Constitutional Reform and Governance Act 2010

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 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

(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).

(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.

(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;

(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.