The Scottish Government

Elections to the Scottish Parliament take place on 3 May 2007.

This note provides guidance about the role and conduct of people working in the Scottish Executive, its Agencies and Associated Departments, and Non-Departmental Public Bodies (NDPBs) during the election period which begins on 3 April.

The note also provides advice about how business should be handled up to the start of the election period. Further guidance will be provided as necessary about handling business in the immediate post election period once the outcome of the election is known.

CONTENTS

• General principles
• A Business as usual
• B Freedom of Information
• C Supporting Ministers and Correspondence
• D Working with the UK Government
• E Special Advisers
• F Scottish Parliament Committees
• G Political activities of staff
• H Cabinet and official documents
• I Communications Activity
• J Statistics, survey, social research and economics activities
• K Use of Executive and public sector property
• L Appointments

SCOTTISH PARLIAMENT ELECTION GUIDANCE

Principles

1. The elections to the Scottish Parliament will have a number of implications for the work of the Scottish Executive, its agencies and associated departments and its NDPBs. These arise from the special character of Executive business during the election campaign, and from the need to maintain, and be seen to maintain, the impartiality of the Civil Service in the special circumstances of the election period.

2. Remember that it is business as usual until the election period begins on 3 April. Guidance note A provides advice on handling business up to the start of the election period.

3. During the Scottish Parliament election campaign the Scottish Executive retains its responsibility to govern and Ministers remain Ministers and in charge of their departments. Essential business must be carried on. However, you can expect Ministers to observe discretion in initiating any new action of a continuing or long-term character. Decisions on matters of policy, on which a new administration might be expected to want the opportunity to take a different view from the current administration, are expected to be postponed until after the election, provided that such postponement would not be detrimental to Scotland's interest or wasteful of public resources. You can also expect Ministers to be largely engaged in the election campaign and therefore not want to be asked to make decisions on issues during the election period unless it is essential that they should do so.

4. There are 3 basic principles to remember and apply during the election period:

• You should remain politically neutral
• Ensure that public resources are not used for party political purposes
• Avoid anything that will distract attention from or compete with the campaign

The first two of these principles are simply an extension of those which apply all the time and are set out in the Civil Service Code and the Scottish Ministerial Code. The third is a reminder that application of these principles needs to be particularly sensitive during the election period.

5. The guidance applies to staff in agencies of the Scottish Executive as well as to staff in the core of the Executive (including people seconded from other organisations or temporary staff). It also applies to staff from the Scottish Executive or its agencies who are on secondment to other bodies. Staff in NDPBs are also covered by the guidance and are expected to take account of this when making their own media announcements or other activity.

GUIDANCE NOTE A

BUSINESS AS USUAL

1. Remember that the election period does not begin until 3 April. Ministers will, and are entitled to, expect our continued support in delivering the Executive's commitments in the run up to the election period.

2. This means that you should continue to brief Ministers in the normal way, provide support, including media, for Ministerial engagements and other official events. In other words do what you always do. But it is important to remember that the closer we get to the start of the election period the greater scrutiny there will be on the conduct of Executive business and you should take particular care to ensure that business is consistent with the basic principles described on page 2.

GUIDANCE NOTE B

FREEDOM OF INFORMATION

The Freedom of Information (Scotland) Act 2002 remains in full force during the election period. All written requests for information received are subject to its provisions. Therefore, you should continue to follow the existing procedures for responding to FOI requests. During the election period particular care must be exercised in handling FOI requests and you should ensure that your head of division is consulted on individual cases and that the Senior Departmental Lead Officer (SDLO) on FoI (list below) is aware of requests where release of information has the potential to impact on the election campaign in any way. You should continue to consult the FOI unit on individual cases where necessary. You should also ensure that Ministers are involved as appropriate and if you are unsure seek guidance on this from your Head of Division, SDLO or FoI Unit.

Senior Departmental FOI Lead Officer

GUIDANCE NOTE C

SUPPORTING MINISTERS AND CORRESPONDENCE

This note covers:

• Supporting Ministers during the election period
• Handling letters received from MSPs before 2 April and letters from Parliamentary candidates during the campaign about matters raised by electors

Supporting Ministers

1. The Scottish Executive retains its responsibility to govern after dissolution and Ministers remain in charge of their departments. Staff should continue to provide official support for Ministers in relation to any essential business that cannot be deferred until after the election. Essential business includes discharging statutory functions, responding to a major incident, or any case where postponing a decision or activity would prove detrimental to Scotland's interest, or would be wasteful of public resources. Official support for Ministers engaged in essential business would include briefing, communications support and attendance at any necessary meetings or official engagements. It should also include offering advice on new arguments which are likely to be put by others at events which form part of essential business. You should not devise new arguments for use in election campaign debates.

2. Decisions on matters of policy, on which a new administration might be expected to want the opportunity to take a different view from the current administration, are expected to be postponed until after the election, provided that such postponement would not be detrimental to Scotland's interest or wasteful of public resources. You can also expect Ministers to be largely engaged in the election campaign and therefore not want to be asked to make decisions on issues during the election period unless it is essential that they should do so

3. You may check statements for factual accuracy and consistency with established Scottish Executive policy. Any work on costing future policies should cease from 3 April. EU business will continue as normal during the election campaign. Ministers are expected to avoid major new initiatives or exploiting Council engagements for electoral purposes.

Any briefing going to a Minister during the election period must be copied to PS/First Minister and PS/Deputy First Minister.

Handling Correspondence

1. All correspondence must be handled in accordance with the Freedom of Information (Scotland) Act 2002 and the guidance in note B. [ FOI guidance].

2. Where a request requires a simple description of Scottish Executive policy on a particular issue, you should deal with it in the same way as at any other time.

3. Where an enquiry concerns the day-to-day management of an agency or NDPB and the Chief Executive would normally reply, he or she should do so in the normal way taking special care to avoid any matters of political controversy, particularly where he or she normally has a visible public profile.

4. Where the request relates to commitments included in the manifestos of either of the coalition parties or asks for a comparison of the policies of different parties, the request should be acknowledged and sent to the relevant party headquarters for response, telling the correspondent that you have done so.

5. Where a candidate has asked for the Ministers' view a reply should be offered to the relevant Minister or the Private Secretary. You should draft such replies, whether for Private Secretary or Ministerial signature, with care to avoid political controversy, especially comment or criticism of the policies of other parties. All replies to correspondence from candidates should be copied to PS/First Minister and PS/Deputy First Minister.

6. Ministers may decide to adapt draft replies prepared in this way to make political points. In all such cases you can expect the Minister - and not the private secretary - to sign the letter. You should invite the Minister to consider whether the letter should issue in a Ministerial capacity on departmental letter paper, or should be regarded as being written on behalf of the Labour or Liberal Democrat Party. The guiding principle is whether the use of departmental letter paper and of departmental, secretarial and other resources would be a proper use of public funds for Ministerial, as opposed to party political purposes, and could be defended as such. Where the Minister wishes to refer in the reply to a proposal newly announced in the Labour or Liberal Democrat Party Manifesto, then the reply must be issued on behalf of the relevant party. In such circumstances, a copy of the incoming letter and draft official reply should be copied by the Minister's private secretary to PS/First Minister and PS/Deputy First Minister with an indication that the Minister is to respond on behalf of the relevant party.

Speed of Response

7. Given the circumstances of an election you should aim to answer requests from parliamentary candidates or from the headquarters of any of the political parties for factual information in the possession of the Executive, agency or NDPB within 24 hours of receipt wherever reasonably possible.

8. It is for the Minister to decide on a case by case basis the timescale for providing replies to requests for his or her views on an issue. Where requested you should aim to provide a draft within 24 hours wherever reasonably possible.

9. You can expect the Minister's Private Office to inform the Minister of all incoming correspondence from candidates within 24 hours. This is to ensure that Ministers are aware of such correspondence while campaigning. Where views are requested, Private Office will then indicate to officials the timescale for response.

Correspondence about electors' cases during the election period

10. Members of the Scottish Parliament cease to be MSPs on dissolution. MSP's constitutional right to make representations on behalf of the electorate to the Executive disappears, but they can write to the Executive as a Parliamentary candidate about an elector's case.

11. During the election period, replies to letters sent before dissolution from MSPs on behalf of electors and to letters from Parliamentary candidates should take into account the fact that if they become public knowledge, they will do so in the atmosphere of an election and are more likely to become the subject of public comment. Correspondence should be cleared as soon as possible. Replies to former MSPs should be sent via the Scottish Parliament.

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12. Some additional points:

¨ All candidates are on an equal footing. Ministers will usually reply to letters written by MSPs on behalf of a constituent before the dissolution. Ministers may also wish to reply to such letters written after the dissolution by former MSPs, particularly when the correspondence relates to an ongoing case. This should be handled in a way that avoids any discrimination or appearance of discrimination between letters from Labour and Liberal Democrat and other candidates.

¨ Private Secretaries will normally reply to letters from parliamentary candidates who were not MSPs before the dissolution.

¨ The main consideration must be to ensure that the citizen's legitimate interests are not prejudiced. But it is quite possible that a personal case could become politically controversial during the Election campaign and replies should be concise and give no room for misrepresentation.

¨ Replies sent after election day should normally be sent to the candidate who wrote the letter. Where the candidate was unsuccessful, a copy of the response should be sent to the new constituency MSP unless it is clear from the correspondence that this would be unwelcome to the member of public concerned.

GUIDANCE NOTE D

WORKING WITH THE UK GOVERNMENT

1. UK Government business will continue as normal in the run up to elections in the devolved administrations.

2. Staff working in UK Government departments are being asked to take extra care in announcing decisions which are likely to have a particular effect or impact in Scotland or Wales or which might impact on the election campaigns. UK Government departments will be responsible for explaining or justifying their conduct of their official and Ministerial business against the Cabinet Office guidance.

3. Officials in the Scotland Office and other UK Government departments will be covered by guidance issued by the Cabinet Office.

4. In the run up to the election period staff in the Executive who work with UK Government departments should continue to maintain dialogue with their UK counterparts and ensure that their opposite numbers are aware of the special circumstances and timing of the election in planning announcements or events. It will be important to make clear that it will not be possible for Scottish Ministers to seek consent for Legislative Consent Motions from the Scottish Parliament during dissolution and that provisions which impact on Scotland in this way will need to be removed from UK Bills. Further advice on legislative consent motions is available from Duncan Isles in the Constitutional Policy unit.

5. Further advice on UK Government activity during the Scottish election is available from Lynda Sawers and Beryl Gibb in the UK Liaison team, in Ministerial Support Group.

GUIDANCE NOTE E

SPECIAL ADVISERS

Special Advisers must act in accordance with the terms and conditions of the Contract for Special Advisers. They must resign if formally adopted as a candidate in the Scottish Parliament election, or if they decide to campaign for their Party during the election or to help in Party Headquarters or Research Unit during such a campaign. Special Advisers who remain in post may continue to advise Ministers on Scottish Executive policy, but must take particular care not to take any active part in the campaign. Guidance Note A is relevant in relation to the commissioning of briefing.

An individual note will be sent to each special adviser detailing arrangements for severance pay, reappointment and clarification of their duties.

GUIDANCE NOTE F

SCOTTISH PARLIAMENT COMMITTEES

1. Mandatory Committees are established for the whole session of the Parliament. Under Rule 6.1.3 of the Standing Orders, the Parliament may determine the duration of subject Committees that it establishes. All Committees cease to exist at the dissolution of Parliament, their membership ceases and their work on inquiries ceases. After dissolution, the point of contact for departments continues to be the Committee Clerk who remains in post to process the basic administrative work of the Committee.

2. No Executive responses to committee reports will be published after dissolution. Departments should continue to work, on a contingency basis, on any outstanding evidence required by Committees and on any outstanding Executive responses to Committee reports.

3. It is for Committees of the new Parliament to decide whether to continue with the previous committees inquiries and for the incoming administration to determine the Executive's response.

GUIDANCE NOTE G

POLITICAL ACTIVITIES OF STAFF

1. All political activity connected with the election falls within the definition of national political activity so the general rules on civil servants' participation in national political activities apply. The Civil Service is divided three groups:

¨ The "politically free" - industrial and non office grades;

¨ The "politically restricted" - members of the Senior Civil Service, civil servants in Band C and Fast Stream staff;

¨ The "intermediate group" - civil servants in Band A and Band B.

2. All civil servants (whichever group they belong to) are disqualified from election to the Scottish Parliament and must therefore resign from the Civil Service before standing for election. If you intend to become a candidate for the Scottish Parliament you should contact to discuss how the rules apply to you, the effective date of resignation and, if your candidature is unsuccessful, the possibility of reinstatement.

3. Aside from Parliamentary candidature, the "politically free" group may engage as private individuals in the election campaign. "Politically restricted" civil servants must take no part in the campaign.

4. The "intermediate group" may participate provided:

¨ They are not directly involved in developing policy;

¨ They do so in their capacity as private individuals, without reference to their roles or experience as civil servants;

¨ They have official permission to do so.

5. However, the area in which "intermediate group" civil servants work also has a bearing on this. For example, it is less appropriate for those civil servants working in areas with a high level of Ministerial contact to engage in such activity, than for those in areas where there is little such contact. If you wish to participate in national political activities you should seek permission from HR.

6. National political activities are:

¨ Holding, in a party political organisation, office which impinges wholly or mainly on party politics related to the Scottish Parliament; speaking in public on matters of national political controversy; expressing views on such matters in the media, or in books, articles, letters to the press, or leaflets; being announced publicly as a candidate or prospective candidate for Parliament; and canvassing on behalf of a candidate for Parliament or on behalf of a political Party.

7. Civil servants on secondment to outside organisations remain civil servants and the rules relating to political activity continue to apply to them (as does all the guidance). Individuals seconded into the Civil Service are also covered by these rules for the duration of their appointment.

8. If you have any questions please contact Carolyn Murdoch in the HR senior staff team.

GUIDANCE NOTE H

CABINET AND OFFICIAL DOCUMENTS

1. Cabinet and other official documents should continue to be sent to Ministers in the normal way.

2. Ministers relinquishing office following the election will be expected to ensure that they return to their Private Office all official documents in their possession which are required for current administration, and to ensure that any other official documents which bear a protective marking are either returned to their office or destroyed. By convention, former Ministers are allowed reasonable access to official papers which they saw when they were in office. Such access is limited however to physical access by the former Minister and the papers made available for inspection cannot be copied or taken away.

3. Where the new Executive is formed by a coalition of the existing parties or by either of the coalition parties alone, then the new Executive should have access to papers of the former Executive. Where, however, the new Executive consists of or includes a party not in the present coalition, then officials must ensure that Ministers in the new Executive do not have access to papers of the previous Executive. This applies, in particular, to papers relating to Ministers' own deliberations and to advice given to them by officials. It does not apply to written advice from the Law Officers or to papers which were published or put into the public domain by the previous Executive.

GUIDANCE NOTE I

COMMUNICATIONS ACTIVITY

1. The general principle governing communications work during the Scottish Parliament election is to do everything possible to avoid competition with parliamentary candidates for the attention of the public. In addition, special care must be taken as information produced with complete impartiality and accepted as objective at other times may excite criticism during the election period.

2. This section provides guidance on how these principles should be applied. Part I deals with 'free' media work by Communications Officers and Part II with paid media. References to Communications Officers and their units apply equally to all officials involved in similar work. The principles extend to the use of the Internet (see paragraph 8).

PART I - Free Media and Departmental activities

3. During an election campaign the Executive retains its responsibility to govern and Ministers remain in charge of their departments. Essential business must be carried on. Ministers are expected to observe discretion in initiating any action of a continuing or long-term nature. Decisions on matters of policy on which a new administration might be expected to consider a different view should be postponed until after the election, provided such postponement is not detrimental to the national interest or wasteful of public money. Guidance on this and other matters, such as briefing, the role of special advisers and the use of Government property, can be found in the rest of the election guidance note.

4. Scottish Executive communications staff may therefore properly continue to discharge their normal function only to the extent of providing factual explanation of current Executive policy, statements and decisions. They must be careful not to become involved in a partisan way in election issues. Arrangements for press articles, interviews etc. by Ministers during the election period will normally be made by the political network - except where it relates to essential official business.

5. The Executive's normal daily news service will effectively be suspended, including the daily briefing for parliamentary journalists during the election period.

6. During the election period, access to BriX notes will be restricted to permanent civil servants who will respond to information requests in line with the principles set out in Guidance Note C. Any updating of lines-to-take should be confined to matters of fact and explanations of existing Executive policy. BriX may be an appropriate resource for Private Offices to use to provide factual information to Ministers in line with Guidance note C. The Events Planning Grid should be reviewed by Private Offices and International and Communications Group when the election period begins and entries confined to Executive announcements and official engagements during the campaign period and not beyond.

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7. Rules to guide Scottish Executive Communications Officers are as follows:

News media relations

(a) In response to questions communications officers should, where possible, provide factual information by reference to published material, including that on websites. Specific requests for unpublished material should be handled in accordance with the Freedom of Information (Scotland) Act 2002 and in line with guidance note B.

(b) There is no objection to issuing routine factual news releases covering subjects like employment statistics which are issued on a monthly or regular basis. Ministerial comment however should normally be issued through the political parties. Equally, reports from groups like public bodies and independent committees that the Executive is required to publish can be summarised and drawn to the attention of the media.

(c) Communications officers should not handle statements that refer to the Executive's future intentions. Instead, these can be made by the appropriate Minister in a political speech to be handled by the relevant political party. When a Minister wants to hold a news conference to make clear the Executive's policies on a particular subject of immediate importance, then clearly the Executive must provide facilities and give guidance. The Cabinet Secretariat and the Head of News must be informed before a Minister makes an important Ministerial statement during the election campaign.

(d) Where a Minister is involved in activity associated with essential Executive business such as attendance at an EU Council, the Press Office should provide support, limited to the provision of factual information and explanation in line with Guidance Note A.

(e) The Communications team should not handle statements or comments referring to the policies, commitments or perceived intentions of the opposition parties.

PART II - Marketing and New Media

(a) Advertising. New advertising campaigns will in general be postponed and running campaigns closed. However, some advertising (for example recruitment, health issues, civil emergencies and election specific work) might be permitted in consultation with the Head of Marketing. Where such advertising is commissioned by a UK Department, the department concerned must first consult with the Head of the GCN and the Scottish Executive's Head of Marketing.

(b) Editorial and PR. All editorial and PR support for advertising campaigns will cease during the election period.

(c) Printed material should not normally be given any fresh distribution in Scotland during the election period, in order to avoid any competition with the flow of Election material. The effect on distribution of posters and leaflets to the public is as follows:

i. Posters. The normal display of existing posters on official premises may continue but efforts should not be made to seek display elsewhere. Specific requests by employers, trade unions etc for particular posters, may, however, be met in the ordinary way.

ii. Leaflets. Small numbers of copies of leaflets may be issued on request to members of the public and Parliamentary candidates. Bulk supplies should not be issued to any individuals or organisations without appropriate approval.

(d) Official 'filler' films and radio tapes transmitted in intervals or public service periods of TV and radio programmes may be limited in consultation with the BBC, ITC and Radio Authority.

(e) Films, videos and photographs from Scottish Executive and UK Government libraries or sources should not be made available for use by political Parties.

(f) Exhibitions which form part of a privately sponsored exhibition should not be withdrawn; but self-contained official exhibitions or privately sponsored ones advocating a politically contentious policy should not be kept open or opened during the election period.

(g) Window Displays. Normal display of factual information on official premises may continue but promotional displays should be withdrawn or withheld.

(h) Research. Fieldwork involving interviews with the public or sections of it will be postponed or abandoned although regular, continuous and ongoing statistical surveys may continue.

(i) Export promotion stories for overseas use may continue to be sought but it must be made clear on each occasion that this information is needed for use abroad.

(j) Promotions. Non advertising promotions, including field marketing, will cease during the election period.

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The Internet

8. The general principles on information activities during Parliamentary elections will apply to the Executive's main corporate website at www.scotland.gov.uk and campaign sites associated with paid-for advertising gathered under the common heading of www.infoscotland.com.

9. Other official websites operated by Executive agencies and Non-Departmental Public Bodies (NDPBs) will also comply.

A list of relevant agencies can be found at

http://www.scotland.gov.uk/Topics/Government/public-bodies/government-scotland

A list of NDPB by category can be found at

http://www.scotland.gov.uk/Topics/Government/public-bodies/government-scotland

10. The Executive's normal online news service on www.scotland.gov.uk will effectively be suspended. No Ministerial webcasts will be recorded or broadcast. The only items to be posted in the news section will be non-controversial, factual or routine as defined above, including statistics notices and pre-planned publications.

11. All material published on www.scotland.gov.uk prior to the election period, including video, Ministerial biographies, and policy information, will be regarded as part of the historical record and will remain accessible to the public. No significant additions or improvements will be made to that information.

12. All material published prior to the election period on the different websites gathered under www.infoscotland.com will also continue to be publicly available. No significant additions or improvements will be made.

13. An exception to the general principles will be made in the case of www.votescotland.com, a website operated jointly by the Executive and the Electoral Commission as part of a campaign with the aim of encouraging people to vote in the Parliamentary and local government elections. This site will continue to be added to and updated during the election period.

Facilities for Overseas Visitors

14. Official programmes for visitors from overseas are arranged by External Relations Division on behalf of the Foreign and Commonwealth Office. It may be in the UK interest to provide opportunities for these visitors to see how the election is conducted; and the following instructions are issued in connection with the arrangements to be made for them.

(a) Tours by official visitors during the election period.

Where it is practicable and acceptable to the political parties, arrangements will be included in the programmes of visits to Party headquarters and committee rooms and arrangements may also be made to attend political meetings. Transport may be provided for these purposes if necessary, but visitors will not be accompanied.

Arrangements may also be made to see polling stations and attend the counting of votes; if so, Planning Officers will be authorised to ask for the assistance of the Returning Officer in providing these facilities; and may escort the party if the visitors so desire and provide transport if necessary.

(b) Other journalists from overseas

Any foreign journalist - press, television or radio - not being an official visitor, who may ask for assistance should be given the addresses of the central or local Party offices.

Facilities for Information Material for Overseas Use

15. The permission of the political parties will be sought for any photography, filming and sound recording in particular constituencies, for use overseas.

Further Advice

In any case of doubt about the application of this guidance to a particular case departments should seek advice from Andrew Baird, Head of News or Roger Williams and if necessary from the Cabinet Secretariat on any aspect of communications and media activity during the election period.

GUIDANCE NOTE J

Statistics, Surveys, Social Research and Economics Activities

Introduction

1. This note gives guidance on the conduct of activities relating to statistics, surveys, social research and economics in Scottish Executive Departments and their Agencies and NDPBs during elections to the Scottish Parliament. It should be read alongside Guidance Notes A and B which set out general principles for handling business during the election period and processes for handling FOI requests.

2. Where further clarification is required or in cases of doubt, advice should be sought from the relevant Chief Professional Officer as follows:

¨ Scottish Executive statistics, research and economics staff should consult the Chief Statistician, Chief Researcher or the head of OCEA respectively;

¨ Staff in the General Register Office for Scotland should consult the Registrar General;

¨ Other Scottish Executive and agency staff involved in statistical or survey activities should consult the Chief Statistician.

3. They will consult the Cabinet Secretariat as necessary.

Key Principles

4. The key principles to be applied are set out earlier in this guidance. Statistical activities should continue to be conducted in accordance with the National Statistics Code of Practice.

Guidelines

5. Regular statistical releases (e.g. news releases, bulletins, publications or electronic releases) will continue to be issued and published on dates, which have been pre-announced. Other statistical, social research and economics information should be released during the election period only where a release date has been pre-announced or where release before or in the election period has been clearly intended and publicly known when the election is called. The greatest care must continue to be taken to ensure that information is presented impartially and objectively. Ad hoc releases which have not been pre-announced should not go ahead. If unsure, advice should be sought as indicated in paragraph 2 above.

6. Where statistics or research publications are being released during the election period it is critically important that Ministers Private Offices and the Cabinet Secretariat are alerted to the intention to publish.

7. Regular, continuous and ongoing censuses and surveys to individuals, households, businesses or other organisations may continue. So may ad hoc surveys which are directly related to and in support of a continuing statistical series; and fieldwork which is part of an on-going research or evaluation project.

8. Ad hoc censuses or surveys or other forms of social research enquiry directed towards individuals, households, businesses or other organisations, may give rise to controversy or be related to an election issue. Where this is likely, departments may consider postponing or cancelling them. If this is inappropriate, guidance should be sought from the Chief Professional Officer. Each case should be judged on its merits including any costs, which would be incurred through cancellation. Non-controversial censuses or surveys or other forms of social research, not directly related to any Scottish Parliament election issue, may proceed, subject to the usual survey control requirement to obtain Ministerial approval for surveys of businesses and local authorities.

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9. Commissioning can continue if the programme/project is already planned, has been agreed with the Minister and publicly known before the election is announced. Again, if you would like to proceed with commissioning a project that does not meet these criteria within the election period, please seek further advice from the Chief Researcher.

10. Special care must be taken over any face to face briefing for statistical, social research and economics publications/releases issued during the election period, and in producing commentary for inclusion in announcements concerning such releases and publications. Commentary that would be accepted as impartial and objective analysis or interpretation at ordinary times may result in criticism or controversy during an election. Ultimately each case must be considered on its own merits and the content of the announcement left to the discretion of statistician/researcher/economist, seeking advice as indicated in paragraph 2 above.

11. Requests for advice on the interpretation or analysis of statistics, research or economics, and in particular requests to ascertain the costs or otherwise appraise parties' manifesto pledges, should be handled with care, and in accordance with the guidance set out above.

12. Requests for factual guidance on methodology should continue to be met.

13. Requests for small numbers of copies of leaflets, background papers or free publications which were available before the election period may continue to be met but no bulk issues to individuals or organisations should be made without approval from the Chief Professional Officer. Regular mailings of bulletins and research publications to customers on existing mailing lists may continue.

GUIDANCE NOTE K

USE OF EXECUTIVE AND OTHER PUBLIC SECTOR PROPERTY

1. Neither Ministers, nor any other Parliamentary candidates, are permitted to use Executive property for electioneering purposes. You should, therefore, decline requests from candidates to visit Executive buildings for campaign purposes.

2. In the case of NHS property, decisions are for the relevant NHS Trust or Board. If hospital visits are permitted they should not disrupt services and the same facilities should be offered to all candidates. In any case, election meetings should not be permitted on NHS premises.

3. Decisions on the use of other public sector and related property must be taken by those legally responsible for the premises concerned - for example for schools, the local authority and so on. If those concerned consult you, you should advise that there is no presumption against such visits but that they will be expected to treat the candidates of all parties in an even-handed way and to avoid any disruption to the delivery of public services.

GUIDANCE NOTE L

APPOINTMENTS

Public Appointments

General

1. Ministerial participation in the public appointments process ceases until Parliament reconvenes and Scottish Ministers are appointed. This does not preclude staff from continuing preparatory action in support of the process but no significant decisions should be taken or offers - either formal or informal - made. In particular, no action should be taken that might bind an incoming administration to a commitment made during this period.

2. Although this guidance applies to non-executive appointments, the principles are also applicable to those executive appointments to public bodies which require Ministerial approval.

Planning for an Appointment

3. The lead-time for an appointment to an upper tier body is around 6 months. At the planning stage of current and forthcoming appointments rounds, sponsor teams should therefore have considered the impact of the election on the process and the implications for the timing of the exercise.

4. Providing early action has been and is taken to set a realistic timetable for appointments, disruption of business while Scottish Ministers are not available should be minimal. In general, sponsor teams should be able to:

¨ re-schedule the start, or progress of, an appointment round so as to ensure that neither appointment criteria nor the actual appointment of a chairperson or board members require to be agreed during the period of Ministerial non-availability;

¨ if necessary and appropriate, leave the position vacant until the new Administration is in place; or

¨ if necessary and appropriate, set in motion the established process for extending appointment(s) on a short-term basis.

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Specific Issues

5. The Code of Practice issued by the Commissioner for Public Appointments in Scotland sets out the framework for Ministerial involvement in planning the appointments round. While it makes no specific provision for the impact of a Scottish Election, the Code requires that Ministers determine in advance of each appointment round the relevant skills, knowledge and personal qualities they wish to see held by appointees and, once appointable candidates have been identified by a selection panel, Ministers must make their decision on the basis of these agreed criteria. Neither of these decisions can be delegated.

6. In cases where an appointment is due to end between the dissolution of the Parliament and the appointment of Scottish Ministers after the election and no announcement has been made prior to dissolution concerning a new appointment, sponsor teams are expected to consider whether the position can be left vacant until incoming Ministers are able to take a decision. This situation is also likely to apply to any appointments requiring Royal approval since it would not be appropriate to invite Her Majesty to make an appointment in such circumstances.

7. In those cases where an appointment needs to be made or a vacancy cannot be carried, it may be acceptable to extend the appointment of an existing member until new Ministers are able to take a decision on longer-term arrangements. The Public Appointments Team (PAT) has undertaken a review of current and planned appointment rounds and concluded that only those appointments due to end in the period June - September 2007 are likely to require extensions. The Commissioner has been consulted and has agreed to continue the previous practice whereby extensions to public appointments have been given to existing board members to cover the election period. The Commissioner has therefore advised that the following sliding scale should be applied:

OCPAS has also agreed to extensions on this basis for a number of specified appointments. These extensions have been notified to sponsor teams and can be applied by Departments without further reference to OCPAS. PAT can provide details of the appointments already covered by this arrangement and advise on the action to be taken to add other appointments to this list.

Cross-Border Appointments

8. In those cases where Scottish Ministers need to be consulted on appointments to cross-border public bodies, the Executive policy interests responsible for advising Scottish Ministers on such appointments should advise their Whitehall counterparts about the implications of the Scottish election for such procedures well in advance.

Enquiries

9. Please advise the public appointments team of any decision to extend an existing appointment to allow the team to monitor the situation and update the website. In any case of doubt, and particularly where circumstances differ from any of the scenarios outlined above, sponsor teams should consult Carol Elder in the public appointments team.

Senior Civil Service Appointments

10. Civil service appointments requiring agreement by the First Minister and approval by the Prime Minister and other senior civil service posts likely to prove sensitive will not be made between 3 April 2007 and the appointment of Scottish Ministers after Parliament reconvenes.

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