Constitutional Reform and Governance Act 2010

Commentary on Sections

Section 5: Civil service code

86.Section 5 makes provision for codes of conduct for the civil service (with the exception of the diplomatic service). Section 5 enables the Minister to publish separate codes of conduct for civil servants in the Scottish Executive or the Welsh Assembly Government after first consulting the First Ministers of Scotland and Wales on the content of the code relevant to their respective administrations. The codes published under this section will be along the lines of the existing civil service codes, covering civil servants in the UK Departments in the Civil Service, the Scottish Executive and the Welsh Assembly Government respectively. Copies of the existing codes can be viewed at the following websites:

• www.civilservice.gov.uk/about/work/codes/csmc/index.aspx ;

• www.scotland.gov.uk/Resource/Doc/923/0030759.doc ;

• www.new.wales.gov.uk/humanresources/publications/civilservicecode/codee.pdf?lang=en

87.There is no Parliamentary procedure attached to the obligation in subsection (5) for the Minister for the Civil Service to lay the code before Parliament. The First Ministers of Scotland and Wales are also required to lay the code relevant to their administration before the Scottish Parliament and National Assembly for Wales respectively. Under subsection (8) the applicable code or codes form part of a civil servant’s terms and conditions.