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Constitutional Reform and Governance Act 2010

Part 4: Other transitional provision

125.Paragraphs 38 and 39 preserve actions done under existing prerogative powers including decisions to appoint civil servants who will continue to hold their positions under the new power contained in section 3.

126.Paragraph 40 provides for the parts of the civil service of the State expressly excluded from the provisions in Chapter 1 of Part 1 to be managed under existing prerogative powers and preserves the positions of those civil servants.

127.Paragraphs 41 and 42 provide that any persons appointed under an exception to the principle of selection on merit following fair and open competition permitted by the old Commission are not to be treated as civil servants unless the Commission provides otherwise in the recruitment principles.

128.Paragraph 43 makes transitional provision in relation to special advisers appointed before this paragraph comes into force.

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