Constitutional Reform and Governance Act 2010

Francis Maude, Minister for the Cabinet Office made the commencement order for Parts 1 (the civil service), 2 (ratification of treaties) and 5 (transparency of government financial reporting to Parliament) to come into force on 11 November 2010.

In divisional court proceedings in the High Court of England and Wales, concerning the use of the royal prerogative for the issue of notification in accordance with Article 50 of the Treaty on European Union (the Lisbon Treaty) (R (Miller) v Secretary of State for Exiting the European Union), the Lord Chief Justice described the statutory procedure in Part 2 of the Act as "of critical importance".

It also requires the Minister for the Civil Service to publish a code of conduct which provides that a special adviser (defined in section 15) may not authorise the expenditure of public funds, or exercise any power in relation to the management of any part of the civil service, or exercise any power under the royal prerogative; but the Act expressly states that the code need not require special advisers to carry out their duties with objectivity or impartiality.

It mentioned that, while all four systems have a commission to regulate appointments to the civil service, in Australia, for example, the specific text of the code of conduct is set out in primary legislation.

[5] A commencement order for transitional provisions was made in July 2010 by Mark Harper, (Parliamentary Secretary, Minister for Political and Constitutional Reform, in the Cabinet Office).