United Kingdom Cabinet Office

“ Ministers must uphold the political impartiality of the Civil Service, and not ask civil servants to act in any way which would conflict with the Civil Service Code and the requirements of the Constitutional Reform and Governance Act 2010. See Chapter Seven for more on civil servants. The judiciary 16. The judiciary interprets and applies the law in its decisions. It is a long-established constitutional principle that the judiciary is independent of both the government of the day and Parliament so as to ensure the even-handed administration of justice. ”

“ NMDs have a board and ministers do not have direct control over them. Instead they have a sponsoring minister, who typically appoints the board. • Executive agencies are well-defined units with a focus on delivering specific outcomes. They are part of a department and are staffed by civil servants. • Non-departmental public bodies are bodies that have a role in the processes of national government, but are not government departments or part of one, and operate to a greater or lesser extent at arm’s length from ministers. ”

“ Proper records need to be kept to ensure clarity and accountability, and in due course to provide a historic record of government. Much government information is available to the public, but some needs to be kept confidential, including to protect national security and in the interest of collective responsibility. Well-established rules govern access to information by former ministers and their successors. ”

“ Instead, the constitutional order has evolved over time and continues to do so. It consists of various institutions, statutes, judicial decisions, principles and practices that are commonly understood as ‘constitutional’. The UK does not have a constitutional court to rule on the implications of a codified constitution, and the sovereignty of Parliament is therefore unrestrained by such a court (although see paragraph 6.41 for the jurisdiction of the UK Supreme Court over devolution matters.) ”

“ Ministers of the Crown are expected to behave in a way that upholds the highest standards of propriety, including ensuring that no conflict arises or appears to arise, between their public duties and their private interests.26 Ministers are under an overarching duty to comply with the law, including international law and treaty obligations, uphold the administration of justice and protect the integrity of public life. ”

“ Chapter Ten The Government has certain responsibilities to control and account for government expenditure, which are primarily exercised by Treasury ministers, although other ministers and accounting officers also have important responsibilities. The Treasury is required to approve finance and public expenditure by other government departments. The Government has established procedures for ensuring efficient and transparent departmental governance and ways to account for government expenditure. ”

“ In accordance with the Treaty, if members of the alliance agree collectively that action is necessary, including the use of armed force, Member States are obliged to respond, but they maintain the freedom to decide how they will respond. NATO decisions are taken on the basis of consensus; there are no decisions by majority.32 Decisions taken represent collective agreement by all allies. Nations are able to prevent agreement where a policy does not meet their objectives. ”

“ Each permanent secretary supports the government minister who heads the department and who is accountable to Parliament for the department’s actions and performance. In a limited number of departments there may be more than one permanent secretary, or a deputy or second permanent secretary to deal with issues of operational or national significance, such as national security. ”

“ Boards are not responsible for developing policy but may challenge policy on financial management or feasibility grounds. 10.20 Boards will be balanced, with roughly equal numbers of ministers, senior officials (including the accounting officer of the department and the finance director) and senior non-executives from outside government (the majority of whom should be drawn from the commercial private sector, and who should have between them experience of managing large organisations) . ”

“ The Prime Minister is, by tradition, the First Lord of the Treasury (for more information on the Treasury Commissioners and the First Lord of the Treasury see paragraph 3.29) . In his or her capacity as First Lord of the Treasury, the Prime Minister takes oaths of office under the Promissory Oaths Act 1868.2 3.3 The Prime Minister has few statutory functions but will usually take the lead on significant matters of state. The Prime Minister has certain prerogatives, for example recommending the appointment of ministers and determining the membership of Cabinet and Cabinet committees. ”

“ Paragraph 4.16 in Chapter Four sets out the circumstances in which collective agreement applies, and the exceptions to collective agreement are at paragraphs 4.23–4.25 of that chapter. Inherent or ‘common law’ powers 3.31 Ministers’ functions are not limited to those authorised by statute. A minister may, as an agent of the Crown, exercise any powers which the Crown may exercise, except insofar as ministers are precluded from doing so by statute and subject to the fact that a minister will only be able to pay for what he or she does if Parliament votes him or her the money. ”

“ It has not been modern practice for Parliament to be dissolved while sitting. Prorogation brings a Parliamentary session to an end. It is the Sovereign who prorogues Parliament on the advice of his or her ministers. The normal procedure is for commissioners appointed by the Sovereign to prorogue Parliament in accordance with an Order in Council. ”

“ Ministers who knowingly mislead Parliament will be expected to offer their resignation to the Prime Minister. • Ministers should be as open as possible with Parliament and the public, refusing to provide information only when disclosure would not be in the public interest, which should be decided in accordance with relevant legislation, including the Freedom of Information Act 2000. ”

“ Where an actual or perceived conflict of interest arises between a civil servant’s official duties and responsibilities and their private interests, they must make a declaration to senior management so that senior management can determine how best to proceed. ”

“ A Regent must take the oaths of the Sovereign, except the Coronation Oath, and may exercise any of the powers of the Sovereign, except assent to any bill for changing the order of succession to the Crown as defined by the Act of Settlement 1700 or for repealing or altering the Act preserving the presbyterian system of Church government in Scotland. ”

“ Under the Coronation Oath, the Sovereign swears by oath to govern the people of the UK and the Commonwealth realms according to their agreed laws and customs; to cause law and justice, in mercy, to be executed in all judgements ”

“ Government departments 3.49 As powers generally rest with the Secretary of State and departments do not have their own legal personality, the structure of government departments tends to change to reflect the allocation of functions to ministers. 3.50 Most government departments are headed by a Secretary of State and will carry out the functions which the Prime Minister has allocated to that Secretary of State or which are conferred specifically on that Secretary of State by legislation. ”

“ European Court of Human Rights Considers alleged violations of the obligations of States under the European Convention on Human Rights. Excepted matters Those areas that the Northern Ireland Assembly cannot legislate on unless the matter is ancillary to a reserved or transferred matter. Executive Persons in whom the power of government is vested (i.e. ministers in the UK) . Ex-officio member An ex-officio member is a member of a body who is part of it by virtue of holding another office. First Lord of the Treasury One of the Commissioners of the Treasury. ”

“ Any other areas not listed in Schedule 5 to the Scotland Act are devolved. The Scottish Government’s powers largely follow the legislative competence of the Scottish Parliament. This means that, where an area is devolved, the Scottish ministers will also exercise functions in that area. 8.8 The Scotland Act 1998 also allows the Scottish Parliament to vary the basic rate of income tax by three pence in the pound, following which funding allocated to the Scottish Government would be amended to reflect the reduced or increased tax yield. ”

“ The role of ministers’ private offices 11.3 Private offices have an important role in managing information, and conventions apply to information created by, held in or passing through a private office that relates to the business activities of the department. 11.4 Guidance issued by the Cabinet Office and The National Archives1 emphasises the need for private offices to record ministerial decisions on any correspondence or submissions to ministers or officials, including special advisers, and outside interest groups, private sector organisations and MPs. ”

“ In relation to departments, the 83 The Cabinet Manual accounting officer is usually the permanent secretary. The accounting officer may be called to account in Parliament for the stewardship of the resources within the organisation’s control through appearing before the Committee of Public Accounts.18 They take personal responsibility for the regularity and propriety, value for money judged for the public sector as a whole, risk management and accounting accurately for the financial position of their organisation. ”

“ It therefore includes chapters on how the Government relates to the Sovereign, Parliament and the independent judiciary, as well as the other democratic institutions within the UK and key international bodies. The content of the Cabinet Manual is not static, and the passage of new legislation, the evolution of conventions or changes to the internal procedures of government will mean that the practices and processes it describes will evolve over time. ”