Professional Documents
Culture Documents
conduct
DstIIDMSIHRlP038
20
March 2002
Authorisation :
Author : H.Skelton
(HR Director)
Authonsed : S.Mepham
(DIRBP)
Approval signatures are held on the
master copy
The procedure implements the Dstl policy for people and the associated
requirements of the Dstl Policy Manual (reference 1).
3. Responsibilities
8. Dstl procedure for the management of drugs and alcohol Dstl/DMS/H R/P 197
9. Dstl procedure for restoring efficiency Dstl/DMS/HR/P039
10 Application for permission to publish DstIIDMS/SY/Form199
11 .Dstl procedure for managing security related disciplinary DstUDMS/SY/P214
offences
12 Dstl procedure for the protection of inventions and other Dstl/DMSIFIN/P111
intellectual property
Procedure
s. Overview
6 1 Dstl is part of the Ministry of Defence and its employees are civil servants They
are to be honest and impartial in the performance of their work and refrain from
using their official position in their private lives, to further their own interests or
those of others . The standards of personal behaviour expected of civil servants are
embodied in the Civil Service Code (Annex A)
" 62 Civil servants may be vulnerable to the suspicion that there is a conflict between
their official work and their private interests If, for example, acceptance of gifts or
hospitality were challenged by Parliament, the media or the public we would need
to show that acceptance both furthered the Government's or the taxpayer's interest
and involved no reasonable suspicion that personal judgement or integrity had
been compromised
6 3 The frequent contacts that many Dstl employees have with the public and in
particular outside industry make it all the more important that employees maintain a
high standard of conduct and are above reproach The purpose of this procedure
and this supporting information is to help managers and Dstl to be able to refute
any suspicions or possible allegations about the conduct of its employees
64 The procedure
" outlines the principles that govern the high standards of personal behaviour
Dstl requires from its employees
" applies to those employees who wish to undertake activities which are not part
of their official duties and which might conflict (or appear to conflict) with their
work for Dstl Responsibility for approval of these activities lies with the line
manager .
" covers the retention of gifts, payment or hospitality received from outside
organisations or overseas governments
7. Personal behaviour
The Civil Service sets itself high standards of conduct that go beyond normal
standards of behaviour . In view of their special position as public servants, Dstl
employees are expected to accept certain limitations and rules set out in this
document Failure to observe these rules can lead to disciplinary action in
accordance with the Dstl procedure for discipline (reference 2).
7.1 General behaviours
7 .1 1 Dstl expects employees at all levels to abide by these rules of personal behaviour.
In view of their special position as civil servants, employees' standards of
behaviour should be above what is accepted as the norm in commercial
7.31It is government policy to encourage the transfer into the private sector of
technologies developed in government organisations Employees who wish to
participate in joint ventures or who wish to exploit a Dstl technology in this way
must first acquire the approval of the Director Operations
S 7 3 2 Should ventures of this kind involve the transfer of any current work, employees
and managers should be mindful of the Transfer of Undertakings (Protection of
Employment) Regulations 1981 (TUPE) legislation, and seek advice from HR
Corporate
7 3 3 Director Operations will be responsible for ensuring that Dstl's and the taxpayer's
interests are protected . However, all parties involved must ensure that any
ventures of this kind comply with Cabinet Office guidelines issued in this regard
over and above the Civil Service Code. Advice can be sought from HR Corporate
7.4 Requirements for other matters of personal behaviour
7.41 Surveys
Civil servants are prohibited from taking part in their official capacity m surveys or
research projects, even if it is not attributable, if they deal with attitudes or opinions
on political matters or matters of policy .
7.4 2 Official Secrets Act
All Dstl employees are bound by the Official Secrets Act. It is an offence to give any
information to a person unauthorised to receive it by whatever means, e g
conversation, writing, newspaper articles, books or pamphlets .
7 4.3 Security breaches
Employees are to ensure that they comply with the security regulations that are in
operation at their site and area of work. Suspected security breaches will be
investigated and action may be taken in accordance with the Dstl procedure for
managing security related disciplinary offences (reference 11)
7 .4 4 Safety Regulations
Employees are to familiarise themselves and comply with all the safety regulations
that apply to their job and the area in which they work.
7 4 5 Fraud
An employee who commits a fraudulent act is liable to disciplinary action, including
criminal prosecution and dismissal, even for a first offence . Fraud is defined as any
manipulation of an accounting system or deception of the supply system to enable
public money or materials to be misappropriated .
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7 .4 .6 Reporting of arrests and prosecutions
Employees must report to their line manager the details of any arrest, charge or
conviction made against them by the civil power (except minor traffic offences, i e.
one that does not attract a penalty of imprisonment or suspension of a driving
licence) . They must also report the facts of any conviction that follows Failure to
report these incidents will make him/her liable to disciplinary action that may
include dismissal
7.4 7 Change of personal information
Employees must notify their line manager of any changes to their personal data
(including home contact address, telephone number and next of kin). The
nomination of any person as next of kin has no legal effect on the distribution of
monies due to an employee's estate from Dstl, in the event of his death .
7 4 8 Change of co-habitee (spouse/partner)
Employees must inform their line manager of a spouse or partner with whom they
live. Any change must be notified to their line manager, who will then notify the
Defence Vetting Agency (DVA) at York for a re-vet on co-habitation. The death of a
spouse, or partner with whom they live, must also be notified as well as divorce
from a spouse
7 4 9 Marriage with non-naturalised foreigners (aliens)
Employees who propose to marry aliens must notify their line manager, giving
nationality, date of birth etc, following the same procedure as in 7 4 8 above
7 .4 10 Renouncing British nationality
Employees must notify their line manager of any intention to renounce British
nationality Line managers should then seek advice from Dstl Security Branch
7 .4.11 Absence from work
Any authorised absence from duty must be annual leave, time off in lieu, flexitime
leave, sick leave or special leave Leave is approved in accordance with the Dstl
procedure managing attendance and absence (reference 6) either before it takes
place or, in agreement with their line manager, during absence Failure to notify
absence will be considered as unauthorised absence
7 .4.12 Timekeeping
All employees must arrive and depart from their place of work at the times agreed
with their line manager. The baseline full time hours are 37 net (42 hours gross) . A
timekeeping standard must be set which is known to all employees, with this
standard being applied consistently
7 .4 13 Negligence
Negligence arises from a failure by the employee to exercise reasonable care in
his/her work. It is only a disciplinary offence if it is considered to be culpable .
7 .4.14 Refusal to obey a reasonable instruction
It is the responsibility of all employees to carry out a reasonable instruction Failure
to do so must include an element of wilful disobedience to be a disciplinary offence .
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Dstl procedure for conduct
7.4.15 Insubordination
Employees must not be deliberately disrespectful to senior colleagues. If this is
combined with a refusal to obey instructions, then the offence is more serious .
7.4 .16 Intoxication (alcohol/drugs)
Employees must ensure that they are not unfit for duty as a result of the effects of
alcohol or drugs . Disciplinary action, which may include dismissal . would normally
be appropriate for employees found intoxicated during working hours or on official
premises; in some jobs even a modest level of intoxication will -adversely affect
safety.
7 4 17 Smoking
It is Dstl policy that employees must not smoke in places where it is prohibited
Where special processes are undertaken, local procedures may forbid the
possession of flammable materials in certain areas e g. cigarette lighters, matches
etc
7 .4 18 Loss or damage to public property
Employees must not cause loss or damage through carelessness, negligence,
wanton act or breach of instructions
7 4 19 Waste or embezzlement of stores and misuse of labour
It is the duty of all employees to prevent wasteful expenditure or embezzlement of
stores or materials or the unauthorised or improper employment of labour,
equipment or materials Any employee who is aware of such abuse must report it to
an appropriate senior manager
Employees are not to make or repair, or cause to be made or repaired on official
premises any article that is for private use.
Employees are not to be employed on private errands/work in official time
7 4 20 Waste of time
Employees are not to loiter, idle, or leave work without authority before the
authorised finishing time or falsify an attendance record
7 4.21 Private use of official facilities
Employees are not to use official stationery for private purposes and must not carry
out private correspondence during official time So far as is possible, employees
must avoid having private correspondence addressed to them at work Dstl cannot
accept liability for the loss or delay of private correspondence sent through the
official communication system Employees are allowed to make short, essential
private telephone calls but the privilege must not be abused . Occasional and
reasonable personal use of the Dstl e-mail system is permitted provided that this
does not interfere with the performance of official duties
7 .4.22 Bankruptcy or insolvency
An employee who becomes bankrupt or insolvent must report the circumstances to
his/her line manager. If the circumstances indicate that the employee has
committed an act of dishonesty or acted discreditably, he may be liable to
disciplinary action which may include dismissal
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7 4.23 Notices and meetings
No notices may be displayed and no private meeting may be held on official
premises without the permission of the Site Director/Senior Site Representative .
The committee of any organisation using official premises will be held responsible
for its proper use, and compensation for any damage that may occur, and for the
payment for any levied charges.
7 4.24 Firearms
Any employee found in unauthorised possession of firearms or articles of an
explosive nature on a Dstl site is liable to disciplinary action that may include
dismissal,
7 4 .25 Solicitation of outside influence to support personal claims
Employees must not attempt to bring political or other outside influence to support
a personal claim as a civil servant . The rule does not override any statutory rights
of complaint conferred by the law, nor does it restrict the right of an employee to
approach his Member of Parliament The object is to preclude special concessions,
which are not available to others An employee dissatisfied on a personal matter
should follow the Dstl grievance procedure (reference 4)
7 4 26 Prohibited and smuggled goods
Prohibited and smuggled goods are not to be landed, secreted or received into any
Dstl premises or vehicle. Any articles liable for duty must be handled in accordance
with the procedures laid down by HM Customs
7 4 27 False statements
Employees must not knowingly render any false statement e g on expense claims,
such acts may lead to prosecution and disciplinary action, which may include
dismissal
7 4 .28 Passports
All employees must use the designation 'Government Service' In the application for
a passport, whether for official or private purposes
7 4 29 Travel to or through communist countries
An employee contemplating a visit to or through a communist country should notify
his/her line manager who should ask Dstl Security branch for advice, as some (not
all) such countries require certain procedures to be taken
7.5 Matters of conscience
7.5 1 Where a Dstl employee believes that he or she is being required to act in a way
that is:
" Illegal, improper or unethical;
" in breach of constitutional convention,
" may involve maladmlnistration ;
" inconsistent wlth the Civil Service Code ;
" raises a fundamental issue of conscience .
he or she should raise the matter with his/her line manager in accordance with the
Dstl grievance procedure (reference 4) In the event that the matter involves some
8.1 General
8 .1 .1 If an employee wishes to carry out any of the following types of activities (or similar
activities), he/she must seek prior written consent from his/her line manager
" Political activities
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" Business or academic activities
" Media activities
" Service in reserve or auxiliary forces
" Paid employment outside working hours
8.1 .2 Under the terms of the Employment Rights Act 1996, employers are obliged to
grant reasonable time off for public duties, e.g approval may be given for an
employee to serve as a Justice of the Peace Up to 18 days paid special leave per
annum may be granted for this activity
8.1 .3 Approval may be given to employees wishing to become Special Constables or
Retained Firemen . There is a need to be aware of the possibility of employees
being called out in an emergency, for which annual leave or special leave without
pay should be taken .
8 1 .4 There are a number of activities that are forbidden on official premises :
betting or gambling, unless approval has been sought and given to hold
lotteries or sweepstakes for Dstl (or MOD) charitable or fund raising purposes,
undertaking, either as a an agent or principal, a money lending business, or
lending money to another employee as a matter of business,
the borrowing of money from subordinates (the borrowing of money from other
staff is discouraged),
private trading for personal gain or in connection with private trading during
official hours or on official premises, including such activities as part-time
insurance agencies, unless on behalf of the Civil Service Insurance Society or
any other officially recognised bodies for which prior approval is required from
the Department Manager .
8.2 Political activities
821 Civil servants may be subject to restriction on their taking part in political activities
and require prior approval This stems from the general principle that civil servants
should not take part in any political or public activity which compromises, or might
reasonably be seen to compromise, their duties of impartial service under the Civil
Service Code
822 Civil servants are disqualified from election to Parliament and/or the Scottish
Executive, the National Assembly for Wales or the European Assembly. Employees
therefore must resign prior to adoption and/or nomination as a candidate or
prospective candidate for any of these institutions The rules for possible re-
instatement are contained in the Dstl rules and entitlements for reinstatement
(reference 3) .
8 2 3 The political activities which may be subject to restriction are as follows.
. at national level.
" holding office in a party political organisation which relates wholly or mainly
to party politics in the field of Parliament, the European Parliament or the
devolved legislatures (the Scottish Parliament, the National Assembly for
Wales and the Northern Ireland Assembly) ;
" speaking m public on matters of national political controversy ;
" expressing views on such matters in letters to the press, or in books,
articles or leaflets;
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" being announced publicly as a candidate or prospective candidate for
Parliament, the European Parliament or the devolved legislatures ;
" canvassing on behalf of a candidate for Parliament, the European
Parliament or the devolved legislatures or on behalf of a political party;
" at local level:
" candidature for, or co-option to, local authorities,
" holding office in a party political organisation relating wholly or mainly to
party politics at the local level ;
" speaking in public on matters of local political controversy, `
" expressing views on such matters in letters to the press, or in books,
articles or leaflets ;
" canvassing on behalf of candidates for election to local authorities or a
local political organisation
82 .4 Certain civil servants automatically fall into the 'politically restricted' category
" These include members of the Senior Civil Service or equivalent level, and those
below SCS level who occupy sensitive posts (see 8 2 9) where the political
impartiality of the Civil Service must be, and must be seen to be, beyond question .
Civil servants in the politically restricted category must not take part in the national
political activities listed above They may take part in the local political activities
listed above, but they must first seek permission from their line manager and must
comply with any conditions attached to that permission
825 Civil servants who fall into the 'politically unrestricted' category are those deemed
by their line manager, with the approval of the Minister for the Civil Service, to be
such for the purposes of the Servants of the Crown (Parliamentary etc
Candidature) Order 1987 (as amended) These tend to be junior or support staff.
'Those in the politically unrestricted category are free to take part in all national and
local political activities .
8 2.6 All other civil servants fall into the 'intermediate category' . Staff in the intermediate
category may take part in national or local political activities listed above, but they
must first seek permission from their line manager and must comply with any
conditions attached to that permission
8 .2 7 Staff on secondment to outside organisations or with leave of absence (paid or
unpaid) remain members of the Civil Service and thus subject to these rules
8 2 8 Permission should normally be .
" refused only where employees are employed in sensitive areas (see 8.2 9)
where the political impartiality of the Civil Service must be, and must be seen to
be, beyond question, and
" granted in all other circumstances . line manager must ensure that the
employees concerned are aware of the need to observe the standards of
conduct set out in 8 2 12 and the other rules governing the conduct of civil
servants, including those relating to official information .
8 2 9 Sensitive areas include .
" those engaged in policy assistance to Ministers ;
" those in private offices of Ministers or senior officials, or in areas politically
sensitive or subject to national security ;
" where employees are regularly required to speak for the Government or Dstl in
8 .3 .1 Dstl employees are not to indulge in private activities that may conflict with their
official responsibilities These include
" activities which require attendance during working hours or affect an
employee's job performance;
holding executive directorships or undertaking such work for other private or
public organisations ;
" working in an advisory role without prior approval, specially if it is in the
employee's own field of responsibility, has a connection with his/her job or is for
a company that has a contractual relationship with Dstl,
" undertaking work as an instructor at a technical institute if it adversely affects
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job performance To undertake work as a flying instructor or flying for a
commercial operator will require line manager approval,
" working for a foreign government without permission,
" holding office !n a professional association . Approval of office should be
dependent on the employee's maintaining reticence when discussing public
affairs, particularly those concerning Dstl Permission should be refused if there
is a conflict of interests between the association and the Government, or if
holding office impinges on official time or is inconsistent with the Civil Service
Code and rules.
8.3.2 Written approval from their line manager is needed by employees for all paid
employment outside working hours to ensure that
" the employee's work for Dstl is not impaired,
" the job is consistent with the employee's official position,
" official interests do not suffer;
" information and/or official experience !s not involved,
" no question of impropriety arises
Approval must be sought m cases where there is any doubt
A decision is made by the line manager based on the principles laid down m the
Civil Service Code (Annex A) The line manager confirms his/her decision in writing
and arranges for the employee's request, together with the decision, to be recorded
on the employee's personal file
Corporate matters concerning such aspects as IPR, Crown copyright, public
relations and legal issues that cannot be resolved by the line manager, should be
referred to the Head of Corporate Affairs for advice
83.3 Applications for publication or oral presentation !s to be made on the Application for
permission to publish (Form199 - reference 11). Employees are to submit the
application with the full text and any illustrations to their line manager for
endorsement The completed form must be passed to Intellectual Property
Department (IPD) for Intellectual Property Rights (IPR) clearance and onward
transmission to MOD Security (Science & Technology) for security clearance
8 .3 4 Employees appointed as non-executive directors to external organisations do not
represent Dstl but they are still expected to act in the best interests of Dstl . They
are advised to avoid any conflict of interest in any discussions concerning Dstl and
observe the right of confidentiality of both Dstl and the other company Fees
offered by the other company are not to be accepted
83 .5 Employees may not use their prior knowledge m the selling or buying of goods from
the Government The exceptions are sales occurring in the normal course of public
business (e g HMSO), and surplus stock on sale to the public provided that there
is no special knowledge gained through their official position or they are not
involved in the sale of the goods or buying goods for resale They should not
accept materials, including scrap, from contractors working on Dstl premises or
remove Dstl property without authorisation, including scrap, whatever its condition
or value
8 3.6 It is an offence under the Companies Act 1985, to use inside information to trade in
shares for profit or to avoid loss Shares may be held, but !f !n doubt about the
9.1 General
9 .1 1 Under the Prevention of Corruption Acts 1906 and 1916, it is an offence for civil
servants m their official capacity to accept any gift, inducement or reward, including
hospitality, for showing favour or disfavour to any person or organisation The onus
is on the person receiving the favour to prove that it was not received dishonestly
9.1 2 Dstl employees :
" acting in their official capacity should not give the impression that their conduct
both inside and outside Dstl with any person or organisation is influenced by
the receipt of gifts, rewards or hospitality or any other such consideration,
" should have regard to the circumstances in which they were made offers and
be aware that they may be obliged to return the favours. Employees need to
seek permission from their line manager before accepting such offers
9 1 3 How an employee reacts to an offer depends on the type of offer, the relationship
with the host and the circumstances in which the gift/payment or hospitality is
offered
" employees should not be seen to be acting in their own personal interests and
need to be careful that their behaviour cannot be misinterpreted,
" an employee should not give the impression that a gift or reward influences
their behaviour/judgement with any person or organisation,
" an offer of a bnbe or commission made by contractors or their agents, or by a
member of the public, or by another crown servant must be reported to the line
manager immediately
9 1 4 When considering the acceptance or rejection of gifts, payment or hospitality the
principles detailed in the Civil Service Code (Annex A) are to be applied .
9.2 Hospitality books
921 The acceptance of all gifts and hospitality by Dstl employees can sometimes be
subject to criticism . To demonstrate that an employee's conduct is honest, impartial
and in accordance with the principles detailed in Annex A, all offers of gifts,
payments or hospitality made in a management area, whether accepted or
declined, are to be recorded
9.2.2 To this end, managers of all operating units (especially those managers that have
contact with persons, companies or organisations holding or seeking to obtain
contracts with Dstl) are required to keep a Hospitality Book, which records all offers
of gifts and hospitality made to employees in the business area and whether they
were accepted or declined .
9 2 3 It is the responsibility of the line manager to ensure that an appropriate entry is
made. Each Hospitality Book is to be bound (not loose leaf) and filled in as offers
are made to show in respect of each offer .
9 .31 It is common practise for contractors and other organisations to offer hospitality .
When deciding whether to accept hospitality (Including invitations made to relatives
or associates) consider the circumstances in which the hospitality is offered (see
9 1 .2) Invitations made in a representational role (e g where the employee is
invited as a representative of Dstl) should be considered within the limits defined
below
" hospitality that includes overnight accommodation paid for by an organisation,
should not normally be accepted However, there may be exceptions where it is
appropriate to accept overnight accommodation where there is no convenient
alternative, and where the offer is in connection with an official visit,
" Invitations to lunch or dinner from other organisations may only be accepted for
the purpose of discussing business and where it is in the interests of Dstl,
. social invitations, including invitations to sporting events, from other
organisations should normally be declined unless it can be shown that it is in
the interests of Dstl;
. transport costs should not normally be accepted, as travel and subsistence
expenses are expected to cover such disbursement. Local transport (e g from
the nearest station to the company) may be used In exceptional circumstances
it may be appropriate to accept other offers of transport, where they form part of
the wider offer to an organisation's customers, and where the offer is in
connection with an official working visit In such cases travel and subsistence
expenses should not be claimed for that portion where travel and subsistence
has been provided
9.3 2 There is a clear distinction between offers of customary hospitality such as tea,
coffee, sandwiches or a modest working lunch (where the usual practice of
returning hospitality applies) and more lavish and expensive social hospitality,
travel or accommodation The former is acceptable in moderation but not as a
regular feature, the latter is not acceptable.
9 .3 3 The above guidance applies also to employees located at contractor's premises .
9.4 Acceptance of gifts
9.4.1 In general, employees should not accept gifts and hospitality, and if in doubt should
refuse such offers . Employees may on occasion come into contact with
organisations where it is common practice to offer gifts or hospitality to foster
MoD I D 1 oo3--)~
. the activities are not improper,
971 Employees might be offered a gift or voucher from an airline or other organisation
as a benefit or inducement to use the service These should only be accepted
where the offers are given automatically (e .g to everyone on a particular flight) and
where the employee is not singled out for the gift. In the case of gifts such as
frequent flyer benefits for using a particular airline, other than where they are trivial
(e.g access to special departure lounges), it is important that the transport chosen
is for economy. No special effort should be made to travel using transport that
qualifies for such gifts Employees should forgo any benefits they may accrue or
use them for business purposes only
9 7 2 Offers of holidays, cars and other extravagant benefits must always be declined
because they can clearly be construed as an inducement or bribe Such offers are
to be reported to the line manager and recorded in the Hospitality Book (see 9 2).
9 7 3 Other inducements (e.g. personal loan or rewards) should not be accepted where
the inducement has been given because of the donor's official relationship with
Dstl, with the exception of where corporate or government discounts have been
negotiated with organisations and are generally available to all, e g. for health or
motor insurance
10. Records
101 To ensure best practice and to assist in any audit, it is recommended that all
requests and approvals for extra-curricular activities should be recorded both in a
specific file for that purpose and the individual's personal file This is in addition to
the requirement to maintain a Hospitality Book
10.2 The following records are to be maintained
Hospitality Books (held by relevant manager for a minimum of 5 years),
records of gifts sent for disposal (held by Head of Corporate Affairs for a
minimum of 5 years) .
A1 The constitutional and practical role of the Civil Service is, with integrity, honesty,
impartiality and objectivity, to assist the duly constituted Government of the United
Kingdom, the Scottish Executive or the National Assembly for Wales1 constituted
in accordance with the Scotland and Government of Wales Acts 1998, whatever
their political complexion, in formulating their policies, carrying out decisions and in
administering public services for which they are responsible .
A.2 Civil servants are servants of the Crown Constitutionally, all the Administrations
form part of the Crown and, subject to the provisions of this Code, civil servants
owe their loyalty to the Administrations 1 in which they serve .
r A3 This Code should be seen in the context of the duties and responsibilities set out
_ for UK Ministers in the Ministerial Code, or in equivalent documents drawn up for
Ministers of the Scottish Executive or for the National Assembly for Wales, which
Include-
accountability to Parliament2 or, for Assembly Secretaries, to the National
Assembly,
" the duty to give Parliament or the Assembly and the public as full information
as possible about their policies, decisions and actions, and not to deceive or
knowingly mislead them,
" the duty not to use public resources for party political purposes, to uphold the
political impartiality of the Civil Service, and not to ask civil servants to act m
any way which would conflict with the Civil Service Code;
" the duty to give fair consideration and due weight to informed and impartial
advice from civil servants, as well as to other considerations and advice, in
reaching decisions, and
" the duty to comply with the law, including international law and treaty
obligations, and to uphold the administration of justice,
. together with the duty to familiarise themselves with the contents of this Code .
A4 Civil servants should serve their Administration in accordance with the principles
set out in this Code and recognising
. the accountability of civil servants to the Minister3 or, as the case may be, to the
Assembly Secretaries and the National Assembly as a body or to the office
holder in charge of their department ;
" the duty of all public officers to discharge public functions reasonably and
i In the rest of this Code, we use the tense Administration to mean Her Majesty's Government of the
United Kingdom, the Scottish Executive or the National Assembly for Wales as appropriate
z In the rest of this Code, the term Parliament should he read, as appropriate, to include the
Parliament of the United Kingdom and the Scottish Parliament .
3 In the rest of this Code, Ministers encompasses members of Her Majesty's Government or of the
Scottish Executive M~ ~' a' O Q ,Z , ,
A.5 Civil servants should conduct themselves with integrity, impartiality and honesty.
They should give honest and impartial advice to the Minister or, as the case may
be, to the Assembly Secretaries and the National Assembly as a body or to the
office holder in charge of their department, without fear or favour, and make all
information relevant to a decision available to them. They should not deceive or
knowingly mislead Ministers, Parliament, the National Assembly or the public .
A6 Civil servants should endeavour to deal with the affairs of the public
sympathetically, efficiently, promptly and without bias or maladministratlon .
A7 Civil servants should endeavour to ensure the proper, effective and efficient use of
public money
A8 Civil servants should not misuse their official position or information acquired in the
course of their official duties to further their private interests or those of others .
They should not receive benefits of any kind from a third party which might
reasonably be seen to compromise their personal judgement or integrity .
A9 Civil servants should conduct themselves in such a way as to deserve and retain
the confidence of Ministers or Assembly Secretaries and the National Assembly as
a body, and to be able to establish the same relationship with those whom they
may be required to serve in some future Administration They should comply with
restrictions on their political activities, The conduct of civil servants should be such
that Ministers, Assembly Secretaries and the National Assembly as a body, and
potential future holders of these positions can be sure that confidence can be freely
given, and that the Civil Service will conscientiously fulfil its duties and obligations
46 to, and impartially assist, advise and carry out the lawful policies of the duly
constituted Administrations .
A10 Civil servants should not without authority disclose official information which has
been communicated in confidence within the Administration, or received in
confidence from others . Nothing in the Code should be taken as overriding eicisting
statutory or common law obligations to keep confidential, or to disclose, certain
information They should not seek to frustrate or influence the policies, decisions or
actions of Ministers, Assembly Secretaries or the National Assembly as a body by
the unauthorised, improper or premature disclosure outside the Administration of
any information to which they have had access as civil servants
A.11 Where a civil servant believes he or she is being required to act in a way which .
" is illegal, improper, or unethical;
.
" is in breach of constitutional convention or a professional code,
" may involve possible maladmlnistration ; or
" Is otherwise inconsistent with this Code
A.12 Where a civil servant has reported a matter covered in paragraph 11 in accordance
with the relevant procedures and believes that the response does not represent a
reasonable response to the grounds of his or her concern, he or she may report the
matter in writing to the Civil Service Commissioners, Horse Guards Road, London
SW1 P 3A1 Telephone . 0207-270 5066
A.13 Civil servants should not seek to frustrate the policies, decisions or actions of the
" Administrations by declining to take, or abstaining from, action which flows from
decisions by Ministers, Assembly Secretaries or the National Assembly as a body.
Where a matter cannot be resolved by the procedures set out in paragraphs 11
and 12 above, on a basis which the civil servant concerned is able to accept, he or
she should either carry out his or her instructions, or resign from the Civil Service
Civil servants should continue to observe their duties of confidentiality after they
have left Crown employment