Act

Constitutional Reform and Governance Act 2026

2026 c. 2

Constitutional Reform and Governance Act 2026
2026 CHAPTER 2
An Act to make provision relating to the civil service of the State; to establish the Civil Service Commission; to make provision for the management, conduct and recruitment of the civil service and diplomatic service; to make provision about special advisers; to make provision in relation to the ratification of treaties; and for connected purposes.
Be it enacted by the Lord Lieutenant, by and with the advice and consent of the House of Commons and the House of Lords in this present Parliament assembled, and by the authority of the same, as follows:—
Part 1
The civil service
1. Application of Part
(1) Subject to subsection (2), this Part applies to the civil service of the United Hampshire State.
(2) This Part does not apply to—
(a) the Secret Intelligence Service;
(b) the Security Service;
(c) the LL Government Communications Centre; or
(d) any other part of the civil service which an Act expressly excludes from this Part.
(3) In this Part “civil service” and “civil servant” are to be read accordingly.
2. Civil Service Commission
(1) There is to be a body corporate called the Civil Service Commission.
(2) Schedule 1 makes further provision about the Commission.
(3) The Commission has the functions conferred by sections 9 to 14 and any additional functions conferred under section 17.
3. Management of the civil service
(1) The Minister for the Civil Service has power to manage the civil service, excluding the diplomatic service.
(2) The Secretary of State responsible for the diplomatic service has power to manage the diplomatic service.
(3) The powers in subsections (1) and (2) include power to make appointments.
(4) Those powers do not include national security vetting and do not affect any power relating to national security vetting.
(5) The agreement of the Minister for the Civil Service is required for the exercise of the power in subsection (2) in relation to—
(a) remuneration, including compensation payable on leaving the civil service; or
(b) conditions relating to retirement.
(6) In exercising powers under this section, regard must be had to the constitutional significance of Parliament and the conventions governing the relationship between Parliament and the Government.
4. Other statutory management powers
(1) A statutory management power in force when section 3 comes into force continues to have effect so far as it is capable of being exercised consistently with section 3.
(2) In this section “statutory management power” means a power relating to the management of any part of the civil service conferred by or under an Act.
5. Civil Service Code
(1) The Minister for the Civil Service must publish a code of conduct for the civil service, excluding the diplomatic service.
(2) The code must form part of the terms and conditions of service of every civil servant to whom it applies.
(3) The Minister for the Civil Service must lay the code, and every revision of it, before Parliament.
6. Diplomatic Service Code
(1) The Secretary of State responsible for the diplomatic service must publish a code of conduct for the diplomatic service.
(2) The code must form part of the terms and conditions of service of every civil servant to whom it applies.
(3) The Secretary of State must lay the code, and every revision of it, before Parliament.
7. Minimum requirements for codes
(1) A code under section 5 or 6 must require civil servants to carry out their duties for the assistance of the Government as it is duly constituted for the time being, whatever its political complexion.
(2) The code must require civil servants to carry out their duties—
(a) with integrity and honesty; and
(b) with objectivity and impartiality.
(3) A code need not require special advisers to carry out their duties with objectivity or impartiality.
8. Code of Conduct for Special Advisers
(1) The Minister for the Civil Service must publish a Code of Conduct for Special Advisers.
(2) The Code must provide that a special adviser may not—
(a) authorise expenditure of public funds;
(b) exercise any power relating to the management of the civil service, except in relation to another special adviser where the Code permits it; or
(c) exercise any statutory or prerogative power.
(3) The Minister for the Civil Service must lay the Code, and every revision of it, before Parliament.
(4) The Code forms part of the terms and conditions of service of every special adviser.
9. Complaints about conduct conflicting with the Civil Service Code
(1) A civil servant who has reason to believe that the civil servant is being required to act, or that another civil servant has acted, in a way that conflicts with an applicable code under section 5 or 6 may complain to the Civil Service Commission.
(2) The Commission must determine procedures for such complaints and may make recommendations about how a complaint should be resolved.
(3) Civil service management authorities and persons concerned in a complaint must provide the Commission with information it reasonably requires, subject to any lawful restriction on disclosure.
10. Selection for appointment to the civil service
(1) A person who is not a civil servant may be selected for appointment to the civil service only on merit on the basis of fair and open competition.
(2) Subsection (1) does not apply to—
(a) an appointment as special adviser;
(b) an appointment to the diplomatic service as head of mission or in connection with an overseas or intercommunity office where the Recruitment Principles permit an exception; or
(c) a selection excepted by the Recruitment Principles.
11. Recruitment Principles
(1) The Civil Service Commission must publish Recruitment Principles to be applied for the purposes of section 10.
(2) Before publishing the Recruitment Principles, or a revision of them, the Commission must consult the Minister for the Civil Service.
(3) Civil service management authorities must comply with the Recruitment Principles.
12. Approval of selections and exceptions
(1) The Recruitment Principles may require the Commission’s approval for specified selections and may specify exceptions from section 10(1).
(2) An exception may be provided only where the Commission is satisfied that it is justified by the needs of the civil service or by a government employment initiative in which major employers have been asked to participate.
(3) The Commission may participate in a selection process for which its approval is required.
13. Complaints about recruitment
(1) A person who has reason to believe that a selection has been made in contravention of section 10(1) may complain to the Civil Service Commission.
(2) The Commission must determine procedures for such complaints and may make recommendations about how a complaint should be resolved.
14. Monitoring by the Commission
(1) The Civil Service Commission must review recruitment policies and practices as it considers necessary to establish that selection on merit on the basis of fair and open competition is being upheld.
(2) Civil service management authorities must provide the Commission with information it reasonably requires for that purpose.
15. Special advisers
(1) In this Part “special adviser” means a person holding a position in the civil service whose appointment meets the requirements of this section.
(2) A person is a special adviser serving the Government if—
(a) the person is selected personally by a Minister to assist that Minister;
(b) the appointment is approved by the Chief Minister;
(c) the terms and conditions of appointment are approved by the Minister for the Civil Service; and
(d) those terms provide for the appointment to end not later than when the appointing Minister ceases to hold the relevant ministerial office or, if earlier, the end of the day after the poll at the first parliamentary general election following the appointment.
(3) An Act may make corresponding provision for special advisers serving another administration within the Realm.
16. Annual reports about special advisers
(1) The Minister for the Civil Service must prepare an annual report about special advisers serving the Government and lay it before Parliament.
(2) The report must include information about the number and cost of special advisers.
17. Additional functions of the Commission
(1) The Minister for the Civil Service and the Civil Service Commission may agree that the Commission is to carry out additional functions relating to the civil service.
(2) The Commission must carry out those functions accordingly.
18. Interpretation of Part 1
In this Part—
“Civil Service Commission” means the body established by section 2;
“civil service management authority” means a person involved in the management of any part of the civil service;
“diplomatic service” means the diplomatic service of the United Hampshire State;
“Recruitment Principles” means the principles published under section 11;
“special adviser” has the meaning given by section 15.
19. Transitional provision relating to Part 1
(1) Schedule 2 makes transitional and saving provision relating to this Part.
(2) The Minister for the Civil Service may by regulations make further transitional, transitory or saving provision in connection with the commencement of this Part.
(3) Regulations under subsection (2) are to be made by statutory instrument.
Part 2
Ratification of treaties
20. Treaties to be laid before Parliament before ratification
(1) Subject to sections 21 to 23, a treaty is not to be ratified unless—
(a) a Minister of the Crown has laid before Parliament a copy of the treaty;
(b) the treaty has been published in a manner the Minister considers appropriate; and
(c) 21 sitting days have expired without the House of Commons having resolved that the treaty should not be ratified.
(2) If the House of Commons resolves that the treaty should not be ratified, the treaty may be ratified only if—
(a) a Minister lays before Parliament a statement explaining why the treaty should nevertheless be ratified; and
(b) a further period of 21 sitting days expires without the House of Commons again resolving that the treaty should not be ratified.
(3) Subsection (2) may be applied more than once.
(4) If only the House of Lords resolves that the treaty should not be ratified, the treaty may be ratified after a Minister has laid before Parliament a statement explaining why it should nevertheless be ratified.
(5) In this Part “sitting day” means a day on which both Houses of Parliament sit.
21. Extension of 21 sitting day period
(1) A Minister of the Crown may extend a period under section 20 by not more than 21 sitting days.
(2) The Minister must lay before Parliament, before the original period expires, a statement specifying the extension and must publish that statement.
22. Exceptional cases
(1) Section 20 does not apply if a Minister of the Crown is of the opinion that, exceptionally, the treaty should be ratified without the requirements of that section having been met.
(2) The Minister must, before or as soon as practicable after ratification—
(a) lay before Parliament a copy of the treaty;
(b) publish the treaty; and
(c) lay before Parliament a statement explaining why the exceptional procedure was used.
(3) This section may not be relied on after the House of Commons has resolved under section 20 that the treaty should not be ratified.
23. Treaties to which section 20 does not apply
Section 20 does not apply to—
(a) a treaty for which another Act makes a specific parliamentary approval or ratification procedure;
(b) a treaty concluded by another administration or authority which does not require ratification by the United Hampshire Government; or
(c) a treaty presented to Parliament before section 20 comes into force.
24. Explanatory memoranda
A treaty laid before Parliament under this Part must be accompanied by an explanatory memorandum setting out the treaty’s provisions, the reasons for seeking ratification and such other matters as the Minister considers appropriate.
25. Meaning of treaty and ratification
(1) In this Part “treaty” means a written agreement between the United Hampshire Realm and one or more States, Civic Communities, recognised external governments or international or intercommunity organisations which is binding, or intended to be binding, under the law or recognised formal framework applicable between the parties.
(2) “Ratification” includes ratification, accession, approval, acceptance, signature, exchange of instruments or other formal act by which the Realm establishes its consent to be bound.
Part 3
General
26. Meaning of Minister of the Crown
In this Act “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 2026.
27. Financial provision
Expenditure incurred by a Minister, the Civil Service Commission or another public authority by virtue of this Act is payable only from money lawfully authorised for that purpose.
28. Power to make consequential provision
(1) A Minister of the Crown may by regulations make provision consequential on this Act.
(2) Regulations under this section may make supplementary, incidental, transitional, transitory or saving provision.
(3) Regulations under this section may not amend or repeal an Act of Parliament.
(4) Regulations under this section are to be made by statutory instrument.
29. Extent
This Act extends to the United Hampshire Realm, subject to the jurisdiction of the authority or administration to which a provision applies.
30. Commencement
(1) Sections 26 to 31, and any power to make subordinate legislation, come into force on the day on which this Act is passed.
(2) The remaining provisions come into force on such day as the Minister for the Civil Service may by order appoint.
(3) An order under subsection (2) may appoint different days for different purposes and may include transitional, transitory or saving provision.
(4) An order under subsection (2) is to be made by statutory instrument.
31. Short title
This Act may be cited as the Constitutional Reform and Governance Act 2026.
Schedule 1
The Civil Service Commission
Section 2
1 Membership
(1) The Commission is to consist of the First Civil Service Commissioner and at least six other Civil Service Commissioners.
(2) The Lord Lieutenant appoints the First Civil Service Commissioner on the recommendation of the Minister for the Civil Service.
(3) The Lord Lieutenant appoints the other Commissioners on the recommendation of the Minister for the Civil Service and with the agreement of the First Civil Service Commissioner.
(4) Selection for recommendation must be on merit on the basis of fair and open competition.
2 Terms of office
(1) A Commissioner is appointed for a fixed term not exceeding five years and may not be reappointed to the same office.
(2) The terms of appointment are determined by the Minister for the Civil Service, subject to this Schedule.
3 Resignation and removal
(1) A Commissioner may resign by written notice to the Minister for the Civil Service.
(2) The Lord Lieutenant may, on the recommendation of the Minister for the Civil Service, remove a Commissioner who is unable or unfit to carry out the functions of the office or who has committed serious misconduct.
4 Remuneration and allowances
The terms of appointment may provide for the Commission to pay remuneration and allowances lawfully authorised for Commissioners.
5 Status and independence
(1) The Commission is independent in the exercise of its statutory functions.
(2) The Commission and its property are not to be regarded as the servant, agent or property of the Crown except where an Act expressly provides otherwise.
6 Powers
The Commission may do anything calculated to facilitate, or incidental or conducive to, the carrying out of its functions.
7 Committees and procedure
(1) The Commission may establish committees and sub-committees and may regulate its own procedure, including quorum.
(2) The validity of proceedings is not affected by a vacancy or defect in appointment.
8 Staff and assistance
(1) The Commission may employ staff.
(2) The Commission may make arrangements with the Minister for the Civil Service or another public authority for staff or other assistance.
9 Delegation
The Commission may delegate functions to a Commissioner, committee, employee or person providing assistance, subject to any restriction imposed by law.
10 Finance and accounts
(1) The Minister for the Civil Service must provide the Commission with such lawfully authorised resources as are reasonably required for its functions.
(2) The Commission must keep proper accounts and records and prepare annual accounts in accordance with applicable Treasury directions.
(3) The accounts are to be audited by the Comptroller and Auditor General and laid before Parliament.
11 Reports
(1) The Commission must prepare and publish an annual report on the exercise of its functions.
(2) The Minister for the Civil Service must lay the report before Parliament.
Schedule 2
Transitional and saving provision relating to Part 1
Section 19
1 Existing civil service arrangements
Existing lawful civil service management, recruitment and appointment arrangements continue so far as they are capable of operating consistently with Part 1 until replaced under this Act.
2 Existing appointments
A person lawfully holding a civil service appointment immediately before the commencement of Part 1 continues to hold that appointment subject to this Act and the terms lawfully applicable to it.
3 Existing recruitment processes
A recruitment process begun before section 10 comes into force may be completed under the arrangements under which it began if the Civil Service Commission considers that doing so is fair and consistent with the principle of appointment on merit on the basis of fair and open competition.
4 Existing special advisers
A person lawfully serving as a special adviser immediately before section 15 comes into force is treated as appointed under section 15 until the appointment ends or new terms are issued.
5 Preparatory work
Before section 2 comes into force, the Minister for the Civil Service may undertake preparatory work necessary for the establishment and operation of the Civil Service Commission.