Constitutional Reform and Governance Act 2010

Appointment of Civil Service Commissioners

3 (1) This paragraph is about the appointment of Civil Service Commissioners (“Commissioners”).

(2) A Commissioner is appointed by Her Majesty on the recommendation of the Minister for the Civil Service.

(3) A person’s selection for recommendation must be on merit on the basis of fair and open competition.

(4) A person must not be selected without the agreement of the First Commissioner.

(5) The terms on which a Commissioner holds office are determined by the Minister.

(6) The period of the appointment is to be no more than five years.

(7) The Minister must not make a determination under sub-paragraph (5) without the agreement of the First Commissioner.

(8) A person cannot be appointed as a Commissioner more than once.

(9) A person cannot be a Commissioner and the First Commissioner at the same time.

(10) But, if the office of First Commissioner is vacant, the Minister may authorise a Commissioner to carry out the functions of First Commissioner until the vacancy is filled.

(11) Sub-paragraphs (12) and (13) apply in relation to the appointment as Commissioner of a person holding another public office (including an office under the Crown) if the Minister and the First Commissioner are both satisfied that the functions of the other public office are concerned with matters similar to matters with which the Commission’s functions are concerned.

(12) The Minister and the First Commissioner may agree to disapply sub-paragraph (3) or (6).

(13) The terms determined under sub-paragraph (5) may—

(a) provide for the person to cease to hold office as Commissioner if the person ceases to hold the other public office;

(b) restrict the functions that the person may carry out as Commissioner.