Constitutional Reform and Governance Act 2010

Constitutional Reform and Governance Act 2010

2010 CHAPTER 25

Commentary on Sections

Section 12: Approvals for selections and exceptions

104. Subsection (1)(a) enables the recruitment principles to specify those appointments (which are subject to the requirement in section 10 of selection on merit on the basis of fair and open competition) that require the approval of the Commission before they can be made. Subsections (2) and (3) enable the Commission to participate in the selection process for any such appointments as they see fit.

105. Subsection (1)(b) and subsection (4) enable the recruitment principles to set out exceptions to the requirement of selection on merit on the basis of fair and open competition where justified by the needs of the civil service or in the interests of enabling the civil service to participate in government employment initiatives.

106. Subsection (6) makes provision for the recruitment principles to specify the procedures and the terms and conditions for appointments made under the exceptions contained in the recruitment principles under subsection (3)(c) of section 10. Subsection (7) allows the recruitment principles to give the Commission or civil service management authorities discretion in applying aspects of the recruitment principles.