Part 1

The civil service
CHAPTER 1

Statutory basis for management of the civil service

Codes of conduct

Special advisers code
8
1
The Minister for the Civil Service must publish a code of conduct for special advisers (see section 15).
2
For this purpose, the Minister may publish separate codes of conduct covering special advisers who serve the Scottish Executive or the Welsh Assembly Government.
3
Before publishing a code (or any revision of a code) under subsection (2), the Minister must consult the First Minister for Scotland or the First Minister for Wales (as the case may be).
4
In this Chapter “special advisers code” means a code of conduct published under this section as it is in force for the time being.
5
Subject to subsection (6), a special advisers code must provide that a special adviser may not—
a
authorise the expenditure of public funds;
b
exercise any power in relation to the management of any part of the civil service of the State;
c
otherwise exercise any power conferred by or under this or any other Act or any power under Her Majesty's prerogative.
6
A special advisers code may permit a special adviser to exercise any power within subsection (5)(b) in relation to another special adviser.
7
In subsection (5)(c) “Act” includes—
a
an Act of the Scottish Parliament;
b
an Act or Measure of the National Assembly for Wales;
c
Northern Ireland legislation.
8
The Minister for the Civil Service must lay any special advisers code before Parliament.
9
The First Minister for Scotland must lay before the Scottish Parliament any special advisers code under subsection (2) that covers special advisers who serve the Scottish Executive.
10
The First Minister for Wales must lay before the National Assembly for Wales any special advisers code under subsection (2) that covers special advisers who serve the Welsh Assembly Government.
11
A special advisers code forms part of the terms and conditions of service of any special adviser covered by the code.
S. 8 in force at 11.11.2010 by S.I. 2010/2703, art. 2(a)