A Commissioner shares collegiate responsibility with the Chair and
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Public Appointments PO Box 26867 Glasgow G4 7BG Telephone: 0870 240 1818 Fax: 0870 600 4111 Email: publicappointments@response-uk.co.uk Website: www.scotland.gov.uk/government/publicbodies April 2008 Dear APPOINTMENT OF COMMISSIONER TO THE SCOTTISH LAW COMMISSION Thank you for your interest in the above position. A copy of the application pack is enclosed for your information. The table below shows the key milestones during the appointments process. STAGE IN PROCESS Closing date for applications TIMESCALE 9 May 2008 Date of shortlist meeting to select candidates 19 May 2008 for interview Latest date for feedback for applicants not 20 June 2008 selected for interview Date of Interviews 9 June 2008 Latest date for feedback for candidates selected for interview Date of appointment 31 July 2008 1 September 2008 If you have any general queries regarding this application pack, please do not hesitate to contact me on 0131 244 2188. Further information about the duties and functions of the Scottish Law Commission is also provided at http://www.scotlawcom.gov.uk/ Yours sincerely MRS ALISON MASON PUBLIC APPOINTMENTS – GUIDANCE NOTES FOR APPLICANTS Please read these notes carefully before you fill in your application form. Contents of Application Pack This pack should contain: Advertisement Guidance Notes for Applicants (this document) Application Form Role Description Person Specification Background Note Public Appointments Monitoring Form Factsheet – Public Appointments: Impact on benefits for disabled people Information leaflet on the public appointment process A Regulated Appointment As explained in the leaflet on the application process, the procedure for this appointment is bound by the Commissioner for Public Appointments in Scotland’s Code of Practice. This means that it will be based on merit after a fair, open and transparent process that involves independent scrutiny and with the responsible Minister making the final decision about who to appoint. Complaints If you wish to make a personal complaint about any aspect of this appointment process, you should contact in the first instance the relevant Department of the Scottish Executive who will investigate your complaint on your behalf. If you are unhappy with the Executive’s response, you may wish to contact the Commissioner for Public Appointments in Scotland. The Commissioner operates an independent complaints procedures dealing with potential breaches in the Code of Practice for Ministerial Appointments to Public Bodies. Contact details can be found in the enclosed leaflet. Your Application Your application form is very important. You must therefore demonstrate clearly on your application form how you meet the published criteria. Please note that we accept applications in a number of different formats including audio, Braille and large print. The early stages of the application process are conducted anonymously. Personal information about you is contained in a part of the application form which is not seen by the selection panel and is not used to assess your suitability for appointment. Advice for Completing Your Application Form You should use black ink and write legibly (use BLOCK capitals to complete Part 1 of the form). You should fill in this form as completely and as clearly as possible. All sections of the application form must be completed. If you requested the application form electronically it will have been sent to you in Word format and must be returned in that format. Alternatively, the application form may be printed and forwarded to the contact centre in hard copy. Anonymisation is used to ensure that each application is treated fairly and equitably. The early stages of the application process are conducted anonymously. Personal information about you is contained in a part of the application form which is not seen by the selection panel and is not used to assess your suitability for appointment. However, you should not worry about referring to specific events and activities, e.g. employment by a named organisation, in completing your application. It is accepted that there will be situations where the applicant considers this necessary. It is left to the individual’s judgement and disclosure of such information will not count against you. Read each page carefully and answer every question that is relevant to you. Please do not substitute your Curriculum Vitae for a completed form since this will not be considered. This is to enable us to consider all applications on an equal basis. Review the selection criteria before completing the form. Remember to use specific examples which you think relate to the appointment in order to support how your knowledge, skills and personal qualities meet the criteria. Describe your contribution – what you did, how you did it, why you did it and the outcome it had. Evidence is information that tends to prove something i.e. not bold statements that you have the skills or knowledge, but supporting facts which indicate that this is the case. Statements which are backed up by tangible facts (in what role the skill was demonstrated, for how long, with what results, how often, for whom, where, when, what was involved, and so on) will therefore be treated as evidence for the purposes of assessing an application. For example, if the criteria is ‘the ability to work as part of a team’, the following answers would be deemed to have provided NO evidence: You state you have the skill but give no additional information to support this. e.g. I have developed excellent team working skills during my working life. Or You give a job title with no explanation of how this involved the skill required. e.g. As Chief Executive of some town Council I clearly have the ability to work well as a team member. Or No answer is given at all. Or You give a statement of opinion, but no examples of how the skill has been demonstrated in practice. E.g. I think good teamwork means valuing everyone’s contribution. There may be several aspects to a criterion so ensure you provide evidence that shows how you meet all aspects. Please ensure that you have signed the relevant documents. Forms returned electronically will require to be signed personally before any appointment can be made. Early receipt of completed application forms would be appreciated. keep a copy for reference. Please How we will handle your application Your application will be acknowledged by the contact centre within five working days of receipt. If you do not receive an acknowledgement, please get in touch with the contact centre in order to ascertain whether or not your application has been received by them. A senior official of the Executive will normally chair the selection panel. The other members will be an Assessor appointed by the Office of the Commissioner for Public Appointments in Scotland representative from the board of the public body. and usually a Initially your completed form will be assessed against the advertised criteria for the post to see whether you have the necessary specified skills, knowledge and personal qualities for the appointment. The selection panel will then decide whether you are to be interviewed. Ministers are not involved at this stage. If invited to interview you will be asked questions by the selection panel to assess whether you can demonstrate that you have the specified qualities. All interviewees will be advised in writing of the outcome of the interview. The Minister is then presented with a candidate summary containing a description of all Candidates interviewed. The Minister may choose to meet the candidates the panel has judged appointable. If you are successful you will be invited in writing, (normally by the Minister) to accept the appointment. Feedback will be offered to all candidates interviewed and provided on request to all other applicants. Nationality There is no bar on non-British nationals applying for and being appointed to the board of NDPBs. However, you must be legally entitled to work in the UK. Equality and Diversity Accessibility to appointments is a fundamental requirement and the appointments process will promote and demonstrate equality of opportunity and treatment to all applicants. The Scottish Executive is committed to encouraging a diverse range of applicants for public appointments, reflecting the best of contemporary Scotland and to the principle of appointment on merit with independent assessment, openness and transparency of process. For more information about Public Appointments and other vacancies please visit the Scottish Executive’s website at www.scotland.gov.uk/government/publicbodies. The Executive encourages disabled people to contribute to public life. The effect of taking up a paid public appointment may, however, affect any disability benefits you receive from the Department for Work and Pensions. This will depend on your individual circumstances and you should therefore seek early advice from the office that pays your benefit. Please see the enclosed Factsheet for further information. Postage When returning your application form, please ensure it bears the correct value of postage as failure to do so may cause Royal Mail to delay your application thus causing you to miss the closing date. Late applications will not be considered. Application forms sent by email and fax must be received by 5pm on the closing date. Interviews/Expenses Candidates can claim for reasonable expenses incurred in attending for interview, including dependent carer expenses. It is expected that the most efficient and economic means of travel will be used and reimbursement will normally be restricted to that amount. When an overnight stay is necessary, you must contact the Sponsor team, in advance, for confirmation of current subsistence rates. A copy of the Scottish Executive Travel and Subsistence rates and claim form can be obtained directly from the sponsor team although, if invited for interview, the rates with a claim form will be included in the letter of invitation. Receipts must be provided in support of all claims. Publicising Appointments Should you be appointed some of the information that you have provided will be made public in the press announcement of your appointment. This applies particularly to any other public appointments you may hold, and of any significant political activity recently undertaken by you. The press announcement release will include: Your name A short description of the body to which you have been appointment A brief summary of the skills and knowledge you bring to the role The period of appointment Any remuneration associated with the appointment Details of all other public appointments held and any related remuneration received A statement that the appointment has been made in accordance with the OCPAS Code of Practice Details of any political activity declared (as required by the Commissioner for Public Appointments in Scotland). Checklist Before returning your application form, you may find the checklist below to be of use. Application form signed and dated Public Appointments Monitoring form signed and dated Posted on/Sent on PERSON SPECIFICATION SCOTTISH LAW COMMISSION – COMMISSIONER The specification lists the skills, knowledge and personal qualities required to be considered for appointment as a Commissioner to the Scottish Law Commission. It is important to note that you should be able to demonstrate within your application and at interview (if invited to attend), how your skills, knowledge and personal qualities match those required. In particular, applicants must provide specific examples from their professional life which demonstrate how they have developed and/or used the skills and knowledge required for the role of Commissioner. SKILLS Essential criteria The successful candidate will demonstrate through examples – Intellectual and analytical ability ability to think at a strategic level ability to analyse complex issues capacity to weigh up conflicting views and come to own conclusion ability to propose rigorous, workable solutions sensitivity to the wider arena e.g. public interest, stakeholders Written and oral communication skills ability to explain, both orally and in writing, reasons for arriving at difficult decisions and conclusions ability to influence colleagues, including specialists or others with different levels of expertise Teamworking ability to work collaboratively towards a shared goal ability to communicate, interact and work as part of a team effective interpersonal skills with a range of stakeholders Leadership leadership qualities (although day to day responsibility for staff is not required) to ensure overall delivery of objectives/projects. KNOWLEDGE Essential criteria Sound general knowledge of Scots law Detailed knowledge of Scots criminal law demonstrate development of knowledge and specialisms particular areas of practice/knowledge EXPERIENCE As a practising solicitor, solicitor advocate, or advocate, or as a teacher of law in a university. PERSONAL QUALITIES will be assessed at interview only the highest standards of integrity and honesty confidence and good judgement Desirable criteria While not essential, you may have experience of the following: Research ability to use research, and demonstrate awareness of relevant sources, as a tool to inform current or previous work specialist areas of knowledge relevant to the job where you can demonstrate research undertaken ROLE DESCRIPTION – Scottish Law Commissioner General duties A Commissioner shares collegiate responsibility with the Chair and three other Commissioners for the discharge of the Scottish Law Commission's functions, in particular the formulation of legal policy and the drafting of discussion papers and reports in respect of all law reform projects. Accountability As a Ministerial appointee, the Commissioner is ultimately accountable to the Scottish Ministers, but within the Commission is accountable to the Chairman. Specific objectives Responsibilities for the Commissioner appointment include participating in the work on the recent reference from Scottish Ministers on Rights of Appeal, Double Jeopardy and Evidential Questions. The work is being undertaken with the aim of reporting on appeal rights in summer 2008, on double jeopardy as early as practicable in 2009, and on the other matters in 2010 or 2011. Period of appointment Three to five years. Working hours This is a full-time appointment over 5 days, Monday to Friday SCOTTISH GOVERNMENT CIVIL AND INTERNATIONAL JUSTICE DIRECTORATE APPOINTMENT OF COMMISSIONERS TO THE SCOTTISH LAW COMMISSION Scottish Law Commission: Functions and Establishment The Scottish Law Commission (the Commission) is an independent body, sponsored and funded by the Scottish Government. The Commission was established under the Law Commissions Act 1965 and is charged with the duty of keeping the law of Scotland under review with a view to its systematic development and reform. A similar law reform body for England and Wales, the Law Commission, was set up under the same Act, and a law reform body has recently been established in Northern Ireland. From time to time the Commission submits a programme of work to the Scottish Ministers. In addition, the Scottish Ministers, or UK Ministers in the case of projects in reserved areas of Scots law, or joint projects with the English Commission, may refer a law reform issue to the Commission at any time. The Commission’s Seventh Programme of law reform began on 1 January 2005 and will run to the end of 2009. The Scottish Law Commission’s function is to recommend reforms to improve, simplify and update the law of Scotland. The Commission plays a leading role in developing the law for the people of Scotland so that it is just, principled and responsive. Major reforms which rested on work done by the Scottish Law Commission include the Family Law (Scotland) Act 2006 and a trio of property law reform measures which abolished feudal tenure in Scotland. Among the projects in the current programme are: A review of the law on land registration, with particular reference to issues which have arisen in the operation of the Land Registration (Scotland) Act 1979. A review of the law of succession Jointly with the English Commission, a review of insurance law which will try to make the law more coherent, and ensure equal treatment of the insurer and the insured. A review of the law of trusts The main work of the Commission consists in preparing for submission to government and Parliament reports (with draft legislation) containing recommendations on ways in which the law of Scotland can be improved, brought up to date, and simplified. The Commission also provides advice and information less formally at the request of government departments or other bodies concerned with law reform and works on the consolidation of statute law and statute law revision. Commissioners are appointed by Scottish Ministers. The Commission has a part time Chair, the Hon Lord Drummond Young, who is a Senator of the College of Justice, three full-time Commissioners, at present Professor Gerry Maher QC, Professor Joseph Thomson and Professor George Gretton, and one part-time Commissioner, at present Mr Colin Tyre QC. The core legal staff providing support to Commissioners comprises five qualified lawyers on loan from the Government Legal Service for Scotland, and a legal trainee. There is also a small number of legal assistants employed by the Commission for a year or two at a time. In addition, the Commission has the services of Scottish Parliamentary Counsel, who prepares the draft legislation annexed to Commission reports, although occasionally outside drafters may be engaged in this task. The administration is headed by Malcolm McMillan who is on loan from the Scottish Government, and acts as the Commission’s chief executive. There are 7 further members of staff including a professional librarian. Organisation and Operation Allocation of work The Chair allocates Commissioners to projects in consultation with them and with the Chief Executive. The Chief Executive allocates legal staff to projects in consultation with the Chair and Commissioners. Working in Teams Project work is carried on by small teams made up of Commissioners, core legal staff and legal assistants. Teams may be assisted by external consultants and specialists, and by advisory groups of experienced legal practitioners and other professionals. Each team, which will usually have three or four members, works on a particular project or projects, developing proposals for the reform of the law. Proposals are scrutinised by the full Commission and set out in a discussion paper which is published for consultation. Following the consultation period, the comments from consultees are analysed and the Commission’s policy finalised. Recommendations for reform are then made in a report (with draft legislation) which is submitted to Scottish Ministers or, in the case of reports dealing with the law in reserved areas, to the UK government. Each team has a lead Commissioner for each of its projects, and a project manager who is one of the Commission’s core legal staff. The lead Commissioner has primary responsibility within the team for the formulation of legal policy. One of the main tasks of the project manager is to plan the team’s work, in consultation with the lead Commissioner, to ensure that the deadlines for completion of projects are met. The Commission sets firm timetables for completion of its projects. Content and Nature of the Work Current Projects Projects are currently under way on a number of topics: Damages for Wrongful Death Trusts Land Registration Succession Rights of Appeal, Double Jeopardy and Evidential Questions Projects carried out jointly with the Law Commission: Consolidation of statutes Insurance Law Simplification and rationalisation of consumer remedies Statute Law Revision Some of the Commission’s current projects are part of its Seventh Programme of Law Reform which was published in January 2005 and runs to the end of 2009. Other projects have been referred to the Commission by Scottish Ministers or by a UK government department. While some of the Commission’s work may often be the focus of political attention, it is all of immediate practical significance to the legal profession. Further information about the Commission’s current projects may be found on its website at www.scotlawcom.gov.uk. A number of the Commission’s current projects will result in publications this year. Recent publications include the Report on Rape and Other Sexual Offences, the Report on Personal Injury Actions: Limitation and Prescribed Claims, the Report on Sharp v Thomson and the Report on Variation and Termination of Trusts. A joint consultation paper was published with the Law Commission on Insurance Contract Law: Misrepresentation, Non-Disclosure and Breach of Warranty by the Insured (Discussion Paper 134). About the Role Responsibilities of the Commissioner appointed include participating in the work on the recent reference from Scottish Ministers on Rights of Appeal, Double Jeopardy and Evidential Questions. The work is being undertaken with the aim of reporting on appeal rights in summer 2008, on double jeopardy as early as practicable in 2009, and on the other matters in 2010 or 2011. The Commissioner’s work on this reference will relate principally to Double Jeopardy and Evidential Questions. The Commissioner of each team is responsible for leading the work of the team. The Commission has a staff of around 20, varying according to the workload and need for additional expertise. There are currently a number of law reform teams at the Commission, each with its own Commissioner. The teams currently cover property law, insurance contract law, succession, trusts, damages for wrongful death, consumer remedies and criminal law; in addition there is a team dealing specifically with rights of appeal in criminal cases. Lord Drummond Young chairs the formal meetings of the Commissioners. He also is the lead Commissioner. These meetings occur roughly twice a month between September and June. He is answerable to Scottish Ministers for the performance of the Commission. Although the Chair and Commissioners work closely with the lawyers who support them, they have no line management responsibilities for the staff of the Commission, who are all civil servants provided by the Scottish Government. The Chief Executive, Malcolm McMillan is a senior civil servant, and is responsible for staffing, funding and management, and he works closely with Commissioners to support them. The Commissioners, however, have collective responsibility to ensure that the Commission observes the highest standards of governance at all times. Nature of the Work Commissioners are collectively responsible for all recommendations for reform of the law which are made in their name. Their primary role is to formulate and guide the development of legal policy in the context of the individual projects. They may carry out basic legal research on their own account, but generally their role in relation to basic research is to steer the work of others, i.e. the core legal staff and legal assistants, or external consultants engaged by the Commission. They may draft discussion papers and reports or oversee that work when it is delegated to others. They have a major role, along with core legal staff, in instructing draft legislation which is drafted by Scottish Parliamentary Counsel or occasionally by an outside drafter. The Commission’s work is based on thorough research and analysis of case law, legislation, academic and other writing, law reports and other relevant information both in Scotland and in other jurisdictions. In most cases, it seeks advice from an advisory group drawn from interest groups in the particular area of law or legal policy under examination. It normally publishes a discussion paper inviting views before it publishes its recommendations. The discussion paper describes the present law and its shortcomings, and sets out possible options for reform. The views expressed in response by consultees are analysed and considered very carefully. The Commission’s final recommendations are set out in a report, which, where the recommendations involve primary legislation, usually contains a draft Bill; Scottish Ministers lay such reports before the Scottish Parliament, and it is then for the Scottish Government (or, in the case of joint reports, the UK Government), to decide whether to accept the recommendations in principle and whether to introduce any necessary legislation in Parliament. In conjunction as appropriate with the English Commission, the Commission may prepare legislation for the repeal of statutes which are obsolete or unnecessary. The Commission also has responsibility for consolidation of legislation. Much of the work involves collective discussion at team and Commission level. Commissioners are expected to foster effective team working, in consultation with the Chief Executive and the project managers, to participate in preparing papers for discussion at team and Commission meetings and to lead the discussion. Formal Commission meetings, at which the detail of one or two projects will be considered, are held regularly, usually every fortnight, except for a two month break in the summer. The work requires liaison with the Scottish Government, and on occasion with Whitehall government departments, with the Law Commission in London, and with professional and other organisations, as well as with the Commission’s consultees, advisory groups and working parties and with external consultants engaged by the Commission. Commissioners are occasionally required to represent the Commission at conferences. Facilities Commissioners have secretarial support and the use of a PC. The Commission has a well stocked library and access to other specialist legal libraries in Edinburgh and elsewhere. The Librarian can provide support for searching the available databases. Location Commissioners are based at the Commission’s offices at 140 Causewayside, Edinburgh EH9 1PR. The office is close to local shops, banks and a Post Office and is situated close to bus routes to the city centre. Public Appointments: Impact on benefits for disabled people Incapacity benefit Income Support Working Tax Credit Housing Benefit Council Tax Benefit Disability Living Allowance The Government is committed to improving the diversity of the boards of public bodies and to increasing the participation of disabled people. Many public appointments are now remunerated. This has an effect on entitlement to benefits. The actual impact depends on individual circumstances, the type of benefit and type of appointment. It is important that applicants in receipt of benefits seek advice from the Department that pays the benefit. Earning limits There is an upper limit on the amount that can be earned while receiving income replacement benefits (such as Incapacity Benefit, Income Support and Job Seekers Allowance). These are linked to other benefits (such as Housing Benefit and Council Tax Benefit). Payments of both income related and any linked benefit may be reduced or cease if remuneration from a public appointment is over the permitted limits. Hours There is also a limit on the number of hours that can be spent on a remunerated appointment whilst receiving certain benefits. Where a public appointment involves work averaging more than sixteen hours a week over an extended period, entitlement to Incapacity Benefit ceases. However appointees may become eligible for Working Tax Credit. Mobility allowances Disability Living Allowance is assessed on the basis of care or mobility needs arising from a person’s illness or disability. It is paid irrespective of whether that person is working and earning or not. Anybody whose care or mobility needs have increased or decreased must advise the Disability Benefit Unit which may reassess and adjust the allowance. Expenses The reimbursement of reasonable expenses does not affect payments of benefits, provided these are wholly, exclusively and necessarily incurred in fulfilling public duties. Further information More information about benefit conditions is available from these sources: Incapacity Benefit: website link http://www.jobcentreplus.gov.uk/JCP/Customers/WorkingAgeBenefits/00 8025.xml.html This site includes information about the hours and earnings allowed under the “Permitted Work Rules”. Income Support: website link http://www.jobcentreplus.gov.uk/cms.asp?Page=/Home/Customers/Work ingAgeBenefits/493 This site includes information about “Linking Rules” (these apply if you leave benefit for work but are unable to continue because of ill health or disability) and “Voluntary Work”. Working Tax Credit: website link http://www.hmrc.gov.uk/taxcredits/wtc-keyinfo.htm This site explains what tax credits are and how to claim them if you have been receiving an incapacity benefit. Housing Benefit: website link http://www.dwp.gov.uk/lifeevent/benefits/housing_benefit.asp Council Tax Benefit: website link http://www.dwp.gov.uk/lifeevent/benefits/council_tax_benefit.asp Disability Living Allowance: website link http://www.dwp.gov.uk/lifeevent/benefits/disability_liv_allowance.asp This information has been agreed with Department for Work and Pensions.
