Guidance

Business appointment rules for Crown servants

Rules and guidance concerning accepting appointments after leaving Crown service, including civil servants, special advisers, armed forces and diplomats.

Documents

Application form for Crown Servants (for ACOBA and department application processes)

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Details

Crown servants at all levels, including all civil servants, special advisers, members of the armed forces and diplomats, are subject to rules on accepting outside appointments after leaving Crown service. Depending on seniority, these rules apply for 1 (if you are grade 6 and below) or 2 (if you are grade SCS1 and above) years after you leave Crown service.

This means you will need to review the rules and consider an application for any new appointment within the relevant time period for your grade.

The purpose of the rules is to avoid:

  • any suspicion that an appointment might be a reward for past favours
  • the risk that an employer might gain an improper advantage by appointing a former official who holds information about its competitors, or about impending government policy
  • the risk of a former official improperly exploiting privileged access to contacts in government
  • unfair questioning or criticism of the integrity of former civil servants

If you are a Crown servant below grade SCS3 (or equivalent)

The Business Appointment Rules will apply to you for:

  • 1 year after leaving Crown Service, if you are Grade 6 or below

  • 2 years after leaving Crown Service, if you are Grade SCS1 or SCS2

For each appointment or role you want to take up within the relevant time period for your grade, you must read the rules above, and discuss with your department HR team to decide how they apply.

You only need to make an application if your circumstances match one of the following:

  • you have been involved in developing policy affecting your prospective employer, or have had access to unannounced government policy or other privileged information affecting your prospective employer, at any time in your last 2 years in Crown service
  • you have been responsible for regulatory or any other decisions affecting your prospective employer, at any time in your last 2 years in Crown service
  • you have had any official dealings with your prospective employer at any time in your last 2 years in the Crown service
  • you have had official dealings of a continued or repeated nature with your prospective employer at any time during your Crown service career
  • you have had access to commercially sensitive information of competitors of your prospective employer in the course of your official duties
  • the proposed appointment or employment would involve making representations to, or lobbying the government on behalf of a new employer
  • the proposed appointment or employment is consultancy work, either self-employed or as a member of a firm, and you have had official dealings with outside bodies or organisations in their last 2 years in Crown service that are involved in your proposed area of consultancy work

You should confirm your understanding of whether an application is required with your department HR team and line manager. If an application is required, they will explain the next steps in the process, and where to send your completed application form.

If you are a Crown servant at grade SCS3 and above (or equivalent)

If you are a Permanent Secretary, Director General, CEO of a Civil Service organisation, or Special Adviser, member of the Armed Forces or diplomat of equivalent grade, the business appointment rules will apply to you for 2 years after leaving Crown service.

You must apply for advice from ACOBA before taking up or announcing any new appointment within these 2 years.

Read the document above for guidance on how to apply to ACOBA. Completed application forms should be sent to acoba@acoba.gov.uk.

Published 21 December 2016