Constitutional Reform and Governance Act 2010

Appointment of First Civil Service Commissioner

2 (1) This paragraph is about the appointment of the First Civil Service Commissioner (“First Commissioner”).

(2) The First 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) Before selecting a person, the Minister must consult—

(a) the First Ministers for Scotland and Wales, and

(b) the relevant opposition leaders (see sub-paragraph (8)).

(5) The terms on which the First Commissioner holds office are determined by the Minister for the Civil Service.

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

(7) A person cannot be appointed as First Commissioner more than once.

(8) The relevant opposition leaders are the registered leaders of the registered parties in opposition to Her Majesty’s Government in the United Kingdom which had the highest and second highest national vote at the previous parliamentary general election.

(9) In sub-paragraph (8)—

• “registered leader”, in relation to a party, means the person registered as that party’s leader in accordance with section 24 of the Political Parties, Elections and Referendums Act 2000;

• “registered party” means a party registered in a register of political parties maintained by the Electoral Commission in accordance with section 23 of that Act.