TERMS OF APPOINTMENT

MAPPA LAY ADVISERS

1. Introduction
   • This memorandum contains information about the terms of appointment and service set by the Secretary of State, which should be understood and agreed by the candidate accepting appointment.
   • These terms of appointment may be subject to change. In such circumstances, the Secretary of State or his officials will write to members to inform them of changes to these terms of appointment.
2. Appointment and tenure of office
   • It should be noted that the post can be terminated at any time should any change in legislation make this necessary.
   • MAPPA Lay Advisers are appointed by the Secretary of State in accordance with section 326(2) & (3) of the Criminal Justice Act 2003.
   • The appointment will be subject to HMPPS Enhanced Level 1 for Not Directly Employed Workers vetting.
   • There must be no employment restrictions, or time limit on your permitted stay in the UK. You should normally have been resident in the United Kingdom for at least three years prior to your application.
   • A Lay Adviser may at any time resign their post by notice in writing addressed to the Strategic Management Board Chair. As standard, a Lay Adviser is required to give three months’ notice of their last day of service.
   • During the period of their tenure the member will be expected to adhere to these Terms and act in accordance with the terms of the Code of Conduct for Board Members of Public Bodies including the seven (Nolan) principles of public life, see Annex A.
   • Lay Advisers will be subject to annual performance reviews by a member of the Strategic Management Board.
3. Time Commitment and Attendance
   • The number of hours required may be more or less than 8 per month according to need.
   • There is no formal entitlement to annual leave; however you should discuss any requirements for absence with the MAPPA Co-ordinator. Members should report any absence due to sickness to the MAPPA Co-ordinator.
4. Place of Work
   • Your normal place of work will be determined locally.
5. Remuneration and allowances
   • The Strategic Management Board may pay legitimate expenses to each Lay Adviser. The payment of those expenses will be subject to the rules determined by the Strategic Management Board.
   • By agreeing to these Terms of Appointment the appointee is consenting to the disclosure of information on their remuneration.
6. Qualification
   • A Lay Adviser may not be employed as a Civil Servant at the Home Office or Ministry of Justice or in operational roles in the Police or HM Prison and Probation Service. Lay Advisers may not be Members of Parliament or of the Welsh Assembly or Local Authority councillors, where MAPPA are within their area of responsibility.
7. Security and Confidentiality
   • The provisions of the Official Secrets Act 1989 will apply to members in respect of official information acquired in the course of their appointment and will continue to apply after the appointment has ended.
   • Members must take all practicable steps to ensure the security and confidentiality of all and any records to which they have access during the course of their appointment. This requirement extends to any environment in which the members may be working, including working away from the office (including at home), staying in a hotel or travelling between destinations. If a member is working away from the office or staying in a hotel, they must ensure that sensitive information is stored securely when not in use. Particular care should be taken if the member is working on public transport.  They must ensure that other travellers do not have sight of sensitive information, either in hard copy or on laptop computer screens.
8. Training
   • Members will be expected to attend induction and training events as necessary during their tenure. Expenses for attendance will accord with the terms of appointment.
9. Conflict of Interest
   • Members must not, in any capacity engage in any activity that might undermine or be reasonably thought to undermine their independence and impartiality. Members must not undertake any tasks or activity that may in any way limit their ability to discharge their duties to the full.
   • More generally, there are five issues most frequently encountered that could lead to real, or apparent, conflicts of interest:

• Financial interests or share ownership – for example, holding shares in a firm that is considering applying or has licensed body status in relation to Alternative Business Structures could be a particular area of concern;
• Expertise or activity in particular areas, that whilst not precluding appointment may be perceived by the public as a conflict of interest –for example, it is especially important that associations with legal firms are explored fully;
• Membership of some societies or organisations – for example, dealings with the legal and financial sectors will need to be explored fully;
• Rewards for past or future contributions or favours;
• The activities, associations and employment of relatives or partners.
  • Members are required to declare any interest that may present an actual or perceived conflict of interest prior to appointment or at any time during their appointment if their position changes.
  • Members must conduct their private affairs in a way that minimises the possibility of conflict or embarrassment.
  • Lay Advisers are free to maintain personal association with trade unions, co-operative societies and trade associations to the extent that such associations do not conflict directly with the Strategic Management Board’s interests.
  • If any doubt arises on the application of these principles you should refer to the Code of Conduct or seek guidance from the MAPPA Co-ordinator, who may wish to consult the National MAPPA Team.

10. Removal from office
    • A member may at any time be removed from office by the Secretary of State.
    • The Secretary of State may not remove a member from office unless they are satisfied that the member has failed without reasonable excuse to discharge the functions of their office for a continuous period of at least three months, has been convicted of an offence, is an undischarged bankrupt or is otherwise unfit to hold office or unable to discharge its functions.
11. Conviction for criminal offences and other matters relating to conduct
    • Criminal offences and spent conviction checks will be carried out on non-judicial Members. Where a member is cautioned for or charged with any criminal offence, other than a parking or speeding offence without aggravating circumstance, they should report the matter at once to the Chair of the Strategic Management Board and keep them informed of the progress and outcome of the case. Failure to do so could itself in some cases amount to misconduct. The Chair in turn will inform the Secretary of State.
    • The Crime and Disorder Act 1998 makes provision that enables the Secretary of State to remove a member under certain circumstances. These include conviction for an offence. Convictions for some offences, including some motoring matters, need not necessarily be regarded as being incompatible with holding office. However, a conviction for other offences including those involving violence, dishonesty, moral turpitude or driving under the influence of alcohol or drugs may lead the Secretary of State to consider the fitness of that person to continue to hold office and the possibility of the exercise of powers to remove the member from office.
    • The Secretary of State believes that the public must be entitled to expect all office holders to maintain at all times proper standards of courtesy and consideration. Behaviour which could cause offence on racial, religious, disability, sexual orientation or gender related grounds or behaviour amounting to sexual harassment is not consistent with the standards expected of those who hold office. A substantiated complaint of conduct of this kind, whether or not previous complaints have been made, is in the Secretary of State’s view capable of being regarded as misconduct rendering a member unfit to continue to hold office.
    • Members must notify the Secretary of State if they get into serious financial difficulties, particularly if legal proceedings appear likely to be, or have actually been initiated. The Secretary of State considers it appropriate that if any member is aware of matters relating to conduct which may affect their position or which reflect on the reputation and standing of the Strategic Management Board generally, they will advise them at the earliest opportunity. The Secretary of State will in that event have full regard to any observations, which the member may wish to make on the matter. Indeed, while the Secretary of State believes that the public both deserves and expects the highest standards of conduct from those in statutory office, they will not consider the exercise of powers vested in them in respect of their conduct without serious cause and the most careful deliberation.
    • Members must avoid any action that involves, or may be seen as involving, the exploitation or misuse of their position or title for private purposes. Members are reminded that the facilities provided at public expense, including stationery and the means of despatching correspondence are provided for official duties and are not for personal use.
12. Gifts and Gratuities
    • Members must ensure that their integrity and judgement cannot reasonably be seen to be compromised, by accepting gifts.
    • Gifts, prizes, benefits, inducements or hospitality should be declined wherever possible, and any offers should be reported to the Chair of the Strategic Management Board. Where it would be ungracious or otherwise difficult not to accept you should inform the Chaire of the Strategic Management Board of the gift, the estimated value and the donor and ensure that a record is placed in the hospitality register. The MAPPA Co-ordinator will maintain a register of such gifts and hospitality on behalf of the Chair, and members will be expected to register them.
    • Similarly, care should be taken that no excessive extravagance is incurred on behalf of the Strategic Management Board with working lunches and other social occasions.
13. Relations with the Media
    • When dealing with the media members should be guided by the principle of what is compatible with carrying out their role as a member. It would be helpful if members forewarned the Ministry of Justice, directly or through the Chair, of any contact with the media that they judge might become publicly contentious, or on which the Secretary of State or their Ministers might be asked to comment.
14. Further information
    • Any further information about terms of appointment, travel subsistence and other allowances to which the members may be entitled will be readily supplied by the Ministry of Justice. If members have any queries in relation to any aspects of these terms of appointment they should contact the MAPPA Co-ordinator in the first instance who will liaise with the National MAPPA Team where necessary.

Annex A

THE SEVEN PRINCIPLES OF PUBLIC LIFE

Selflessness

Holders of public office should act solely in terms of the public interest.

Integrity

Holders of public office must avoid placing themselves under any obligation to people or organisations that might try inappropriately to influence them in their work. They should not act or take decisions in order to gain financial or other material benefits for themselves, their family, or their friends. They must declare and resolve any interests and relationships.

Objectivity

Holders of public office must act and take decisions impartially, fairly and on merit, using the best evidence and without discrimination or bias.

Accountability

Holders of public office are accountable to the public for their decisions and actions and must submit themselves to the scrutiny necessary to ensure this.

Openness

Holders of public office should act and take decisions in an open and transparent manner. Information should not be withheld from the public unless there are clear and lawful reasons for so doing.

Honesty

Holders of public office should be truthful.

Leadership

Holders of public office should exhibit these principles in their own behaviour. They should actively promote and robustly support the principles and be willing to challenge poor behaviour wherever it occurs.