OCPAS: The Office of the Commissioner for Public Appointments in Scotland

Publications

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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

Audit Reports on OCPAS activities

OCPAS's register of interests

OCPAS Business Plan

OCPAS Leaflet

OCPAS Complaints Policies and Procedures

If you are having trouble viewing the Code or guidance, you may not have installed Adobe's free acrobat reader. Visit the Adobe website to install this software.

Code of Practice for Ministerial Appointments to Public Bodies in Scotland

Click here to download a pdf copy of the new Code. This came into force on 01 April 2006.
Click here to download a pdf copy of the guidance for OCPAS Assessors on the application of the new 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

Employment Equality (Age) Regulations 2006

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

CRE Code of Practice on Race Equality for Public Bodies

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.

OCPAS Annual Reports

A pdf version of OCPAS's first annual report for the years 2004-05 can be downloaded here.

A pdf version of OCPAS's second annual report for the years 2005-06 can be downloaded here.

A pdf version of OCPAS's third annual report for the years 2006-07 can be downloaded here.

A pdf version of OCPAS's fourth annual report for the years 2007-08 can be downloaded here.

Reports on OCPAS investigations or examinations into public appointments

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.

Reports of audits of the public appointments process

This report represents the findings of the first audit of the public appointments process since the new Code of Practice for Ministerial Appointments to Public Bodies in Scotland 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.

OCPAS Annual Accounts

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.

Audit of OCPAS's Governance and Other Activities

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 2007 to 2008 can be dowloaded 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.

OCPAS's Register of Interests

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

OCPAS Business Plan

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

OCPAS Leaflet

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

Complaints Policy and Procedures

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 Executive department 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 guidance 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.