This section allows you to download or print copies of OCPAS publications. Some of these publications are in a portable document format (pdf). In order to view these you must first have installed Adobe's free Acrobat reader. The reader can be downloaded from the Adobe website.

OCPAS's publications are made available in accordance with our Publication Scheme. Click here to download a copy of the Publication Scheme.

Here are some quick links to the information you may be looking for:

Code of Practice for Ministerial Appointments to Public Bodies in Scotland

Legislation relevant to the appointments process

OCPAS Annual Reports

Reports on OCPAS investigations or examinations into public appointments

Audit reports on the public appointments process

OCPAS Annual Accounts

Audt Reports on OCPAS activities

OCPAS responses to consultations

OCPAS register of interests

OCPAS responses to Freedom of Information requests

OCPAS Business Plans

OCPAS Leaflet

OCPAS complaints policies and procedures

Click here to download a pdf copy of the Code. This came into force on 01 April 2006.

The following guidance issued by the Commissioner as to compliance with the Code should be read in conjunction with it:

2009-06-26 OCPAS REF 2009-05 REASONS FOR MINISTERS DECISIONS

2009-03-12 OCPAS REF 2009-04 PLANNING MEETING

2009-01-07 OCPAS REF 2009-03 CANDIDATE SUMMARIES

2009-01-07 OCPAS REF 2009-02 SELECTION PANEL DECISIONS

2009-01-07 OCPAS REF 2009-01 LACK OF CHOICE FOR MINISTERS

Click here to download a pdf copy of the guidance for OCPAS Assessors on application of the Code.

Changes to the Code

In November of 2009 the Commissioner conducted a pre-consultation exercise on her proposals for changes to the Code. The Commissioner met with senior civil servants and with the Chairs of public bodies to discuss her proposals. A revised Code will be developed for consultation in 2010 taking into account the views of these key stakeholders. You can download reports on the pre-consultation exercises from the following links:

• Chairs of Public Bodies' Views on Proposals to Revise the Code
• Senior Civil Servants' Views on Proposals to Revise the Code
  

Legislation relevant to the appointments process

In addition to the principles outlined in the Code the requirements of relevant legislation must be followed at every stage in the appointments process.  The Department of Trade and Industry is currently engaged in discussion over the present coverage of statutory employment rights*. Section 23 of the Employment Relations Act 1999 would enable the Government to extend some or many statutory rights to those who are currently excluded from them, which may include people who sit on the boards of the public bodies covered by the Code. Specific provision is made in the discrimination legislation protecting applicants to public office.

*Discussion Document on Employment Status in Relation to Statutory Employment Rights.

EU legislation

Equal Pay Directive 75/107/EEC

Equal Treatment Directive 76/207/EC

Working Time Directive 93/104 EC

EU Equality Directive 2000/78

Race Discrimination Framework Directive 2000/43/EC

UK legislation

Employment Act 2002

Employment Rights Act 1996

Equal Pay Act 1970

Sex Discrimination Act 1975

Race Relations Act 1976

Disability Discrimination Act 1995

Gender Recognition Act 2004

Sex Discrimination (Gender Reassignment) Regulations 1999

Employment Equality (Sexual Orientation) Regulations 2003

Employment Equality (Religion or Belief) Regulations 2003

Working Time Regulations 1998

Data Protection Act 1998

Immigration Act 1971

Asylum and Immigration Appeals Act 1993

Asylum and Immigration Act 1996

Rehabilitation of Offenders Act 1974

Codes of Practice

Equal Opportunities Commission – Code of Practice on Equal Pay

Equal Opportunities Commission – Code of Practice for the elimination of discrimination on the grounds of sex and marriage for the promotion of equality of opportunity in employment.

Commission for Racial Equality - Code of Practice for the elimination of racial discrimination and the promotion of equality of opportunity in employment.

Disability Rights Commission Code of Practice - Employment and Occupation.

Department for Education and Employment – Age Diversity in employment, a Code of Practice.

Information Commissioner - Employment Practices Data Protection Code

Please note that the reference to the above legislation is to the legislation as amended from time to time. A full list of amending legislation is not listed above.

Annual Report 2004-05 (First Annual Report)

Annual Report 2005-06

Annual Report 2006-07

Annual Report 2007-08

Annual Report 2008-09

Time taken for Ministers to make appointment decisions

There is a commonly held perception that the Scottish Ministers take too long to make their appointment decisions. The perception is rooted in past experience - previously we drew the Scottish Ministers’ attention to gaps of up to 17 weeks between interview and informing people of the outcome of a round. The situation is changing and to highlight the change – and encourage potential applicants – we will monitor and report on the time taken to inform people of the appointment decision from the 2008-09 reporting year onwards both in the annual report and on the website.
Twenty-seven appointment rounds were completed in 2008-09. Of these, 22 resulted in an appointment. In just under a third of these the Minister made and communicated their appointment decisions within two weeks. Such quick decisions reflect the Code’s principle of respect for candidates. Whist recognising this improvement, we note that in just under a quarter of the rounds the Minister took over six weeks to make, or communicate, a decision. Details of all of these rounds can be downloaded from this link.

From March 2007, in accordance with its publication scheme, OCPAS will publish reports that can be downloaded from this page on the investigation of complaints and on examinations made by the Commissioner into public appointments. These summary reports will exclude information which might breach the confidentiality of candidates or complainants. They will not exclude information about a public appointments process which may lead to the identification of one or more of the people appointed as a result of that process.

• Reference 525/2007 - Non selection for interview for the position of Chair on the board of NHS Borders
• Reference CPA/2007/02 - Appointments of statutory nominees to the National Park Authorities
• Annexe one to report reference CPA/2007/02
• Annexe two to report reference CPA/2007/02
• Reference 940/2008 - Appointments to the Scottish Legal Complaints Commission
• Reference 940/2008 b - Appointments to the Scottish Legal Complaints Commission
• Reference 1471/2009 - Stakeholder appointments to health boards

Reviews conducted in 2008 and 2009

We brought audit of the public appointments process in-house in 2008, using two OCPAS Assessors and the Compliance Manager, instead of outsourcing the work to a firm of consultants.

The Commissioner asked the team to conduct two reviews: a proportionality review and a review of reappointments. The resulting reports can be downloaded from these links:

• The report on application of the principle of proportionality
• The report on reappointments
• A report on additional findings not related to these two subject areas

The Scottish Government was asked to respond to the findings in these reports on 26 June 2009. The formal response will be added to this section of the website when it is received.

First audits conducted under the Code introduced in 2006

This report represents the findings of the first audit of the public appointments process since the current Code of Practice was introduced in April 2006. The auditors were asked to review six separate appointment rounds and to report on how the Scottish Government was dealing with the requirements of the new Code. The summary report can be downloaded in pdf format here. The Scottish Government's formal response to the report and recommendations is incorporated into the body of the report and can be found on pages 12 to 16.

A pdf version of OCPAS's annual accounts for the year ended 31 March 2005 can be downloaded here.

A pdf version of OCPAS's annual accounts for the year ended 31 March 2006 can be downloaded here.

A pdf version of OCPAS's annual accounts for the year ended 31 March 2007 can be downloaded here.

A pdf version of OCPAS's annual accounts for the year ended 31 March 2008 can be downloaded here.

A pdf version of OCPAS's annual accounts for the year ended 31 March 2009 can be downloaded here.

A pdf version of Audit Scotland's review of OCPAS's corporate governance arrangements as at March 2006 can be downloaded here.

The audit report on OCPAS for 2008 to 2009 can be downloaded here.

The audit report on OCPAS for 2007 to 2008 can be downloaded here.

The audit report on OCPAS for 2006 to 2007 can be downloaded here.

The audit report on OCPAS for 2005 to 2006 can be downloaded here.

The audit report on OCPAS for 2004 to 2005 can be downloaded here.

Here you can download OCPAS's responses to recent consultations.

Local Healthcare Bill

Download a pdf version of OCPAS's response to the Local Healthcare Bill 2008 here.

Equality and Human Rights Commission - Grants Scheme

Download a pdf version of OCPAS's response to the EHRC grants scheme consultation here.

OCPAS's current register of interests for the Commissioner, staff and OCPAS Assessors can be downloaded here.

In this section, added in June 2009, you can download copies of our responses to Freedom of Information requests.

FOI Reference 1456 (1). This information relates to

• the funding received by OCPAS
• the number of employees and their wages and expenses
• whether OCPAS has any seconded staff and
• whether we advertised staff vacancies in 2008-09

FOI Reference 1456 (2). This information relates to

• events held by OCPAS including any team building events, and the cost of these
• any overseas visits made by OCPAS staff
• any costs related to promotional gifts or branding

FOI Reference 1456 (3). This information relates to

• all expenses claimed by the Commissioner including a breakdown of travel expenses.

FOI Reference 1474 (1). This information relates to

an appointment round for the Scottish Legal Complaints Commission which was started in February 2009 and cancelled in April 2009 before vacancies were publicised.

The introduction to OCPAS's business plan for 2009 to 2012 can be downloaded from this link.

The plan can be donwloaded from this link.

It is supported by a number of individual annual action plans:

OCPAS Monitoring Annual Action Plan 2009-10

OCPAS Office Operation Annual Action Plan 2009-10

OCPAS Public Awareness Annual Action Plan 2009-10

OCPAS Regulation Annual Action Plan 2009-10

OCPAS Research Annual Action Plan 2009-10

OCPAS's three year business plan for the years 2008 to 2011 can be downloaded here.

A copy of this leaflet is included in the application pack for every appointment that OCPAS regulates. It gives background information on the appointment process, advises individuals how to make a complaint and provides information on conflicts of interest. It can be downloaded here.

The Commissioner is required to investigate complaints made by any individual who believes that an appointment has not been conducted in accordance with the Code of Practice. Any applicant with concerns about the appointments process will first ask the relevant Scottish Government directorate to investigate. If the complainant has ongoing concerns they will approach OCPAS. OCPAS encourages approaches of this nature. When we are made aware of people’s perceptions and personal experiences of the public appointments process we are in a stronger position to effect changes. Hence, responding to complaints is one of the ways in which OCPAS can improve Scotland’s public appointments process. Every complaint upheld will lead to a review of practice, policy or process, and to changes aimed at preventing a similar complaint arising in the future.
Full details of the complaints process are available from OCPAS’s office and can be downloaded below :

OCPAS's policy on handling all complaints can be downloaded here.

OCPAS's complaints leaflet can be downloaded here.

OCPAS's procedure for handling complaints about public appointments can be downloaded here.

OCPAS's procedure for handling complaints about the work of OCPAS or decisions taken by the Commissioner for Public Appointments can be downloaded here.

OCPAS's methodology for complaint handling and investigations can be downloaded here.