Constitutional Reform and Governance Act 2010

Special advisers

15 Definition of “special adviser”

(1) In this Chapter “special adviser” means a person (“P”) who holds a position in the civil service serving an administration mentioned below and whose appointment to that position meets the applicable requirements set out below.

Her Majesty’s Government in the United Kingdom

The requirements are—

(a) P is appointed to assist a Minister of the Crown after being selected for the appointment by that Minister personally;

(b) the appointment is approved by the Prime Minister;

(c) the terms and conditions of the appointment (apart from those by virtue of section 8(11)) are approved by the Minister for the Civil Service;

(d) those terms and conditions provide for the appointment to end not later than—

(i) when the person who selected P ceases to hold the ministerial office in relation to which P was appointed to assist that person, or

(ii) if earlier, the end of the day after the day of the poll at the first parliamentary general election following the appointment.

Scottish Executive

The requirements are—

(a) P is appointed to assist the Scottish Ministers (or one or more of the ministers mentioned in section 44(1)(a) and (b) of the Scotland Act 1998) after being selected for the appointment by the First Minister for Scotland personally;

(b) the terms and conditions of the appointment (apart from those by virtue of section 8(11)) are approved by the Minister for the Civil Service;

(c) those terms and conditions provide for the appointment to end not later than when the person who selected P ceases to hold office as First Minister.

The reference above to the Scottish Ministers excludes the Lord Advocate and the Solicitor General for Scotland.

Welsh Assembly Government

The requirements are—

(a) P is appointed to assist the Welsh Ministers (or one or more of the ministers mentioned in section 45(1)(a) and (b) of the Government of Wales Act 2006) after being selected for the appointment by the First Minister for Wales personally;

(b) the terms and conditions of the appointment (apart from those by virtue of section 8(11)) are approved by the Minister for the Civil Service;

(c) those terms and conditions provide for the appointment to end not later than when the person who selected P ceases to hold office as First Minister.

(2) In subsection (1), in relation to an appointment for which the selection is made personally by a person designated under section 45(4) of the Scotland Act 1998 or section 46(5) of the Government of Wales Act 2006, the reference to the person who selected P ceasing to hold office as First Minister for Scotland or Wales (as the case may be) is to be read as a reference to the designated person ceasing to be able to exercise the functions of the First Minister by virtue of the designation.

16 Annual reports about special advisers

(1) The Minister for the Civil Service must—

(a) prepare an annual report about special advisers serving Her Majesty’s Government in the United Kingdom, and

(b) lay the report before Parliament.

(2) The First Minister for Scotland must—

(a) prepare an annual report about special advisers serving the Scottish Executive, and

(b) lay the report before the Scottish Parliament.

(3) The First Minister for Wales must—

(a) prepare an annual report about special advisers serving the Welsh Assembly Government, and

(b) lay the report before the National Assembly for Wales.

(4) A report under this section must contain information about the number and cost of the special advisers.