Constitutional Reform and Governance Act 2010

Prospective

9Conduct that conflicts with a code of conduct: complaints by civil servantsE+W+S+N.I.
This sectionnoteType=Explanatory Notes has no associated

(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.