2—(1) Subject to subsection (2) and section 3, a person is not eligible for appointment as a special adviser if the person has a serious criminal conviction.
(2) Where a Minister proposes to appoint as a special adviser a person who has a serious criminal conviction, that person may refer the proposed appointment to the Department of Finance and Personnel.
(3) Where a person who holds an appointment as a special adviser incurs a serious criminal conviction, that person's appointment terminates immediately by virtue of this Act.
(4) Where on the date of coming into operation of this subsection a person—
(a)holds an appointment as a special adviser, and
(b)has before that date incurred a serious criminal conviction,
that person's appointment terminates immediately by virtue of this Act.
(5) But a person to whom subsection (4) will apply may refer the appointment to the Department, within 21 days of this subsection coming into operation.
(6) A Minister must inform the Department in writing whether any special adviser appointed by the Minister has a serious criminal conviction.
Commencement Information
I1S. 2 wholly in operation at 8.9.2013; s. 2(5) in operation at Royal Assent see s. 12(1); s. 2(6) in operation at 8.8.2013 see s. 12(2); s. 2(1)-(4) in operation at 8.9.2013 see s. 12(3)