Constitutional Reform and Governance Act 2010

12 Approvals for selections and exceptions

(1) The recruitment principles may include provision—

(a) requiring the Commission’s approval to be obtained for a selection which is subject to the requirement in section 10(2);

(b) excepting a selection from that requirement for the purposes of section 10(3)(c).

(2) The Commission may participate in the process for a selection for which its approval is required by provision within subsection (1)(a).

(3) It is up to the Commission to decide how it will participate.

(4) Provision within subsection (1)(b) may be included only if the Commission is satisfied—

(a) that the provision is justified by the needs of the civil service, or

(b) that the provision is needed to enable the civil service to participate in a government employment initiative that major employers in the United Kingdom (or a part of the United Kingdom) have been asked to participate in.

(5) Provision within subsection (1)(a) or (b) may be made in any way, including (for example) by reference to—

(a) particular appointments or descriptions of appointments;

(b) the circumstances in which a selection is made;

(c) the circumstances of the person to be selected;

(d) the purpose of the requirement to obtain approval or the purpose of the exception.

(6) Provision within subsection (1)(b) may also (for example)—

(a) deal with the way in which selections made in reliance on section 10(3)(c) are to be made;

(b) specify terms and conditions that must be included in the terms and conditions of an appointment resulting from a selection made in reliance on section 10(3)(c).

(7) Provision within subsection (1)(a) or (b) may confer discretions on the Commission or civil service management authorities.