Schedule 2: Consequential amendments and transitional provision relating to Part 1
Part 1: Consequential amendments
115.Paragraphs 1 to 18 make amendments to various Acts to change references to the “Home Civil Service” and the “Civil Service Commissioners” to reflect the new terminology in this Act. Paragraphs 9 and 15 make clear that Scottish and Welsh Ministers’ existing powers to manage and appoint to the Civil Service will be exercisable under the Act and the management powers will continue to be delegable to Scottish and Welsh Ministers under the Civil Service (Management Functions) Act 1992.
Part 2: Consequential amendments to other legislation
116.Paragraphs 19 and 20 revoke the Civil Service Order in Council 1995, the Diplomatic Service Order in Council 1991 and all amending Orders in Council.
117.Paragraphs 21 to 24 amend subordinate legislation to change references to the “Home Civil Service” or the “Civil Service Commissioners”.
Part 3: Transitional provision relating to the Civil Service Commission
118.Paragraphs 25 to 37 make transitional provision relating to the Civil Service Commissioners who operated under the prerogative (“the old Commission”).
119.Paragraph 26 provides for the First Civil Service Commissioner in the old Commission to become the First Civil Service Commissioner in the statutory Civil Service Commission (“the new Commission”) when it becomes operational. The First Civil Service Commissioner who moves to the new Commission on this basis will be entitled to hold office for the remaining period of their original appointment. For example, where the serving First Civil Service Commissioner has been appointed for a five year term, and has served two years at the time the new Civil Service Commission becomes operational, he or she will be entitled to remain in office for a further three years, making a total period of appointment of five years. The other terms of the original appointment will continue to apply, unless the individual concerned agrees different terms.
120.Paragraph 27 makes provision to restrict the period of office of the First Commissioner where that person was previously head of the old Commission. The aggregate of time the individual concerned served as First Civil Service Commissioner in the old Commission, and as First Commissioner in the new Commission, must not exceed a total of five years.
121.Paragraph 28 provides for Commissioners who hold office in the old Commission immediately prior to the establishment of the Commission to become Commissioners in the new Commission when it becomes operational. A Civil Service Commissioner who moves to the new Commission on this basis will be entitled to hold office for the remaining period of their original appointment. For example, where the serving Civil Service Commissioner has been appointed for a three year term, and has served two years at the time the new Civil Service Commission becomes operational, he or she will be entitled to continue to serve as a Commissioner for a further year, making a total period of appointment of three years. Under these transitional arrangements, the other terms of the original appointment will continue to apply, unless the individual concerned agrees to different terms.
122.Paragraph 29 makes provision to restrict the period of office of a Commissioner where that person was previously a Commissioner in the old Commission. The aggregate of time the individual concerned served as a Civil Service Commissioner under the old arrangements, and as a Civil Service Commissioner in the new Commission, must not exceed a total of five years. Paragraph 29(4) contains an exception from that in respect of the Commissioner for Public Appointments who currently holds office as a Civil Service Commissioner on an ex officio basis.
123.Paragraphs 31 to 36 provide that certain functions that the old Commission are performing when the provisions are commenced can be continued by the Civil Service Commission and for property, rights and liabilities to transfer as appropriate to the new Commission.
124.Paragraph 37 establishes that in the period between the passing of the Act and the new Civil Service Commission becoming operational, the serving First Civil Service Commissioner and the other serving Civil Service Commissioners in the old Commission may undertake functions conferred on the new Civil Service Commission by the Act, on behalf of the new Commission.
Part 4: Other transitional provision
125.Paragraphs 38 and 39 preserve actions done under existing prerogative powers including decisions to appoint civil servants who will continue to hold their positions under the new power contained in section 3.
126.Paragraph 40 provides for the parts of the civil service of the State expressly excluded from the provisions in Chapter 1 of Part 1 to be managed under existing prerogative powers and preserves the positions of those civil servants.
127.Paragraphs 41 and 42 provide that any persons appointed under an exception to the principle of selection on merit following fair and open competition permitted by the old Commission are not to be treated as civil servants unless the Commission provides otherwise in the recruitment principles.
128.Paragraph 43 makes transitional provision in relation to special advisers appointed before this paragraph comes into force.
