Constitutional Reform and Governance Act 2010 Explanatory Notes

Constitutional Reform and Governance Act 2010

2010 CHAPTER 25

Commentary on Sections

Section 9: Conduct that conflicts with a code of conduct: complaints by civil servants

95.Section 9 makes provision for civil servants to complain to the Civil Service Commission about alleged breaches of the civil service and diplomatic codes.

96.Subsection (4) provides for the codes to include information on the steps a civil servant must take before making a complaint. It is expected that these will reflect the procedures already set out in the existing code.

97.Subsection (5) requires the Civil Service Commission to establish procedures for complaints under subsection (2). It requires the Civil Service Commission to consider complaints in accordance with the procedures established by the Commission and allows for the Commission to make recommendations about how the complaint should be resolved.

98.Subsection (6) provides that the Commission can require information from the civil service management authority, the civil servant who brought the complaint and any other civil servant whose conduct is involved in the complaint where that is reasonably required to enable the Commission to investigate the complaint.

Part 1: the Civil Service

Chapter 1
Section 2: Establishment of the Civil Service Commission

60.Subsection (1) gives effect to Schedule 1, which establishes the Civil Service Commission as a body corporate with legal personality.

61.Subsections (3) and (4) set out the main function of the Commission. This concerns recruitment to the Civil Service, covered in sections 11 to 14. Reference is also made to the Commission’s other functions concerning complaints to the Commission under the civil service and diplomatic service codes of conduct (section 9).

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