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CIVIL SERVICE MANAGEMENT CODE
INTRODUCTIONAnnex A: Civil Service Order in Council 1995
CHAPTER 1 TAKING UP APPOINTMENT
Section 1.1 Recruitment
Annex A: Civil Service Commissioners Recruitment Code
Annex B: Civil Service Nationality Rules
Section 1.2 Working Arrangements
Section 1.3 Probation
Section 1.4 Letters of Appointment and Information on
Pensions
Section 1.5 Fast Stream Development Programme
Section 1.6 Appointment and Management of Specialists
Section 1.7 Re-appointment: Reinstatement and Re-employment
Section 1.8 Conditional (Health) Appointments
CHAPTER 2 EQUAL OPPORTUNITIES IN THE CIVIL SERVICESection 2.1
Policy
CHAPTER 3 HEALTH AND SAFETY AT WORK
Section 3.1 Health and Safety
Section 3.2 Civil Service Occupational Health and Safety
Agency
CHAPTER 4 CONDUCT AND DISCIPLINE
Section 4.1 Conduct: General Principles and Rules
Annex A: Civil Service Code
Section 4.2 Conduct: Confidentiality and Official
Information
Section 4.3 Conduct: Standards of Propriety
Annex A: Rules on the Acceptance of Outside Appointments by
Crown Servants
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Annex B: Guidance for Departments and Agencies on the Rules on
theAcceptance of Outside Appointments by Crown Servants
Section 4.4 Conduct: Political Activities
Annex A: Guidelines and Principles on Participation in Political
Activities
Section 4.5 Discipline: Rules and Code of Practice
Annex A: Recovery of Losses to Public Funds
CHAPTER 5 THE SENIOR CIVIL SERVICE
Section 5.1 General
Section 5.2 The SASC Group
Section 5.3 Senior Civil Service Terms and Conditions
CHAPTER 6 MANAGEMENT AND DEVELOPMENT
Section 6.1 Grading and Classification of Staff
Section 6.2 Personal Review
Section 6.3 Poor performance: Inefficiency and Limited
Efficiency
Section 6.4 Promotion
CHAPTER 7 PAY AND ALLOWANCES
Section 7.1 Remuneration of Staff
Annex A: Senior Civil Service Pay Framework
Annex B: Allowances for Members of the Senior Civil Service
Section 7.2 Advances of Pay
Section 7.3 Voluntary Deductions from Pay
Section 7.4 Rent for Government-Owned Properties
CHAPTER 8 EXPENSES
Section 8.1 Reimbursement of Expenses
Section 8.2 Travel
Section 8.3 Relocation
Section 8.4 Compensation for Loss or Damage to Personal
Property
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Section 8.5 Concessionary Arrangements for Staff Working in
Northern Ireland
Section 8.6 Overseas Expenses
CHAPTER 9 HOURS, HOLIDAYS AND ATTENDANCE
Section 9.1 Hours of Work
Section 9.2 Holidays and Attendance
Section 9.3 Maternity Arrangements
Section 9.4 Attendance during National Emergencies
Section 9.5 Sick Absence
Section 9.6 Injury, Disease or Assault at Work
CHAPTER 10 STAFF MOVEMENT AND REDEPLOYMENT
Section 10.1 Mobility
Section 10.2 Transfer of Staff between Departments and
Agencies
Section 10.3 Secondment
Section 10.4 Service with the European Institutions
CHAPTER 11 LEAVING THE CIVIL SERVICE
Section 11.1 Notice and References
Section 11.2 Action Before Leaving the Civil Service
Section 11.3 Normal Retirement Age
Section 11.4 Dismissal for Inefficiency
Section 11.5 Early Retirement or Severance
Section 11.6 Compulsory Early Retirement or Severance
Section 11.7 Flexible Early Retirement or Severance
Section 11.8 Approved Early Retirement
Section 11.9 Actuarially Reduced Retirement
Section 11.10 Medical Retirement
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CHAPTER 12 APPEALS AND LEGAL REPRESENTATION AT PUBLICEXPENSE
Section 12.1 Appeals
Section 12.2 Legal Representation at Public Expense
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INTRODUCTION1. This Code is issued under the authority of the
Civil Service Order in Council 1995 (AnnexA) under which the
Minister for the Civil Service has the power to make regulations
and giveinstructions for the management of the Home Civil Service,
including the power to prescribethe conditions of service of civil
servants.
2. This Code, on which the recognised trade unions have been
consulted, sets out regulationsand instructions to departments and
agencies regarding the terms and conditions of serviceof civil
servants and the delegations which have been made by the Minister
for the Civil Serviceunder the Civil Service (Management Functions)
Act 1992 to Ministers and office holders incharge of departments
together with conditions attaching to those delegations. Where
departmentsand agencies are given discretion to determine terms and
conditions, the Code sets out therules and principles which must be
adhered to in the exercise of those discretions. It does notof
itself set out terms and conditions of service.
3. From 1 April 1996, Ministers and office holders in charge of
departments have been giventhe authority:
a. to prescribe the qualifications (so far as they relate to
age, knowledge, ability,professional attainment, aptitude and
potential) for the appointment of home civilservants (with the
exception of the Fast Stream Development Programme) in
theirrespective departments; and
b. to determine the number and grading of posts outside the
Senior Civil Servicein their respective departments and the terms
and conditions of employment ofHome civil servants in so far as
they relate to the following:
i. classification of staff, with the exception of the Senior
Civil Service;
ii. remuneration and allowances, with the exception of the
Senior Civil Service;
iii. allowances for the Senior Civil Service in respect of
service overseas;
iv. expenses;
v. holidays, hours of work and attendance;
vi. part-time and other working arrangements;
vii. performance and promotion;
viii. retirement age and redundancy;
ix. re-deployment of staff within and between departments.
4. This delegation (which revokes all previous delegations) is
made subject to the conditionthat recipients of delegation comply
with the provisions of this Code as amended from timeto time.
However, it does not remove the obligation on departments and
agencies to submitto the Cabinet Office (OPS) proposals or
arrangements which are contentious, or raise questionsof propriety.
Departments and agencies are reminded that the Government is
committed tomaintaining the reputation of the Civil Service as a
good employer. The terms and conditionsof civil servants must be
determined with regard to: the general practice of large
employers;value for money; and the provisions of Government
Accounting.
5. For convenience, the term departments and agencies has been
used in the context ofdelegation throughout the Code. The
presumption is that functions delegated to Ministers andoffice
holders will ( in respect of agencies) be exercised by Agency Chief
Executives, but theprecise extent to which Ministers and office
holders may wish to allow the exercise of theirpowers by Chief
Executives is a matter for them to determine.
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6. Departments and agencies must comply fully with legislation
which binds the Crown orwhich Ministers have undertaken to apply as
if it were binding on the Crown. They mustdefine clearly the terms
and conditions of service of their staff and make these available
tostaff, for example in departmental or agency handbooks. Where
departments and agencies havedelegated powers or discretion, they
must make clear to their staff how these will be appliedby setting
out the relevant rules and procedures in their handbooks.
7. When exercising the delegated powers permitted by this Code,
departments and agenciesshould remember that existing rights cannot
be altered arbitrarily. They must observe any legalconstraints upon
them as employers, consulting as necessary with their staff and the
recognisedtrade unions. Any questions of possible detriment
occasioned by the application of theirdelegated powers should be
resolved locally. If uncertainty over entitlement is an issue,
managersshould consult their legal advisers and, if necessary,
Cabinet Office (OPS).
8. The Cabinet Office (OPS) retains the right to inspect and
monitor observance of thisCode in departments and agencies, but the
aim is to keep such inspection and monitoring tothe minimum level
consistent with central responsibilities.
9. Subsequent changes to the central regulations and
instructions (including any futuredelegations) will be issued as
amendments to this Code, and will need to be reflected promptlyin
departments or agencies regulations for their own staff. In all
cases, the Cabinet Office(OPS) will make clear the effective date
of any change affecting staff Service-wide.
Brief extracts (i.e. no more than ten per cent of the text) may
be copied for in-house useonly. Copies of longer extracts or for
external use require the prior written permission ofHMSO.
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Civil Service Order in Council 1995ANNEX A: CIVIL SERVICE ORDER
INCOUNCIL 1995
The following is an informal consolidation of the operative
parts of the Civil Service Orderin Council 1995, the Civil Service
(Amendment) Order 1995 and the Civil Service (Amendment)Order 1996.
It should not be relied upon as an authentic text. Changes made
under the twoCivil Service (Amendment) Orders appear in square
brackets in the consolidated text.
Definitions
1. In this Order, except where otherwise expressly provided,
the Commissioners means the persons for the time being appointed
by Her Majestyin Council to be Her Majestys Civil Service
Commissioners for the purposes of thisOrder;
audit means any review carried out by or on behalf of the
Commissioners of therecruitment practices and policies followed by
appointing authorities in making anappointment;
public service means any civil service of the State (other than
the Service), and anypublic authority, or non-governmental body or
institution discharging public functions,which the Minister may
from time to time determine to be a public service for thepurposes
of this Order;
the Minister means the Minister for the Civil Service;
secondment means a voluntary and temporary transfer from a
permanent employerfor a fixed period and which does not affect the
employment status of the secondedemployee;
the Service means Her Majestys Home Civil Service;
the Senior Civil Service means that part of Her Majestys Home
Civil Service whosemembers are classified by the Minister as
members of the Senior Civil Service. (a)
Selection on merit
2.(1) Except as otherwise expressly provided by this Order, no
person shall be appointedto a situation in the Service unless
(a) the selection for appointment is made on merit on the basis
of fair and opencompetition; and
(b) the person appointed satisfies such qualifications as may be
prescribed pursuantto Article 10(d).
(2) Notwithstanding Article 2(1)(b), a person may be appointed
in accordance withSchedule 2 to this Order.
Exemptions from selection on merit
3. Article 2(1)(a) shall not apply to an appointment to any
situation
(a) As amended by the Civil Service (Amendment) Order in Council
1996
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(a) where the holder is appointed directly by the Crown;
(b) where the holder is appointed by a Minister of the Crown for
the purpose onlyof providing advice to any Minister, and under
which the period for which thesituation is to be held terminates at
the end of an Administration.
Functions of the Commissioners
4.(1) The Commissioners shall maintain the principle of
selection on merit on thebasis of fair and open competition in
relation to selection for appointment.
(2) The Commissioners shall prescribe and publish a recruitment
code on the interpretationand application by appointing authorities
of the principle of selection on merit on thebasis of fair and open
competition, including the circumstances in which exceptions to
thatprinciple may be permitted in accordance with Articles 6 and 7
of this Order.
(3) The Commissioners shall audit recruitment policies and
practices within the Serviceto establish whether the recruitment
code is being observed by the appointing authority.
(4) The Commissioners may require appointing authorities to
publish such summaryinformation as may be specified relating to
recruitment and the use by such authorities ofpermitted exceptions
to the principle of selection on merit on the basis of fair and
opencompetition.
[(5) The Commissioners may hear and determine appeals to them by
a member of theService under the Civil Service Code and for this
purpose
(a) may regulate their own procedure; and
(b) may require the parties to any appeal or to any
investigation occasioned by anappeal to provide such information
and other assistance as the Commissionersshall think necessary or
appropriate; and
(c) may make recommendations. (a)]
The Commissioners approval for appointment
5.(1) Subject to Article 5(2), no appointment except for an
appointment of less thantwelve months or an appointment referred to
in Article 3 shall be made to any situationin the Senior Civil
Service [or to any situation listed in Schedule 1 (b)] without the
writtenapproval of the Commissioners, whose decision shall be
final. Approval may be givenconditionally or unconditionally.
(2) Where pursuant to Article 5(1) the Commissioners have given
approval conditionally,the relevant appointing authority may make
such appointment pursuant to Schedule 2 asappears to that
appointing authority to be appropriate.
Exceptions to selection on merit
6.(1) Subject to Article 6(2) the Commissioners may except an
appointment from therequirements of Article 2(1)(a), either
individually or by cases of a class or description,where the
appointment falls within one or more of the following
categories
(a) where the total period of service does not exceed five years
and the appointmentis justified by the needs of the Service;
(b) where the person is appointed on secondment;
(a) Inserted by the Civil Service (Amendment) Order in Council
1995(b) As amended by the Civil Service (Amendment) Order in
Council 1996
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(c) where immediately before appointment the person is the
holder of a situationto which he was appointed on secondment, or
under which the period of service(continuous or otherwise) does not
exceed five years, and the appointment wouldbe on an exceptional
basis;
(d) where the person has previously held a situation in the
Service to whichappointment was made on merit on the basis of fair
and open competition andis being considered for re-instatement or
re-employment;
(e) where the person holds a situation in a public service;
(f) where the person is, or has recently been, employed on
functions which havebeen or are being transferred to the Crown;
(g) where the person has reached an appropriate standard in a
fair and opencompetition for another situation without securing
appointment and there is ademonstrable shortage of suitable
candidates for the relevant situation.
(2) The Commissioners may except from the requirements of
Article 2(1)(a) any appointmentto a situation for which their
approval is required by Article 5 where they are satisfiedthat
(a) the person proposed for appointment is of proven
distinction; or
(b) that the person proposed for appointment has been assessed
in fair and opencompetition with all other applicants for the
situation, and that he is qualifiedto discharge all the duties of
the situation effectively
and, in either case, that the appointment is justified for
exceptional reasons relating to theneeds of the Service.
Disabled people
7. Without prejudice to their powers under Article 6 the
Commissioners may except anappointment from the requirements of
Article 2(1)(a) where it appears to the relevantappointing
authority that the person satisfies the relevant standard for entry
into the Serviceand has been selected for appointment under
arrangements which
(a) provide for such selection to be made on merit on the basis
of fair and opencompetition, but
(b) include provision for encouragement and assistance in the
process of selection(by way of guarantee of an interview or
otherwise) to be given to any personwho is defined as being a
disabled person or as having a disability by or underany enactment
relating to the employment of disabled persons.
Commissioners Annual Report
[8. (1) The Commissioners shall publish an annual report which
shall include:
(a) summary information as to appointments requiring the
Commissioners approvalunder Article 5, including the number of
persons appointed on the basis ofeach category of permitted
exceptions identified in Article 6 and Article 7, and
(b) an account of the audit of recruitment policies and
practices, and
(c) an account of the number of appeals made to them under the
Civil ServiceCode together with summary information as to the
nature of such appeals.
Civil Service Order in Council 1995
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(2) The Commissioners may from time to time make such other
reports on appeals tothem under the Civil Service Code as they
think fit. (a)]
Exercise of the Commissioners powers and duties
9.(1) Any power or duty of the Commissioners under this Order
may be exercised by
(a) the First Civil Service Commissioner, or such Commissioner
as the First CivilService Commissioner may authorise for that
purpose; or
(b) any officer of the Commissioners authorised for that purpose
by theCommissioners.
(2) The Commissioners may from time to time and to such extent
as they think fitauthorise any person to perform
(a) any function under Article 4(3); or
(b) any of their functions relating to the selection and
recruitment of persons priorto the exercise by them of their power
of approval under Article 5; or
(c) any of their functions including the power of approval under
Article 5 wherethe Commissioners have approved the arrangements for
selection for particularappointments.
Functions of the Minister
10. The Minister may from time to time make regulations and give
instructions
(a) providing for the number and grading of posts in the
Service, the classificationof all persons employed therein, their
remuneration, expenses, allowances, holidays,hours of work,
part-time and other working arrangements, retirement andredundancy,
the re-instatement and re-employment of persons in the Service,
there-deployment of staff within the Service and the conditions of
service of allpersons employed in the Service;
(b) for controlling the conduct of the Service[, including the
making and amendmentof a Civil Service Code (b)];
(c) relating to the recruitment of persons to situations in the
Service;
(d) prescribing the qualifications for appointment to situations
in the Service includingqualifications relating to age, knowledge,
ability, professional attainment, aptitude,and potential.
(a) As amended by the Civil Service (Amendment) Order in Council
1995(b) Inserted by the Civil Service (Amendment) Order in Council
1995
Civil Service Order in Council 1995
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Citation etc.
11.(1) This Order may be cited as the Civil Service Order in
Council 1995 and shallcome into force on 1st May 1995.
(2) [Revocation of Article 5 of the Civil Service Order in
Council 1991.]
(3) Without prejudice to paragraph (4) below, nothing in the
said revocation shall affectany instrument or other thing
whatsoever made or done or having effect as if made ordone under
the principal Order, and every such instrument or thing shall
continue in forceand so far as it could have been made or done
under this Order shall have effect as ifmade or done under this
Order.
(4) The Interpretation Act 1978(a) shall apply for the
interpretation of this Order andof any regulations or orders made
under this Order as it applies for the interpretation ofan Act of
Parliament, and as if for the purposes of section 16(1) of that Act
this Orderwere an Act of Parliament and the principal order were an
Act of Parliament therebyrepealed.
(a) 1978 c.30
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Civil Service Order in Council 1995SCHEDULE 1 Article 5(1)
[Agency Chief Executive
Chief Actuary
Directing Actuary
Director of Finance and Corporate Services, Royal Mint
Government Actuary
Prisons Ombudsman
Procurement Group Director, HM Treasury (a)]
Civil Service Order in Council 1995SCHEDULE 2 Articles 2(2) and
5(2)
APPOINTMENT BEFORE APPROPRIATE ENQUIRIES ARECOMPLETED, AND
APPOINTMENT WHERE CERTAIN
QUALIFICATIONS ARE NOT SATISFIED
1.(1) A person may be appointed to a situation in the Service
where it appears to therelevant appointing authority that it is
necessary that the appointment be made before appropriateenquiries
are completed, and that there is no prima facie doubt that he
satisfies all the prescribedqualifications and is otherwise
suitable for appointment.
(2) It shall be a condition of any appointment made under this
paragraph that theoutcome of the appropriate enquiries is
satisfactory, but termination of the appointmentwhere the outcome
of those enquiries is not satisfactory shall not preclude the
personsfurther appointment in accordance with paragraph 2.
2.(1) A person may be appointed to a situation in the Service
where it appears to therelevant appointing authority that, although
otherwise suitable for appointment, he does notfully satisfy the
prescribed qualification as to
(a) health or character, but that if appointed for a trial
period of service he is likelywithin that period to satisfy such
qualifications; or
(b) nationality, but that if appointed his employment would be
under the authorityof a certificate issued under section 1 of the
Aliens Employment Act 1955; or
(c) knowledge, ability, professional attainment, aptitude or
potential, but that ifappointed for a trial period of service he is
likely within that period to demonstratethat he is fully able to
discharge the duties of the grade.
(2) An appointment may only be made pursuant to paragraph
2(1)(c) on an exceptionalbasis and where there is a shortage of
qualified candidates for the situation.
(3) It shall be a condition of any appointment made for a trial
period under thisparagraph that, within a specified period not
exceeding five years, the person demonstratesto the satisfaction of
the relevant appointing authority that,
(a) in the case of an appointment under paragraph 2(1)(a), he
satisfies the relevantqualifications; and
(b) in the case of appointment under paragraph 2(1)(c), he is
fully able to dischargethe duties of the grade.
(a) As amended by the Civil Service (Amendment) Order in Council
1996
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1. TAKING UP APPOINTMENT1. TAKING UP APPOINTMENT1.1
Recruitment1.1 Recruitment1.1.1 Within the framework laid down by
the Civil Service Order in Council 1995 (Introduction,Annex A) and
the Recruitment Code issued by the Civil Service Commissioners
(Annex A),departments and agencies have authority to:
a. determine their practices and procedures for the recruitment
of staff to theHome Civil Service; and
b. prescribe qualifications for appointment to positions in
their organisation relatingto age, knowledge, ability, professional
attainment, aptitude and potential.
These delegations are subject to the following conditions.
Conditions
1.1.2 Departments and agencies must:
a. ensure that their recruitment systems deliver recruits who
are appropriate totheir needs and who are able to do the work
required; and
b. retain records for at least three years of the recruitment
criteria in use and ofthe performance of successful candidates.
Senior Civil Service
1.1.3 For SASC appointments (see Section 5.2), departments and
agencies must follow theprocedures described in A Checklist of
Processes for Senior Appointment Selection CommitteeGroup
Appointments published by the Cabinet Office (OPS).
Fast Stream Development Programme
1.1.4 Qualifications for appointment to the Fast Stream
Development Programme are setout in Section 1.5.
Checks before appointment
1.1.5 Before an unconditional offer of appointment is made,
checks must be satisfactorilycompleted to ensure that a candidate
does meet the qualifications for appointment.
Health
1.1.6 Recruits must be fit to carry out the duties of the post,
and be capable of giving regularand effective service for at least
5 years (or for the period of the appointment if that is
less).Candidates fitness must be checked by asking them to complete
a health declaration formand, in all cases where the health of a
prospective employee is in doubt, departments andagencies must seek
medical advice from the Civil Service Occupational Health and
SafetyAgency or alternative providers of competent occupational
health advice. A conditional (health)appointment may be offered
where appropriate (see Section 1.8).
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Character
1.1.7 Departments and agencies must be satisfied that recruits
are able to show that theywill be able to give satisfactory service
in the future and that nothing in their more recent pastis likely
to bring discredit upon the department or agency or the Civil
Service in general. Thisis separate from any security clearance
that may be necessary. Account must be taken of theRehabilitation
of Offenders Act 1974 and the Exceptions Order 1975 (amended in
1986) asappropriate.
Nationality
1.1.8 The Civil Service nationality rules (Annex B) are
statutorily based. Further copies ofthe rules are available from
Security Division, Cabinet Office (OPS).
1.1.9 Some appointments, where special allegiance to the State
is required, are reserved forUK nationals. Most posts, however, are
additionally open to Commonwealth citizens, Britishprotected
persons and to the nationals of other European Economic Area (EEA)
memberstates and certain non-EEA family members who are entitled to
EEA family permits orresidence documents (having moved to the UK
with their EEA spouse from another EEAmember state for an approved
purpose).
1.1.10 Separate more restrictive rules may apply to certain
posts under the Minister for theCivil Service and under the
Secretaries of State for Defence and Foreign and
CommonwealthAffairs.
Aliens certificates
1.1.11 Except as provided for in paragraph 1.1.9, no alien may
be appointed to a post inthe Civil Service unless the terms of the
Aliens Employment Act 1955 are satisfied. The Actempowers the
employing Departments Minister, with the approval of the Minister
for theCivil Service, to issue a certificate of employment in
certain circumstances. These are that:
a. no suitable qualified candidate who satisfies the nationality
rules is available; or
b. the alien possesses exceptional qualifications for
appointment; and
c. the post is not a reserved post.
Appointments under an aliens certificate (except for Special
Advisers) are made on a conditionalbasis.
Serving staff and open competitions
1.1.12 Serving civil servants who meet the specified
qualifications for appointment must beallowed to apply for open
competitions in any department or agency, including their
own.Common standards of selection must apply to both in-service and
external candidates.Departments and agencies may exempt serving
staff who were recruited through fair and opencompetition and have
completed their initial probation from any requirements for
educationalor vocational qualifications which are required of
non-Civil Service candidates; their relevantexperience inside the
Civil Service may be taken into account instead.
1.1.13 Management may reject applications from staff already
serving elsewhere in the samedepartment (or any of its agencies)
where the candidates level transfer from the existing postwould
conflict with wider department/agency interests or objectives.
1.1.14 If a serving civil servant receives and accepts an offer
of appointment following opencompetition, the parent department or
agency must release him or her within three monthsof being notified
of the accepted offer.
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1.1 Recruitment
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1.1 Annex A: Civil ServiceCommissioners Recruitment Code1.1
ANNEX A: CIVIL SERVICECOMMISSIONERS
RECRUITMENTCODEIntroductionRecruitment into the Home Civil Service
is governed by the Civil Service Order in Council1995. The Order in
Council sets out the legal basis for our recruitment policies and
practice.It requires the Civil Service Commissioners to provide a
recruitment code on the interpretationand application of the
principles for recruitment into the Civil Service. The principles
and thiscode are mandatory. They must be followed when any post is
opened to competition fromoutside the Civil Service.
Part I: The Principles of Fair andOpen Competition and Selection
onMeritThe recruitment principles1.1 The principles are set out in
the Appendix. Good government needs a Civil Service whichis highly
competent, politically impartial and has high standards of
integrity. The recruitmentprinciples underpin this. The fundamental
principle is that appointments must be made onmerit on the basis of
fair and open competition.
1.2 There are three reasons for this. First to find the best
available person for the jobconsidered on individual merit and
regardless of race, gender, or (subject to the requirementsof the
job) disability. Secondly, to put all appointments above suspicion
of patronage. If friends,relations or business contacts comprise
most of the applicants for a job, it is clearly not possibleto
defend our procedures - even if the successful candidate is
perfectly competent. And thirdly,to ensure that recruitment
procedures reinforce the political impartiality of the Service.
1.3 To apply the principles effectively, we need to ensure
that:
a. job opportunities are known about and publicised;
b. selection is fair and objective at each stage;
c. those appointed have the necessary skills and competencies
for the job;
d. we choose the best candidate for the job;
e. we can demonstrate that we have applied our recruitment
principles by takingthese steps.
1.4 This is basically good professional selection practice.
Spending time to secure the bestcandidate in the field is often
critical to the success of an organisation. The costs of
appointingthe wrong person can be severe and immediate.
1.5 Part time appointments are subject to the same selection
requirements as full timeappointments.
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1.6 Some limited exceptions to the recruitment principles are
permitted - for example forsecondment. These are set out in Part II
of this code.
1.7 Personnel divisions will be able to give further advice on
good recruitment practice. Theycan also provide details of
recruitment consultants who can advise on good practice in
selectiontechniques.
Responsibility for applying the recruitment principles1.8
Responsibility for ensuring that recruitment is conducted in line
with this code rests withthe Permanent Secretary or Chief Executive
of each department or agency. They are requiredto state that they
operate recruitment systems in line with this code and that those
systemsare subject to internal check to ensure they are working
effectively.
1.9 Departments and agencies may make appointments to all but
the most senior posts inaccordance with these principles without
further reference to the Commissioners. Approval ofindividual
appointments by the Commissioners is required for appointments in
the Senior CivilService (apart from appointments of less than 12
months) on which separate Commissionersguidance is available from
the Office of the Civil Service Commissioners.
1.10 The Civil Service Commissioners also conduct independent
audits of recruitment policiesand practices in departments and
agencies, and publish an account of their audits in theirannual
report. Information about the audit arrangements is available from
the Office of theCivil Service Commissioners.
1.11 But the front line responsibility for giving effect to the
principles lies with each managerwith direct responsibility for
recruitment. Each manager must ensure that his or her
selectionprocedures and decisions follow this code.
1.12 Complaints should be addressed to the head of department or
agency concerned in thefirst instance. The commissioners are
willing to consider complaints alleging that the principles ofthis
recruitment code have been breached from those dissatisfied with
the departments or agencysinitial response to their complaint so
long as their complaints are raised within 6 months.
Using recruitment agencies1.13 Public or private sector
recruitment agency or selection consultants may be used toassist in
part or all of the selection process. It is nevertheless the
responsibility of the individualrunning the recruitment competition
to ensure that the recruitment exercise is carried out inaccordance
with the principles, and to be able to demonstrate that this has
been done. Allvacancies must be openly advertised. The text of any
advertisement or publicity must beapproved by the department or
agency concerned, as must the specification of requirementsfor and
conduct of short listing, and the monitoring procedures used. The
department oragency running the recruitment competition must
participate fully in the final selection.
Accounting for recruitment decisions1.14 Those running
recruitment competitions need to be able to demonstrate that they
havecomplied with the principles. Accordingly recruitment
competitions should be fully documented,and the papers should be
retained for 12 months from the end of the competition1. For
fixed
1The term papers refers to the advertisement, application forms,
criteria, selective panel report,campaign summary, statistics and
any other relevant paper relating to the competition. Afterthe 12
month period, a brief summary of the competition, including
statistics, should bereturned for a further 3 years.
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term appointments/short term contracts the advertisement and
supporting literature must beretained for the duration of the
appointment so that the basis on which the post was publicisedis
known in the event of extension or wider deployment being
considered. Senior staff in eachdepartment or agency - and
ultimately the independent auditors employed by the Civil
ServiceCommissioners - may need to be satisfied that recruitment
competitions have been properlycarried out. In addition,
departments and agencies are required to publish information on
theirrecruitment, including the use of specified exceptions to the
recruitment principles. Thearrangements for publishing recruitment
information are set out in Part III of this code.
Interpretation of the principlesIn accordance with the Civil
Service Order in Council 1995 every individual appointed to a
postin the Civil Service must be selected on merit on the basis of
fair and open competition.
1.15 This fundamental principle has been the basis of Civil
Service recruitment policy forwell over a century. Openness,
fairness and merit are all directed to getting the bestperson for
the job from a wide field of applicants. Openness is about making
Civil Servicejobs accessible by ensuring that opportunities are
made known and publicised. Fairness seeksto ensure that there is no
bias in assessment of candidates at any stage of the selection
process.Merit has two objectives: no-one should be appointed to a
job unless they are competent todo it; and if two or more people
meet the criteria for appointment, the job should be offeredto the
person who would do it best.
1.16 These are wide principles. They signal the commitment of
the Civil Service to provideequality of opportunity in employment.
But the principles go further. Recruitment decisionsmust also meet
the wider tests that they have been reached through fair and open
competitionand decided on the merit of the candidates.
1.17 It follows that the recruitment principles do not permit
positive discrimination. The onlyarea in which the Order in Council
does permit different arrangements concerns disabled people- see
Part II - and relates only to the preliminary stages of
selection.
Prospective applicants must be given equal and reasonable access
to adequate information aboutthe job and its requirements, and
about the selection process.
1.18 This principle is directed to creating a fair and open
field of competition at the startof the selection process, and
sustaining it through to the final decision.
1.19 The advertisement and supporting literature must together
contain whatever applicants needto know to give them a clear
picture of the job and what is required to do it. The
advertisementshould say who the employer is, what the job involves,
what the location and salary are (includingany flexibility on the
pay figure), and give a brief description of the qualifications,
skills, experienceand personal qualities needed. The supporting
literature can expand on these, and should also setout the nature
of the selection process. Providing this information will help
create a fair and openfield and reduce the number of inappropriate
applications.
1.20 The advertisement should make clear whether the job is
permanent or a short termcontract. Short term appointments made by
open competition are constrained by the termson which they were
originally advertised. It is therefore important to consider
carefully at theoutset whether a short term appointment may be
renewed, offers prospects of movementelsewhere in the Civil Service
or of permanency. Which of these prospects, if any, appliesshould
be made plain in advertising the post. Provided the particular
prospects have been setout in the initial advertisement, their
subsequent realisation would not give rise to any conflictwith the
recruitment principles, since candidates will have competed in a
fair and open wayin the knowledge of the longer term prospects
associated with the post.
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1.21 Where the job is clearly temporary or there is genuine
uncertainty about work requirementsstaff may be recruited for
periods up to 12 months without fair and open competition - seePart
II. But where the pattern of work can be planned for longer
periods, wherever possiblestaff should be recruited through fair
and open competition on renewable short term contractssince these
can be extended without any further competition.
1.22 A reasonable opportunity must be given to prospective
applicants to become aware ofvacancies. They must be given a
reasonable time within which to apply. For example, seniorlevel
appointments would require advertisement in the national or
specialist press with a closingdate of around three weeks. The most
junior posts might be advertised in the local Jobcentrefor a much
shorter period. The closing date should be made plain and adhered
to: it is notfair to close the list early because a lot of
applications have already been received.
Applicants must be considered equally on merit at each stage of
the selection process.
1.23 All applicants must be treated equally on merit at each
stage of the selection process.An objective means of dealing with
the problem of large numbers of applicants must be used.Throughout
the selection procedure decisions based on the individual merit of
the candidatesshould determine which ones progress to the next
stage. And at the final stage acceptablecandidates should be placed
in order of merit and offered appointment in that order,
unlessthere are sufficient vacancies to appoint all
immediately.
Selection must be based on relevant criteria applied
consistently to all the candidates.
1.24 The purpose of setting criteria is to differentiate on a
consistent and objective basisbetween candidates at each stage of
the selection process. The criteria (including any
eligibilityrequirements) must be relevant to the job. For example
candidates should not be assessedagainst higher qualifications than
are needed to do the job. Using irrelevant criteria woulddistort
fair and open competition; and could be held to be unlawful under
equal opportunitieslegislation if it led to unfair
discrimination.
1.25 Selection criteria should be established at the outset.
They should be consistent withthe experience, qualifications,
skills and qualities specified in the advertisement. At each
stageof the selection process, it is important to be consistent in
assessing the candidates against thesame criteria.
Selection techniques must be objective and guard against
bias.
1.26 Selection at all stages must be demonstrably fair and
objective and unaffected by gender,race or other irrelevant
considerations. Short listing and all selection decisions should
beconducted by at least two people to guard against individual
bias.
1.27 The choice of technique to be used at each stage of
selection should be made withreference to the needs and
requirements of the particular job. Sifting techniques, tests
andexercises must be reputable, valid and good indicators of future
performance. Those administeringor interpreting
psychometrically-based tests should be professionally trained.
1.28 Departments and agencies must provide training and guidance
for assessors.
Note This code sets out recruitment principles only. It is not a
guide to everything requiredto carry out recruitment. For example,
before appointment checks may have to be madeon such things as
nationality, health or qualifications. Guidance about other aspects
ofrecruitment should be available from personnel divisions.
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Appendix to Part IAppendix to Part I1.1 Annex A: Civil
ServiceCommissioners Recruitment CodeThe Principles of Fair and
OpenCompetition and Selection on MeritIn accordance with the Civil
Service Order in Council 1995 every individual appointed to apost
in the Civil Service must be selected on merit on the basis of fair
and open competition,apart from the exceptional cases in Articles 6
and 7 of the Order. To this end:
a. prospective applicants must be given equal and reasonable
access to adequateinformation about the job and its requirements;
and about the selection process;
b. applicants must be considered equally on merit at each stage
of the selectionprocess;
c. selection must be based on relevant criteria applied
consistently to all thecandidates;
d. selection techniques must be reliable and guard against
bias.
To comply with Civil Service policy, equality of opportunity
must apply throughout therecruitment process.
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1.1 Annex A: Civil ServiceCommissioners Recruitment CodePart II:
Exceptions to theRecruitment PrinciplesIntroduction2.1 This part of
the code, which is mandatory, sets out the limited circumstances in
whichexceptions are permitted to the recruitment principles of
fairness, openness and merit in theCivil Service Order in Council.
No departure from the recruitment principles is permitted
exceptunder its terms.
2.2 Recruitment by fair and open competition and appointment on
merit should always bepursued where possible to test the market for
the best person for the job, and to demonstratethat the appointment
is above patronage and political partiality. The objective of
permittingcertain exceptions from that rule is to provide
flexibility where it is genuinely necessary to meetthe needs of the
Civil Service. But departments and agencies are under no obligation
to allowrecruitment under the exceptions and they are free to set
stricter limits on flexibility wherethey see fit. For example, use
of flexible working patterns or of secondment does not
presupposeuse of an exception: recruitment should be under the
normal rules if that is practical andsensible. Where use of an
exception is contemplated the case should be considered
againstthese overall objectives of Civil Service recruitment
policy.
Accountability for exceptions2.3 The responsibility of the
relevant Permanent Secretary or Agency Chief Executive
forrecruiting in accordance with the Commissioners code includes
the use of exceptions. But inrelation to the Senior Civil Service
the approval of the Civil Service Commissioners is also
requiredbefore appointments can be made using the exceptions, apart
from appointments of less than12 months. The Civil Service
Commissioners independent audit of recruitment policies
andpractices in departments and agencies includes examination of
the use of exceptions.
2.4 It is for departments and agencies to decide at what level
of seniority decisions on theuse of exceptions should be made,
taking into account the particular need to be seen to guardagainst
patronage or political partiality when making any departure from
the recruitmentprinciples, but exception decisions should not rest
with the immediate line manager, apart fromappointments of up to 12
months.
2.5 As for all other recruitment decisions, where an exception
to the recruitment principlesis made, the reasons need to be
clearly recorded, in accordance with this code. Departmentsand
agencies are required to provide information showing the number and
level of appointmentsmade under specified categories of exception -
see Part III of the code. The only category ofexception exempt from
this requirement is appointments of up to 12 months where
datacollection would be onerous and interpretation difficult.
The circumstances in which exceptions may be made bydepartments
and agencies2.6 The Order in Council allows exceptions to the
recruitment principles to be made in thefollowing categories:
a. short term appointments (up to a maximum of 5 years), and
extensions orconversion to permanency;
b. secondments;
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c. re-appointment of former civil servants;
d. transfers into the Civil Service;
e. surplus acceptable candidates;
f. disabled candidates.
In addition the recruitment principles do not apply where an
appointment is made directly bythe Crown or in the case of special
advisers to Ministers whose appointments end with anAdministration.
No exception may be made which falls outside these categories. Even
withinthese categories exceptions may be made only in the
circumstances described in this code. Caseswithin the categories,
but which do not fall within this code, must be put to the
Commissionersfor consideration. This applies at all levels.
Short term appointments
Appointments of up to twelve months
2.7 In order to give managers flexibility to meet genuine short
term needs sensibly andeconomically, recruitment to appointments of
up to 12 months (for example, casual, fixedterm, secondment,
provisional) may be carried out without the full fair and open
competitionprocess. But this can be done on a routine basis only
for short term contracts up to a maximumof 12 months. If there is
any possibility that staff may be needed for more than 12
months,fair and open competition should be used at the outset.
(When calculating the 12 monthstotal period of service, separate
periods of service should be aggregated if they relate to thesame
appointment. Periods of service without a break between successive
appointments shouldalso be aggregated.)
2.8 For this category of exception, departments and agencies may
make appointments ofless than 12 months for appointments to the
Senior Civil Service without the approval of theCommissioners,
provided the case falls within these guidelines.
Extension for a further period up to a maximum of twenty-four
months
2.9 Such extensions should be considered only on an exceptional
basis: the fact that uncertaintyabout the future overall work
pattern continues is not sufficient reason. Extension might
beconsidered where, for example, the particular job or plan of work
has taken a little longerthan originally planned and a few more
months will complete it. The Commissioners approvalis required to
extend appointments to the Senior Civil Service.
Recurrent short term appointments of no more than six months in
any twelve monthsfor a period up to five years
2.10 Some work patterns may require staff for a series of short
periods of a few weeks ormonths (for example, recurring temporary
appointments and standby appointments). To provideflexibility in
such circumstances an exception may be made to permit the
employment of stafffor no more than 6 months in any period of 12
consecutive months for a period of not morethan 5 years.
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Specialist skills
2.11 A very small number of jobs require a mix of specialised
skills and experience. In somecases this may so narrow the field
that an open competition would be an expensive formality.This
situation is expected to arise rarely. Recruiters should not assume
that other crediblecandidates are not available simply because one
qualified individual is easily identified. Butwhere:
a. the mix of skills and experience required for a post is
highly specialised; and
b. the foreseeable requirement is a short term one, and at a
maximum, for a periodof 5 years; and
c. holding an open competition is unlikely to identify further
credible candidates,
an exception to the recruitment principles may be made. Transfer
or promotion within thespecialist area may be permitted, but
movement outside the specialist area should be throughopen
competition or a permitted exception.
Conversion of short term appointments to permanency (or
extension beyond the initiallypublicised period)
2.12 Short term appointments made by open competition are
constrained by the terms onwhich they were originally advertised.
Where the initial advertisement did not make the prospectsof an
extension, or conversion to permanency, or transfer elsewhere in
the Civil Service plain,perhaps because developments in the pattern
of work in the post could not be anticipated, ora reorganisation
leading to wider transfer opportunities could not be foreseen, that
can onlybe done by exercising this exception. Where extension or
making permanent are considered,the individual must be performing
to a high standard. Where transfer to another post isconsidered,
the individual must be fully up to the standard of work offered,
and whereverpossible should be assessed against other candidates.
In all cases departments and agenciesshould satisfy themselves that
the appointment would be on an exceptional basis and recordhow the
suitability of the individual has been assessed.
2.13 Appointments of up to 12 months made under paragraph 2.7
above can only be extendedas provided in paragraph 2.9. Other short
term appointments made under the exceptions fromopen competition in
paragraphs 2.10 and 2.11 may be considered for extension or
permanencyas in paragraph 2.12. These occasions will be very rare
and the approval of the Civil ServiceCommissioners must be sought
in the case of any proposed extension of such an appointmentby more
than 3 years beyond a 5 year term (ie a total of 8 years), or
conversion to a permanentappointment. This applies at all
levels.
Secondments2.14 The policy of the Civil Service is to encourage
inward secondment to promote theexchange of ideas and experience.
The recruitment principles may be relaxed to facilitatetransfers of
people into the Civil Service for this purpose. To qualify under
this provision asecondment must be a voluntary transfer from the
permanent employer, intended to betemporary, for a period of
normally up to 3 years and not exceeding 5 years; and must
notaffect the employment status of the secondee.
2.15 For secondments of more than 12 months, departments and
agencies must take reasonablesteps to establish a field of
candidates. Unless part of an interchange programme, or
otherexchange arrangement, or intended to foster contact with a
particular body with which thedepartment has, or is developing
links, or the source of supply is very restricted, departmentsand
agencies should approach a number of organisations and invite them
to nominate individuals
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for consideration. Secondees must be fully capable of
undertaking effectively the duties of thejob for which they are
recruited, and departments and agencies should record how the
suitabilityof the secondee has been assessed.
2.16 Extension of secondments beyond 5 years or conversion to
permanent appointment(or to a short term appointment) may be
permitted only in exceptional circumstances. Anexception may be
made for short extensions beyond 5 years where there is a
requirement tocomplete the work in hand. If a longer extension is
in question, or conversion to a permanentappointment (or to a short
term appointment), the approval of the Civil Service
Commissionersmust be sought. This applies at all levels. Conversion
should only be permitted when the secondeehas performed to a high
standard and circumstances have changed to make a contract
orpermanent appointment a significant advantage to the department
or agency.
2.17 This exception does not concern the use of secondment
arrangements for those broughtin by other means, nor may it be used
to bring in secondees in any circumstances other thanthose set out
in paragraph 2.14. For example, it may sometimes be appropriate for
someonebrought in by open competition to agree secondment
arrangements which preserve an individualsrights and pension
entitlement from a previous employer: that would be an arrangement
reachedquite separately from the secondment exception.
Re-appointments of former civil servants
2.18 The purpose of this exception is to enable departments and
agencies to realise theinvestment they have made in the training
and experience of an individual who has subsequentlyleft them: no
individual has a right to re-appointment1. It should only be used
where there isa clear and significant benefit to the department or
agency in doing so - for example, as partof a departments planned
policy to assist the return of staff who have left for domestic
reasonsor when the individual has particularly valuable and
relevant skills or experience to offer. Inconsidering candidates,
departments and agencies should have regard to the nature of
theapplicants previous experience, and its relevance to the current
job. The applicant should betested against others where this is
practicable. Departments and agencies should considercarefully
whether more suitable candidates may be available and apply the
recruitment principlesif they are in any doubt about an applicants
suitability.
2.19 All individuals who are re-appointed under this exception
must have been originallyrecruited by fair and open competition.
They must meet the current competencies required forthe level of
work offered. Departments and agencies should record how the
suitability of thecandidate has been assessed. Re-appointment may
take the form of reinstatement at the samelevel as that held on
resignation, or re-employment at a higher or lower level.
2.20 If a former civil servant has been successful in an open
competition departments andagencies are free to appoint on
re-appointment terms.
Transfers into the Civil ServiceTransfers of staff into the
Civil Service on the transfer of an undertaking governed bythe
Transfer of Undertaking (Protection of Employment) Regulations
(TUPE)
2.21 Under the provisions of TUPE such staff have an automatic
right of transfer. Therecruitment provisions of the Civil Service
Order in Council and this code are not relevant to
1 Except as provided in paragraph 1.7.2 of the Civil Service
Management Code.
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these circumstances. Where organisational issues arise related
to transferring staff with theirwork into the Civil Service expert
advice should be sought at an early stage from personneldivisions
and legal advisers of the department or agency concerned.
Transfers of staff into the Civil Service with their work in
circumstances not governedby TUPE
2.22 If such circumstances should arise, transfers of staff may
be considered where it is inthe interests of the Civil Service to
retain their expertise.
Transfers of staff into the Civil Service without work from
another public body or service
2.23 The principle underlying decisions on such transfers is
that only those recruited by fairand open competition should be
eligible to transfer to Civil Service posts.
2.24 Staff employed by public bodies are eligible to apply for
posts in the Civil Service(through trawls from recruiting
departments or outplacement from shrinking organisations) inorder
to accommodate staff surpluses and shortages, or individual cases
of hardship, providedthat they were:
a. previously recruited into the Civil Service through fair and
open competitionand directly transferred to a public body from a
permanent post in the Civil Servicewithout a break in employment;
or
b. recruited direct into a body staffed exclusively by civil
servants as a matter ofpolicy; or
c. recruited direct into one of the bodies listed in the
Appendix to Part II before1 September 1992, in accordance with the
Civil Service recruitment rules in forceat the time.
2.25 It was decided in 1992 that staff recruited direct by
public bodies not exclusively staffedby civil servants would no
longer be eligible to apply for trawled posts from 1 September1992
because the recruitment procedures of those bodies ceased to be
subject to general CivilService recruitment procedures and scrutiny
by the Civil Service Commissioners. By contrast,direct recruitment
to public bodies staffed exclusively by civil servants as a matter
of policy(such as ACAS and the Health and Safety Executive) and
recruitment to the ForestryCommission (a government department but
not part of the Home Civil Service) continuedto be conducted in
accordance with Civil Service standards and procedures and
monitoredby the Civil Service Commissioners. Such staff therefore
retained eligibility to Civil Serviceinterdepartmental transfers
and trawls.
2.26 Transfers of staff between the Diplomatic Service and the
Home Civil Service, and fromthe Northern Ireland Civil Service may
take place freely, provided the individuals were recruitedthrough
fair and open competition. For other public services and bodies,
advice should besought from the Commissioners.
2.27 In all transfer cases, without or with work (unless
governed by TUPE) selection andassessment procedures must assure
the receiving department or agency that such staff are ofthe
required standard.
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Surplus acceptable candidates appointed to shortage posts2.28
From time to time departments and agencies may experience
difficulties in filling certainposts because of tightness in the
employment market or the scarcity of the relevant professionalor
specialist skills. Such difficult posts may be considered shortage
when:
a. senior management consider they have no prospect of filling
them with qualifiedcandidates from within the Civil Service;
and
b. recent experience has shown that external competition has not
brought forwardacceptable candidates.
2.29 Where such shortages exist, consideration should be given
to advertising the prospectsof alternative appointments in these
areas when other posts are advertised. For example, wherea
department has repeatedly had a shortfall in suitably qualified
candidates at one level thepossibility of such alternative
opportunities might be mentioned in advertising posts at
anotherlevel. Candidates appointed under such a procedure would be
regarded as having been recruitedunder fair and open competition on
merit.
2.30 Cases may however exceptionally arise where it was not
anticipated that a suitablecandidate for a shortage post would
emerge from this competition, or the need arose after
thecompetition had begun. In such a case an exception may be made
to permit an applicantreaching an appropriate standard in one
competition to be placed in a shortage post. Use ofthe procedure
described in paragraph 2.29 should ensure that use of this
exception is rare.
Disabled candidates2.31 The Order in Council contains special
provision for the recruitment of disabled people.Departments and
agencies may choose to offer encouragement and assistance in the
processof selection to disabled applicants which are not available
to other candidates. For example,they may guarantee an interview,
or modify other selection arrangements used for
non-disabledapplicants in the same competition by substituting the
use of short answer tests orcompetence-based recruitment criteria
for educational qualifications.
2.32 The definition of a disabled person to be used in this
context is that of the 1995Disability Discrimination Act:
a person who, has a physical or mental impairment which has a
substantial andlong-term adverse effect on his or her ability to
carry out normal day to dayactivities.
For Civil Service purposes this means that:
a. the disability must last or be expected to last for at least
12 months;
b. conditions which have a slight effect on day-to-day
activities, but are expectedto become substantial, are covered;
c. eligibility is based on self-declaration on the part of the
applicant. In otherwords the applicants must themselves indicate
that they have such a disability.
2.33 Further information on guaranteeing interviews for disabled
people and on using theEmployment Service disability symbol is
available from Development and Equal OpportunitiesDivision, Cabinet
Office (OPS).
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Exceptions reserved for the Commissioners2.34 All exceptions
relating to appointments to the Senior Civil Service must be
approvedby the Commissioners apart from appointments of less than
12 months. In addition theCommissioners alone may exercise
discretion solely in relation to senior appointments under
twofurther categories of exception. Use of both exceptions is
expected to be very rare and decisionswould be taken collectively
by the Commissioners and recorded in their annual report.
2.35 The first exception permits a permanent appointment (or for
more than 5 years) to bemade if it can be justified for exceptional
reasons relating to the needs of the Service and theproven
distinction of the person. The second allows an appointment of a
qualified candidateto be made after fair and open competition but
not in order of merit. Further advice on theprocedures to be used
for these exceptions is available in the separate guidance on
Commissionersrecruitment to senior posts, available from the Office
of the Civil Service Commissioners.
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1.1 Annex A: Civil ServiceCommissioners Recruitment CodeAppendix
to Part II
PUBLIC BODIES
The following is a list of Public Bodies as at 1 September 1992
which employed some staffeligible to respond to inter-departmental
trawls.
Royal Commissions etc.
Commonwealth War Graves Commission
Countryside Commission
Meat and Livestock Commission
Monopolies and Mergers Commission
Racial Equality, Commission for
Royal Commission on the Ancient and Historical Monuments of
Scotland
Royal Commission on the Ancient and Historical Monuments in
Wales
Royal Commission on the Historical Monuments of England
Royal Commission on Historical Manuscripts
Rural Development Commission
Museums, Galleries and Libraries
British Library
British Museum
Imperial War Museum
National Army Museum
National Gallery
National Galleries of Scotland
National Library of Scotland
National Maritime Museum
National Museum of Science & Industry (Science Museum)
National Museums of Scotland
National Portrait Gallery
Natural History Museum
Royal Air Force Museum
Royal Armouries
Tate Gallery
Victoria and Albert Museum
Wallace Collection
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Research Councils
Agricultural and Food Research Council (now part of
Biotechnology and Biological SciencesResearch Council)
Economic and Social Research Council
Natural Environment Research Council
Science and Engineering Research Council (now part of
Engineering and Physical ResearchCouncil and Particle Physics and
Astronomy Research Council)
Public Boards and Authorities
Gaming Board for Great Britain
Northern Lighthouse Board
Others
Commonwealth Institutes London and Edinburgh
Countryside Council for Wales
English Nature (Nature Conservancy Council for England)
Historic Buildings and Monuments Commission (now English
Heritage)
House of Commons
House of Lords
Metropolitan Police Office
National Curriculum Council (now part of School Curriculum and
Assessment Authority)
Police Complaints Authority
Polytechnics and Colleges Funding Council (now part of Higher
Education Funding Councilfor England)
Royal Botanic Gardens, Kew
Schools Examinations and Assessment Council (now part of School
Curriculum and AssessmentAuthority)
Scottish Natural Heritage
Scottish Sports Council
Trinity House
Universities Funding Council (now part of Higher Education
Funding Council for England)
1.1 Annex A: Civil Service Commissioners Recruitment Code
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1.1 Annex A: Civil ServiceCommissioners Recruitment CodePart
III: Information to be Published
Introduction
3.1 The Civil Service Order in Council 1995 authorises the
Commissioners to requiredepartments and agencies to publish summary
information about their recruitment and theuse of permitted
exceptions to the principles of fair and open competition and
selection onmerit. This code, which is mandatory, sets out the
minimum information to be published.
3.2 The aim of the requirement is to express and focus
departments and agencies accountabilityfor the application of the
key principles of fair and open competition and selection on
meritand to make their recruitment processes more transparent, in
the same way as the annualreports made by the Civil Service
Commissioners do for senior recruitment. The vehicle forpublication
is for departments and agencies to decide: they may wish to use
their annual reportsor other annual public documents or they may
choose to make the information availablethrough a Parliamentary
Question. A copy of the information published should be sent to
theCommissioners.
Minimum information to be published
3.3 The minimum requirements for publication are set out below.
The information shouldrelate to all appointments including senior
appointments subject to the Commissioners approval.The requirements
are:
a. a statement that there are systems in place in the department
or agency toensure that recruitment is carried out on the basis of
fair and open competitionand selection on merit and in accordance
with the recruitment code laid down bythe Civil Service
Commissioners and that they are subject to internal check;
b. to provide context for the items which follow, numbers
appointed at each level(in terms which make sense for the
department or agency concerned);
c. the proportion of women, ethnic minorities and disabled
people successful ateach level;
d. the number of occasions on which the permitted exceptions to
fair and opencompetition and selection on merit have been used at
each level (except forappointments of up to twelve months), divided
into the following categories:
extensions of appointments of up to 12 months up to a maximum of
24months (with reasons);
recurrent short term appointments;
short term appointments where highly specialised skills
required;
extensions of short term appointments beyond the initially
publicised period,including conversions to permanency (with
reasons);
secondments;
extensions to secondments (with reasons);
re-appointments of former civil servants;
transfers of staff with their work (not under TUPE);
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transfers of staff from other public services without work
(unless from apublic body staffed exclusively by civil
servants);
appointments of surplus acceptable candidates to shortage
posts;
appointments of disabled candidates under modified selection
arrangements;
any use of the exceptions reserved for the Commissioners (i.e.
appointmentson the basis of the proven distinction of the
individual and appointmentsnot in order of merit).
1.1 Annex A: Civil Service Commissioners Recruitment Code
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1.1 Annex B: Civil ServiceNationality Rules1.1 ANNEX B: CIVIL
SERVICENATIONALITY RULES
Statutory Basis
There is a statutory prohibition in the Aliens Restriction
(Amendment) Act 1919 on the employmentof foreigners in the Civil
Service but there are three legal exceptions. In 1991, the
EuropeanCommunities (Employment in the Civil Service) Order (SI
1991/1221) enabled nationals of otherEuropean Community (EC) Member
States and certain non-EC family members to be employedin many
Civil Service posts. The European Economic Area (EEA) Act 1993
enabled nationals ofMember States of the European Free Trade Area
(EFTA), except Switzerland and Liechtenstein,to be employed in the
Civil Service, together with certain non-EFTA family members, on
the samebasis as the nationals of EC Member States under SI
1991/1221. There is also a provision that,in exceptional
circumstances, foreigners, other than EEA nationals and non-EEA
family membersmentioned above, may be employed with an Aliens
Certificate under the Aliens Employment Act1955. In addition, under
the Civil Service Order in Council dated 15 March 1995 and the
DiplomaticService Order in Council dated 5 February 1991, the
Minister for the Civil Service and the Secretaryof State for
Foreign and Commonwealth Affairs may make nationality rules
governing recruitmentto the Home Civil Service and Diplomatic
Service respectively. This annex summarises the statutoryposition
and sets out rules in both cases. The Race Relations Act 1976
preserves the validity ofnationality rules governing eligibility
for employment in the service of the Crown and certainprescribed
public bodies.
Definitions
UK national is as defined in the UK Declaration on nationality
for EC purposes madewith effect from 1 January 1983. These are:
British citizens, British subjects under Part IVof the British
Nationality Act 1981 having the right of abode in the UK, and
BritishDependent Territories citizens acquiring their citizenship
from connection with Gibraltar.The Declaration also notes the
reference in connection with the Channel Islands and theIsle of
Man, that any citizen of the UK and Colonies is to be understood as
referringto any British citizen.
Commonwealth citizen means any person who has the status of a
Commonwealth citizenunder the British Nationality Act 1981. This
includes British citizens, British subjects withthe right of abode
in the UK, British Dependent Territories citizens and British
Overseascitizens. A further category British National (Overseas)
was added in 1986.
British protected person means a member of any class or person
declared to be Britishprotected persons by Order in Council under
the 1981 Act, or by virtue of the SolomonIslands Act 1978.
EC Member States (besides the UK) comprise Member States of the
European Community,i.e. Austria, Belgium, Denmark, Finland, France,
Germany, Greece, Ireland, Italy, Luxembourg,Netherlands, Portugal,
Spain and Sweden.
EFTA Member States, in this context, comprise the following
European Free Trade AreaMember States: Iceland and Norway, from 1
January 1994 and Liechtenstein from 1 May 1995.
EEA national means a national of an EC or EFTA Member State as
defined above.
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1.1 Annex B: Civil Service Nationality Rules
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Family member means a specified family member of an EEA national
who has movedto the UK from another EEA Member State for an
approved purpose; the categories offamily member are:
the EEA nationals spouse;
a descendant of the EEA national or the spouse who is under 21
years of age or is theirdependant; or
a dependent relative in the ascending line of the EEA national
or the spouse.
Notes
Applicants with dual nationality will be eligible for the Home
Civil Service provided that oneof the nationalities meets the
requirements.
Applicants from some countries may be subject to immigration
control.
A period of residence in the UK is also required for certain
posts under 3 and 4 below.
The Rules
1. Posts in the Home Civil Service where special allegiance to
the state is required are reservedfor UK nationals. Most posts,
however, are not in the reserved category and do not
thereforerequire such special allegiance; they are additionally
open to: Commonwealth citizens (whichincludes British Dependent
Territories citizens, British Nationals (Overseas) citizens and
BritishOverseas citizens); British Protected persons; EEA nationals
of other Member States; andcertain non-EEA family members. Where a
vacancy is in the non-reserved category allowingapplications from
these groups, the recruitment publicity accompanying the
application formshould say so.
2. Very exceptionally someone who falls outside the above groups
may be considered for anappointment in the non-reserved category
for up to 5 years under the Aliens Certificatearrangements in
circumstances where it appears to the Minister for the Civil
Service and tothe Minister of the employing department or agency
that no suitably qualified person meetingthe relevant nationality
criteria is available or that the individual has exceptional
qualificationsor experience for the appointment.
3. For posts in HM Diplomatic Service and Home Civil Service
posts under the Foreign andCommonwealth Office (except the Overseas
Development Administration) you will be eligibleonly if:
a. you are a British1 citizen; and
b. the Secretary of State for Foreign and Commonwealth Affairs
is satisfied thatyou are so closely connected with the United
Kingdom, taking into account suchconsiderations as upbringing and
residence, that you may properly be appointed.
4. For certain appointments under the Minister for the Civil
Service, the Secretary of State forDefence or the Secretary of
State for Foreign and Commonwealth Affairs, other than
appointmentsin the Diplomatic Service, the relevant criteria above
may apply or particular requirements maybe prescribed.
1 If you hold dual nationality (i.e. you are a British citizen
and also a national of anothercountry), you should check whether
holding that second nationality could cause anyproblems. If you
want guidance on this, contact the Head of Recruitment, Foreign
andCommonwealth Office (PMD), London SW1E 5HE.
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1.1 Annex B: Civil Service Nationality Rules
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1.2 Working Arrangements1.2 Working Arrangements1.2.1
Departments and agencies have authority to determine for their own
staff part-time orother working arrangements, as alternatives to
full-time permanent appointments, subject tothe following
conditions.
Conditions
1.2.2 Departments and agencies must ensure that:
a. recruitment is in accordance with Section 1.1;
b. they consult Civil Service Pensions Division, Cabinet Office
(OPS) to determinewhether and how the Principal Civil Service
Pensions Scheme applies;
c. they take legal advice about such matters as letters of
appointment and whethercontinuity of service is likely to be
established; and
d. terms and conditions (including pay) for part-time staff are
in proportion tothose for full-time staff.
Casuals
1.2.3 Casual staff have temporary appointments to meet short
term needs. Such appointmentsmay be made only where there is a
genuine need to employ people for a short period, andmust be for
less than 12 months. In exceptional circumstances a casual
appointment may beextended for a period up to a maximum of 24
months.
1.3 Probation1.3 Probation1.3.1 Departments and agencies have
authority to determine whether staff (other than recruitsto the
Fast Stream Development Programme) should be required to serve a
period of probationand the terms of that probation. Any period of
probation must not exceed 2 years.
1.4 Letters of Appointment andInformation on Pensions1.4 Letters
of Appointment andInformation on PensionsLetters of appointment
1.4.1 Sections 1 to 7 of the Employment Rights Act 1996 give
most employees, includingcivil servants, the right to receive a
written statement of their main terms and conditions withintwo
months of starting work. Departments and agencies must therefore
provide such a statementto staff covered by the Act. The contract
fulfils this need for members of the Senior CivilService.
1.2 Working Arrangements
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Information on Pensions
1.4.2 New entrants must be provided with copies of the following
explanatory booklets abouttheir pension position (preferably with
their letter of appointment and within two months ofstarting
work):
a. Your Pension Scheme benefits explained; and
b. Your Pension, setting out the available choices:
membership of the Principal Civil Service Pension Scheme
(PCSPS); or
opting out of the PCSPS in favour of the State Earnings Related
PensionScheme or personal pension arrangements.
1.4.3 New entrants must be made aware on or prior to entry of
the time limits governingtransfers of their existing pension rights
into the PCSPS by providing them with a copy ofthe booklet
Transferring your Pension Rights into the Principal Civil Service
Pension Scheme.The fact and the date of the provision of this
information must be noted on the officerspersonal file.
1.5 Fast Stream DevelopmentProgramme1.5 Fast Stream
DevelopmentProgramme1.5.1 The Administrative, European, Economist,
Statistician, and Science and EngineeringFast Stream Development
Programmes provide training and development for people who canbe
expected to achieve rapid promotion off the programme (in
accordance with departmentsown grading procedures) and have the
potential to progress to at least the entry level of theSenior
Civil Service before they retire.
Methods of entry and qualifications for appointment
1.5.2 Entry is by open recruitment or in-service nomination
(Administrative, European, andScience and Engineering Fast Streams
only). Departments and agencies may also assess internalcandidates
for selection to the Fast Stream Development Programme through
proceduresapproved by the Cabinet Office (OPS).
Central scheme: open recruitment
1.5.3 The minimum requirement to compete in the Administrative,
European and Economist(Cadet Economist) Fast Stream schemes is a
Second Class Honours Degree or equivalentqualification. This
requirement is waived for serving staff who have attained at least
juniormanagement level or its equivalents, and who have passed
their period of probation.
1.5.4 The minimum requirement for the Statistician, Economist
(Economic/Senior EconomicAssistant, Economic/Senior Economic
Assistant Europe), and Science and Engineering FastStream schemes
is a Second Class Honours Degree in a relevant subject. For the
Science andEngineering scheme this requirement is waived for
serving staff who have attained at leastjunior management level or
its equivalents, and who have passed their period of probation.This
waiver does not apply to the Statistician and Economist Fast Stream
schemes.
1.5 Fast Stream Development Programme
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Central scheme: in-service nomination
1.5.5 Serving staff may enter under the in-service nomination
arrangements for theAdministrative, European, and Science and
Engineering Fast Streams provided they arenominated by their
department or agency which can provide an annual report or
equivalentaid to assessment.
1.5.6 Nominees for the Administrative Fast Stream are exempt
from the normal degreerequirement and the pre Civil Service
Selection Board stages but are normally expected tohave completed
two years service. Nominees for the Science and Engineering Fast
Stream neednot fully meet the educational requirements if they have
at least two years service. Candidatesfor the European Fast Stream
must have a degree (of any class) in order to meet the
degreerequirements of the European Institutions.
Departmental or agency assessment
1.5.7 Departments and agencies may assess internal candidates
for the Administrative FastStream. In the interests of ensuring
consistent standards, departmental and agency assessmentprocedures
must be checked and approved by Fast Stream and European Staffing
Division,Cabinet Office (OPS) as being equivalent in thoroughness
and standard to the central assessment.
Age limits for the European Fast Stream
1.5.8 With minor exceptions, candidates for the European Fast
Stream must be 31 or underin order to allow for the age limits
imposed by the European institutions.
Appointment
1.5.9 Departments and agencies are responsible for determining
the pay and grading of theirFast Stream recruits - with the
exception of the European Fast Stream where responsibilityrests
with the Cabinet Office (OPS). Appointments to the central scheme
are made on therecommendation of the Final Selection Board.
Candidates for the Administrative Fast Streamwho demonstrate that
they can undertake a range of responsibilities at the level to
which FastStream appointees would normally expect to be promoted
may exceptionally be recommendedfor appointment at that level. In
the European Fast Stream this is possible only for qualifiedlawyer
candidates.
1.5.10 Fixed term appointments are not appropriate for members
of the Fast StreamDevelopment Programme.
Probation
1.5.11 Recruits to the Fast Stream Development Programme must
serve a probationary periodset by their department or agency
(usually 2 years). Fast Stream and European Staffing
Division,Cabinet Office (OPS) must be consulted before determining
the probation period of EuropeanFast Streamers.
1.5.12 Where an external appointee no longer demonstrates the
potential for early promotionoff the programme - and ultimately to
the entry level of the Senior Civil Service - departmentsand
agencies may terminate the appointment, or offer an appointment at
another level providedthat the normal standard of entry to that
level is met. Internal appointees who fail the probationperiod will
revert to their former status or, if appropriate, be employed at
any other level for
1.5 Fast Stream Development Programme
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which the normal standards of entry are met in line with the
relevant pay and gradingarrangements. Departments and agencies
should ensure that recruits are advised on appointmentof the
consequences of failing probation.
Failure to reach the standard for promotion
1.5.13 Places on the Fast Stream Development Programme are time
limited. Appointeeswho pass their probation but fail within 4 years
of completing probation, to demonstratethe potential for which they
were selected should be removed from the Fast StreamDevelopment
Programme. Only in exceptional circumstances (e.g. where secondment
hastaken staff out of the Civil Service reporting system, or where
no vacancies for promotionhave arisen) should anyone continue on
the Fast Stream Development Programme for morethan 4 years after
completion of probation. Departments and agencies must ensure
thatrecruits are advised on appointment of the consequences of
failing to reach the standardfor promotion.
1.6 Appointment and Management ofSpecialists1.6 Appointment and
Management ofSpecialists1.6.1 In some areas, Heads of Profession,
supported by central management units, have beenappointed by the
Head of the Home Civil Service to supervise the well-being of their
respectiveservices, to provide central management of the
individuals within them, and to ensure thatthe Civil Service
obtains maximum benefit from its employment of specialists.
Departmentsand agencies may choose to participate in these
arrangements when appointing relevantprofessional staff. If they
do, they must agree with the appropriate central management unithow
the recruitment and career development of such staff will be
handled.
1.7 Re-appointment: Reinstatementand Re-employment1.7
Re-appointment: Reinstatementand Re-employment1.7.1 Departments and
agencies have authority to determine arrangements for
there-appointment of staff following an earlier period of
employment in the Civil Service whichsatisfies article 6(1)(d) of
the Civil Service Order in Council 1995 (see Introduction, AnnexA),
and paragraphs 2.18 to 2.20 of the Commissioners Recruitment Code
(see Section 1.1Annex A), subject to the following conditions.
Conditions
1.7.2 Unless specified at the date of resignation, there is no
entitlement to re-appointment.Specific arrangements apply to staff
who return:
a. after service with the European Institutions (Section
10.4);
b. after service with HM Forces. In this case arrangements would
be based on theReserve Forces (Safeguard of Employment) Act 1985;
or
c. following Parliamentary candidature (Section 4.4).
1.7 Re-appointment: Reinstatement and Re-employment
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1.7.3 Departments and agencies must ensure that:
a. applicants were selected for their former appointments in
accordance with CivilService recruitment procedures operating at
that time;
b. where an applicant was previously retired on medical grounds,
the approval ofthe OHSA is obtained; and
c. the Paymaster is notified when a civil service pensioner is
re-appointed.
1.7.4 Former civil servants serving on Government committees but
doing no other civil servicework must be treated as office holders
and not as re-appointments to the Civil Service.
1.8 Conditional (Health)Appointments1.8 Conditional
(Health)Appointments1.8.1 Departments and agencies