
(c) on receipt by the Minister having responsibility
for the public service of a letter of resignation from the Commissioner;
or
(d) if the Commissioner is removed from office
by the Head of State, upon grounds of misconduct or incapacity,
acting in accordance with a resolution of the House of Commons;
or
(e) if the Commissioner becomes a candidate for
election to either House of Parliament, the European Parliament,
a devolved Parliament or Assembly or a local authority.
(9) Commissioners shall receive salaries, and
office and administrative facilities, appropriate to the full-time
performance of their responsibilities.
Functions of the Public Services Commission
(10) The Public Services Commission has the duty
-
(a) to prepare, and from time to time amend,
a Code of Professional Conduct for the public services;
(b) to prepare, from time to time, regulations
with respect to -
(i) the methods of recruitment to any public
service;
(ii) the terms and conditions of employment or
appointment in any public service;
(iii) the principles and procedures governing
promotion and transfer within the public services;
(iv) vetting of officers in the public services
for security purposes;
(v) procedures for the discipline of officers
in any public service;
(vi) procedures for the hearing and settlement
of the grievances of officers in any public service; and
(vii) removal from office of officers in any
public service.
(11) The Public Services Commission shall adopt
procedures for the identification of candidates for appointment
to any public service which will ensure, so far as practicable,
that adequate numbers of candidates of both sexes and from diverse
racial, religious and social backgrounds are considered for appointment.
(12) The Public Services Commission shall prepare
regulations governing appointments to, and tenure of office in,
the public services under the Executives for Scotland, Wales and
Northern Ireland and local authorities.
(13) Appointments to national organisations outside
government departments and the public service that perform a public
service, and are financed out of public funds, are to be made
by the Head of State acting on the advice of the Public Services
Commission.
(14) The Public Services Commission shall establish
a Public Services Complaints Commission for the purpose of investigating
complaints, including complaints by officers in a public service,
concerning -
(a) breaches or failures to comply with the Code
of Professional Conduct or of the regulations governing a public
service;
(b) malversation of a public service;
(c) improper conduct towards an officer in a
public service by a Minister, a member of an Executive or an elected
member of a local authority;
and to report its findings and any recommendations
to the Public Services Commission and to Parliament.
(15) No public servant shall suffer any detriment
for disclosing information to the Public Services Complaints Commission
for the purpose of protecting the Constitution or for making a
complaint.
Miscellaneous
(16) Nothing in this Article prevents a Minister
from appointing a person to the public service under the Government
as a personal adviser to the Minister; and any such person shall
hold office during the Minister's pleasure and on such terms as
the Minister shall determine with the consent of the Public Services
Commission.
(17) Acts of Parliament shall provide for procedures
whereby executive agencies under the Government are held accountable
to Parliament.
14 National
Finance
The Public Funds of State
(1) There shall be a Consolidated Fund and a
National Loans Fund for the United Kingdom, and all revenues or
other sums raised or received for the purposes of the government
of the United Kingdom shall be paid into the Consolidated Fund,
except revenues or other sums raised or received which, under
this Constitution or another law, are payable into the National
Loans Fund or another public fund established for a specific purpose.
(2) No sums shall be withdrawn from the Consolidated
Fund except -
(a) to meet expenditure that is charged upon
the Consolidated Fund by this Constitution or another law; or
(b) where the issue of the sums has been authorised
by an Appropriation Act or under this Constitution.
(3) All public funds, other than the Consolidated
Fund and the National Loans Fund, shall be established and authorised
by Act of Parliament; and no sums shall be withdrawn from the
National Loans Fund or any public fund so established, unless
the issue of those sums has been authorised by or under an Act
of Parliament.
(4) The public debt of the United Kingdom shall
be a charge upon the Consolidated Fund, the National Loans Fund
and such other public funds as may be established in accordance
with paragraph (3); and the expression 'public debt' for this
purpose includes interest on that debt, the repayment of that
debt, charges in respect of public funds, and all expenditure,
costs, and charges in connection with the management of that debt.
(5) An Act of Parliament may provide for the
establishment of a Contingencies Fund, and authorise the Chancellor
of the Exchequer to make advances from that Fund to meet any urgent
and unforeseen need for expenditure for which no other provision
exists.
(a) Where an advance is made from the Contingencies
Fund, a supplementary estimate shall be presented and a supplementary
Appropriation Bill shall be introduced as soon as possible for
the purpose of replacing the amount so advanced.
(b) The Treasury shall authorise the necessary
arrangements for the accounting of all moneys authorised to be
paid out of the Contingencies Fund.
Government Expenditure
(6) The Chancellor of the Exchequer shall cause
to be prepared and laid before the House of Commons in each financial
year estimates of the revenues and expenditure of the United Kingdom
for the next following financial year; and the estimates of expenditure
shall show separately -
(a) the total sums required to meet expenditure
charged on the Consolidated Fund; and
(b) the sums required to meet other expenditure.
(7) When the estimates of expenditure have been
approved by the House of Commons, a public Bill known as an Appropriation
Bill shall be introduced into the House of Commons, which shall
provide for the issue from the Consolidated Fund of the sums (other
than sums charged on the Consolidated Fund) necessary to meet
that expenditure and for the appropriation of those sums for the
purposes specified therein.
(8) If, in respect of any financial year, it
is found that -
(a) the sum appropriated by the Appropriation
Act for any purpose is insufficient; or
(b) a need has arisen for expenditure for a purpose
for which no amount has been appropriated by the Act; or
(c) sums have been expended for any purpose in
excess of the amount appropriated for the purpose by the Appropriation
Act,
a supplementary estimate showing the sums required
or spent shall be laid before the House of Commons, and a supplementary
Appropriation Bill shall be introduced into the House.
(9) If the Appropriation Act for any financial
year has not come into force, or is not likely to come into force
by the beginning of that financial year, the House of Commons
may, by a vote, authorise the withdrawal from the Consolidated
Fund of such sums as are considered necessary to carry on the
government of the United Kingdom until the expiry of four months
after the beginning of that financial year or the coming into
force of the Act, whichever is the earlier.
(10) The department of state responsible for
national finance shall make appropriate arrangements, including
virement, for the authorisation of supply to ensure that all money
shall be appropriated by Act of Parliament in accordance with
this Constitution.
Taxation and the Budget
(11) No revenue may be raised except under the
authority of an Act of Parliament.
(12) In each financial year, the Chancellor of
the Exchequer shall prepare a comprehensive budget for the United
Kingdom, which shall include proposals with respect to the raising
of revenue for following financial year; and the Chancellor of
the Exchequer shall present the budget, when approved by the Cabinet,
to the House of Commons.
(13) Nothing in this Article prevents the Chancellor
of the Exchequer during a financial year from presenting supplementary
budgets, when so approved, to the House of Commons for the purpose
of raising additional revenue for that year.
National Audit
(14) There shall be an office of Comptroller
and Auditor General whose functions are to audit the public accounts
of the United Kingdom and of all officers and authorities of the
Government, and report to Parliament thereon.
(15) An Act of Parliament shall -
(a) provide for the appointment, tenure of office
and conditions of service of the Comptroller and Auditor General,
who shall be an officer of the House of Commons; and perform the
functions set out in this Article and such additional functions
as the Act of Parliament may prescribe; and
(b) provide the Comptroller and Auditor General
with the means of access to all books, records, reports and other
documents relating to those accounts.
824 Procedurally this would be by way of motion presented
to the House and supported by a majority of members, unless the
Commons decided to draw up a new Standing Order with special procedures
for electing the Prime Minister. Back
825
This maximum figure follows the recommendation of the House of
Commons Public Administration Committee, Too Many Ministers?,
2009-10, HC 457 and evidence given to the Committee by the former
Prime Minister John Major. Back
826
This disqualification is supported by Richard Gordon QC in his
blueprint for constitutional change: see Repairing British
Politics (2010), p. 84; and for discussion see House of Lords
Constitution Committee, Reform of the Office of Attorney-General,
2007-08, HL 93. Back
827
A definition and explanation of impartiality for staff working
in the public services will be covered by the Code provided for
in paragraph (10) below, and would be similar in nature to that
provided in the present Civil Service Code, clause 14-15, issued
under the Constitutional Reform and Governance Act 2010. Back
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