Decision

Advice Letter: Michael Potter, Expert Advisor, Kohlberg Kravis Roberts & Co. Inc.

Published 20 August 2025

1. BUSINESS APPOINTMENT APPLICATION: Michael Potter, former Government Chief Digital Officer at the Central Digital and Data Office, The Cabinet Office and The Department for Science, Innovation and Technology. Paid appointment with Kohlberg Kravis Roberts & Co. Inc. 

Mr Potter sought advice from the Advisory Committee on Business Appointments (the Committee) under the government’s Business Appointment Rules for former Crown servants (the Rules) on an appointment he wishes to take up with Kohlberg Kravis Roberts & Co. Inc. (KKR) as an Expert Advisor. 

The purpose of the Rules is to protect the integrity of the government. Under the Rules, the Committee’s remit is to consider the risks associated with the actions and decisions made during Mr Potter’s time in office, alongside the information and influence a former Crown servant may offer KKR. The material information taken into consideration by the Committee is set out in the annex.

The Committee’s^{[footnote 1]} advice is not an endorsement of the appointment – it imposes a number of conditions to mitigate the potential risks to the government associated with the appointment under the Rules.

The Rules^{[footnote 2]} set out that Crown servants must abide by the Committee’s advice. It is an applicant’s personal responsibility to manage the propriety of any appointment. Former Crown servants are expected to uphold the highest standards of propriety and act in accordance with the 7 Principles of Public Life.

2. The Committee’s consideration of the risks presented

Mr Potter’s role in government involved leading on strategy, performance and capability for government’s digital, data and technology performance – not in private equity. He was not involved in decisions specifically affecting KKR and/or its investments, nor did he meet with the company while in government service. Therefore, the Committee considered the risk he could reasonably be seen to have been offered this role as a reward for decisions made, or actions taken in office, was low. 

As Government Chief Digital Officer, there are inherent risks associated with Mr Potter’s access to privileged information from his time in government. The risks are limited given there is no direct overlap between his role in government and proposed role with KKR, and he has been out of office for over four months. Further, the Cabinet Office does not consider Mr Potter to possess sensitive information that may confer an unfair advantage to KKR. 

Mr Potter confirmed his role as Expert Advisor excludes any dealings with government, reducing the risk he could be perceived to be lobbying government - which all former senior Crown servants are prevented from doing for two years after leaving office. 

It is significant that Mr Potter is a chartered chemical engineer, with  experience in leading operations in both the public and private sector, prior to his time in government service.

3. The Committee’s advice

The Committee determined the risks identified in this application can be appropriately mitigated by the conditions below. These make it clear that Mr Potter must not make use of any privileged access to information, contacts or influence gained from his time in government to the unfair advantage of KKR. 

The Committee’s advice, under the government’s Business Appointment Rules, is that this appointment with Kohlberg Kravis Roberts & Co. Inc should be subject to the following conditions:

• he should not draw on (disclose or use for the benefit of himself or the persons or organisations to which this advice refers) any privileged information available to him from his time in Crown service;

• for two years from his last day in Crown service, he should not become personally involved in lobbying the UK government or any of its arm’s length bodies on behalf of Kohlberg Kravis Roberts & Co. Inc (including parent companies, subsidiaries, partners and clients); nor should he make use, directly or indirectly, of his contacts in the government and/or Crown service contacts to influence policy, secure business/funding or otherwise unfairly advantage Kohlberg Kravis Roberts & Co. Inc (including parent companies, subsidiaries, partners and clients); and

• for two years from his last day in Crown service, he should not provide advice to Kohlberg Kravis Roberts & Co. Inc (including parent companies, subsidiaries, partners and clients) on the terms of, or with regard to the subject matter of, a bid with, or contract relating directly to the work of the UK government or any of its arm’s length bodies.

The advice and the conditions under the government’s Business Appointment Rules relate to an applicant’s previous role in government only; they are separate from rules administered by other bodies such as the Office of the Registrar of Consultant Lobbyists, the Parliamentary Commissioner for Standards and the Registrar of Lords’ Interests^{[footnote 3]}. It is an applicant’s personal responsibility to understand any other rules and regulations they may be subject to in parallel with this Committee’s advice.

By ‘privileged information’ we mean official information to which a minister or Crown servant has had access as a consequence of his or her office or employment and which has not been made publicly available. Applicants are also reminded that they may be subject to other duties of confidentiality, whether under the Official Secrets Act, the Ministerial Code/Civil Service Code or otherwise.

The Business Appointment Rules explain that the restriction on lobbying means that the former Crown servant/minister ‘should not engage in communication with Government (Ministers, civil servants, including special advisers, and other relevant officials/public office holders) – wherever it takes place – with a view to influencing a Government decision, policy or contract award/grant in relation to their own interests or the interests of the organisation by which they are employed, or to whom they are contracted or with which they hold office.’

Mr Potter must inform us as soon as he takes up this work or if it is announced that he will do so. Similarly, he must inform us if he proposes to extend or otherwise change his role with the organisation as depending on the circumstances, it might be necessary for him to seek fresh advice.

Once this appointment has been publicly announced or taken up, we will publish this letter on the Committee’s website.

4. Annex – Material Information 

4.1 The role

KKR is an American private equity and global investment company. KKR sponsors investment funds that invest in private equity, credit and real assets and has strategic partners that manage hedge funds. KKR is regulated by the Financial Conduct Authority. 

In his paid, part-time role as Expert Advisor Mr Potter stated KKR is undertaking due diligence on a proposed investment in a private utility and he has been asked to act as an expert advisor on technology strategy and risk (e.g. cyber resilience) on a short-term project (three months) drawing on his experience in the utility sector and his background as a chartered chemical engineer. 

Mr Potter has been responsible for delivering transformational change in both public and private sector roles over the last 20 years. He has held senior posts at His Majesty’s Revenue and Customs, NHS, Rural Payments Agency and Chief Digital Officer at Thames Water.

4.2 Dealings in office

Mr Potter advised the Committee that he did not meet with, nor was involved in decisions, nor did he have access to sensitive information specific to KKR. 

4.3 Departmental assessment 

The Cabinet Office confirmed the details provided by Mr Potter.

The Cabinet Office did not have concerns with the appointment and recommended the standard conditions.

1. This application for advice was considered by Isabel Doverty; Hedley Finn OBE; Sarah de Gay; The Rt Hon Lord Eric Pickles; Michael Prescott; The Baroness Thornton; and Mike Weir.  Andrew Cumpsty and Dawid Konotey-Ahulu CBE DL were unavailable. ↩

2. Which apply by virtue of the Civil Service Management Code, The Code of Conduct for Special Advisers, The King’s Regulations and the Diplomatic Service Code. ↩

3. All Peers and Members of Parliament are prevented from paid lobbying under the House of Commons Code of Conduct and the Code of Conduct for Members of the House of Lords. Advice on obligations under the Code can be sought from the Parliamentary Commissioners for Standards, in the case of MPs, or the Registrar of Lords’ Interests, in the case of peers. ↩