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A New Ethical Framework for Local Government in Scotland
Appendix 2 to Annex B - Comparison of Political Restrictions on Local Government Officers and Civil Servants 1
 
  Civil Servants Local Government Employees
References Civil Service Management Code, Section 4.4 and 4.4 Annex A. (CSMC) Local Government and Housing Act 1989, Part I, Sections 1-3. (LGHA)
  Civil Service StaffHandbook (CSSH) Schedule to the Local Government Officers (Political Restrictions)
  Servants ofthe Crown (Parliamentary, European Assembly and Northern Ireland Assembly Candidature) Order 1987. (SCO) Regulations 1990 (SI 1990/851). (LGOR)
  House of Commons Disqualification Act 1975. (HoCDA)  
  European Assembly Elections Act 1978. (EAEA)  
Politically Restricted Posts Staff at Grade 7 and above (salary threshold £27,100(a)) plus Administration Trainees (band minimum £16,270(b)) and HEO(D) grades. (CSMC: 4.4.9.) Staff earning upwards of£26,391(f). Inclusion ofcertain nominated posts such as Head ofPaid Service, ChiefOfficer and Deputy ChiefOfficer is mandatory. (LGHA: Part I, Section 2(1) & (2)).
  Certain sensitive posts in other grades such as Private Office staffand those giving advice to Ministers. (CSSH: Chapter 1, Section 7, 2 (1) &(2)) . Staff whose duties include giving advice or speaking to the media, ifthey appear on a list held by the authority. (LGHA: Part I, Section 2 (2) & (3). LGOR: Part II)
  Blanket ban on political activity at national level. All grades may seek permission to take part in political activity at local level only. (CSMC: 4.4.9.) Blanket ban on political activity at national and local level for mandatory inclusions and those giving advice or speaking to the media. Other staffon authority lists may apply for exemption. (LGHA: Part I, Section 2(1) & Section 3 (2) (3) & (4). LGOR: Part II).
  Must not publicly announce/be announced as a (prospective) candidate for election to the House of Commons or the European Parliament. (CSMC: 4.4.21.) Must not publicly announce/be announced as a (prospective) candidate for election to the House of Commons, European Parliament or a Local Authority. (LGOR: Part I, 1.)
  Must resign on formal adoption as a prospective political candidate. Period of notice must not overlap with formal adoption. (CSMC: 4.4.21.) Must resign on formal adoption as a prospective political candidate. Period of notice must not overlap with formal adoption. (LGOR: Part I, 2.)
  Must not hold a post in a political organisation which mainly impinges on party politics nor canvass on behalf of a candidate for Parliament or the European Parliament. (CSMC: 4.4.1.) Must not act as an election agent, hold a general management position, canvass or act on behalf of a political party, (LGOR: Part I, 3.4. and 5.)
  Must not speak in public or publish material on matters of political controversy. (CSMC: 4.4.1.) Must not speak or publish written work with intent to affect public support for a political party. (Not applicable to political assistants). (LGOR: Part II, 6.7. and 8.)
Politically Intermediate Posts Office staff below Grade 7. No category.
  Ban on political activity at national and local level, without permission. (CSMC: 4.4.10.)  
  All grades can seek permission to take part in political activity at national and local level. (Permission refused for sensitive posts). (CSMC: 4.4.10.)  
Politically Free Posts Industrial and non-office staff. Free to take part in all political activity but not while on duty, in uniform or on official premises. (CSMC: 4.4.2.) All officers below the salary threshold not on a list.
Summary for Politically Restricted Posts – Pay threshold higher. – Pay threshold lower.
  – All grades may seek permission for exemption from restricted status at local level only. – Head of Paid Service, Chief Officer, Deputy Chief Officer, staff giving advice and speaking to the media may not apply for exemption from restricted status. All others may apply.
  – Exemption can only be given to local political activity. Blanket ban at national level. – Exemption can be given for activity at national and local level to staff on lists.
  – Thresholds predominantly dependent on grade - uniform approach (except for fast stream and sensitive posts). – Thresholds dependent on salary – in large authorities junior posts are affected – less uniform approach.
Numbers Holding Politically Restricted Posts 23,440 at Grade 7 and above – approximately 800 in AT and HEO(D) posts. Total = 24,240 (c). 12,000 chief officers; 28,000 above salary threshold; 7,000 others. Total = 47,000 (f).
Numbers Holding Politically Intermediate Posts Total = 415,060 (d).  
Numbers Holding Politically Free Posts Total = 36,0000 (e). Total = 1,560,000.
  (a) & (b) – DETR national band minimum 1997-98. (f) – Figures based on National Joint Council’s Scheme 1997-98.
  (c) (d) &(e) Civil Service Statistics 1997. Figures for GB  


[1] Figures are for Great Britain [Back]
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