Constitutional Reform and Governance Act 2010
| Jurisdiction | UK Non-devolved |
| Citation | 2010 c. 25 |
| Year | 2010 |
Constitutional Reform and Governance Act 2010
2010 CHAPTER 25
An Act to make provision relating to the civil service of the State; to make provision in relation to section 3 of the Act of Settlement; to make provision relating to the ratification of treaties; to make provision relating to the counting of votes in parliamentary elections; to amend the Parliamentary Standards Act 2009 and the European Parliament (Pay and Pensions) Act 1979 and to make provision relating to pensions for members of the House of Commons, Ministers and other office holders; to make provision for treating members of the House of Commons and members of the House of Lords as resident, ordinarily resident and domiciled in the United Kingdom for taxation purposes; to amend the Government Resources and Accounts Act 2000 and to make corresponding provision in relation to Wales; to amend the Public Records Act 1958 and the Freedom of Information Act 2000.
[8th April 2010]
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
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-
(a) the Secret Intelligence Service;
(b) the Security Service;
(c) the Government Communications Headquarters;
(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 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);
(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 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);
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").
(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 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
(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.
(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 leaving the civil service), or
(b) the conditions on which a civil servant may retire.
(6) In exercising his power to manage the civil service, the Minister for the Civil Service shall have regard to the need to ensure that civil servants who advise Ministers are aware of the constitutional significance of Parliament and of the conventions governing the relationship between Parliament and Her Majesty's Government.
4 Other statutory management powers
(1) All statutory management powers in effect when section 3 comes into force continue to have effect.
(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).
(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 the Superannuation Act 1965 or the Superannuation Act 1972 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 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 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 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.
(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.
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.
(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 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 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;
(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 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) For this purpose, the Minister may publish separate codes of conduct covering special advisers 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 Minister must consult the First Minister for Scotland or the First Minister for Wales (as the case may be).
(4) In this Chapter "special advisers code" means a code of conduct published under this section as it is in force for the time being.
(5) Subject to subsection (6) , a special advisers code must provide that a special adviser may not-
(a) authorise the expenditure of public funds;
(b) exercise any power in relation to the management of any part of the civil service of the State;
(c) otherwise exercise any power conferred by or under this or any other Act or any power under Her Majesty's...
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