BARs FAQs

For essential information on the Business Appointment Rules for senior civil servants and special advisers, please refer to the GOV.UK website. This page is intended to address the most frequently asked questions the Civil Service Commission receives on the Business Appointments Rules but if you have further questions please email [email protected]. 

The application process, levels and timings

1. When must I submit my application?

You must submit your application and receive final advice before accepting, announcing, or starting any outside appointment. For more information about the application process, please visit the Commission’s webpage here. 

If you are unsure whether you need to submit an application or how to do so (and your grade is SCS Pay Band 3 or equivalent and above), please contact your department, or the Civil Service Commission (via [email protected]), at the earliest opportunity. Early approaches are encouraged.

2. What is the difference between a Level 1 and a Level 2 application?

The application process is tiered based on the complexity and inherent risk of the proposed role.

The government recognises that there is a range of roles that do not pose as a significant risk to government integrity as others (for example: unpaid work, academic positions, or journalism roles). For such positions, a briefer Level 1 application form will be used. For the full list of categories which only require a Level 1 application, please see the GOV.UK website.  Applications should be submitted straight to the Commission (via [email protected]). A departmental view is not required for Level 1 applications (nor do they need to be sighted). 

For all other paid roles, including proposals to establish consultancies, a Level 2 application must be made. Applications should be submitted via your former department’s HR team. For the most senior cases (SCS4), the Cabinet Office Propriety and Ethics Team (PET) team will also be involved in the initial review before the case is referred to the Commission. 

Ensure that you provide sufficient detail in your application forms, as you may be required to provide further information if not, which will delay your advice. If you are unsure as to the level of information to provide, please contact the Commission for guidance. 

3. Can I apply for speculative advice for a role I have not been offered yet? 

Yes. If you are in discussions or have a specific opportunity in mind, you can apply for speculative advice. However, the Commission requires a clear description of the proposed role and responsibilities to provide meaningful advice. Blanket approvals cannot be provided for hypothetical sectors. 

If the scope or nature of your role changes by the time you are formally offered your prospective role, you will need to outline this for the Commission’s consideration.

4. What information do I need to provide?

You must provide comprehensive details of your former government responsibilities – specifically any involvement in policy development, regulatory decisions, or commercial transactions relevant to your proposed role and employer – as well as details of your new role and whether your prospective employer holds a contractual relationship with the government. Providing as much information as possible is helpful for the department and the Commission’s analysis of the application; you may be required to provide further information if insufficient detail is provided, which can slow down the process for providing advice.

To maintain public confidence, final advice letters are published on the Commission’s website once an approved appointment is formally announced or taken up. If you decide not to take up an approved role, no details are published.

5. How long does the process take?

The Commission’s SLAs are published on its website. The Commission aims to provide provisional advice within 7 working days for Level 1 applications and 14 working days for Level 2 applications. These targets apply after the Commission receives a fully completed application form, including the department’s input for Level 2 applications.  

Once the Commission receives your confirmation that you are content with the provisional advice letter, your advice will be submitted to the final decision maker for your appointment. Although response rates vary, this typically takes around 2 weeks. 

The final decision-maker is determined by your seniority and role at the time you left the Civil Service. Applications for all SCS3/SCS4 civil servants are referred to the Prime Minister, with the following exceptions:

• MOD officials (SCS3 and equivalent): Secretary of State for Defence
• FCDO officials and Diplomats (SCS3 and equivalent): Foreign Secretary
• Special Advisers (Pay Band 4): Permanent Secretary of the relevant department.
• Devolved Administrations (SCS3/SCS4): First Minister (Scottish Government, Welsh Government).

What can I expect from the Commission?

6. How do I find out what stage my application is at?

The Commission will regularly update you on which of the six stages your application is at to give you a live understanding of your case status. Should you have any queries or concerns, please contact the Commission (via [email protected]).

• Stage 1 (Application Submission – Acknowledgement): When the Commission receives your completed application form from your former department, an email of acknowledgement will be sent to you.
• Stage 2 (Analysis and Review): The Commission will inform you when your case progresses to this stage. Upon drafting the provisional advice letter, the secretariat will submit Level 2 advice letters to a panel of independent Commissioners for their approval.
• Stage 3 (Provisional Advice): The Commission will issue the provisional advice and recommended conditions for your review.
• Stage 4 (Final Decision): Once the Commission receives your confirmation that you accept the advice, the application will be submitted to the final decision maker for your appointment.
• Stage 5 (Final Advice Shared): After the Commission issues your final advice letter, you must inform the secretariat as soon as the role has been taken up or announced.
• Stage 6 (Publication): The Commission will publish the letter on its website as part of the standard process.

To view a complete overview of the Commission’s six-step application process at any time, please see the Application Process webpage.

7. What can I contact the Commission for?

For more information on published cases, the application process, the BARs policy review, freedom of information requests, and the audit process, you can access the Commission website. 

For anything urgent or not included on the Commission’s website, or for any queries you have relating to your application and the overall process, please contact [email protected].

Risk assessment and core principles

8. What are the main risks the Commission evaluates, and how are they defined?

Every application is assessed against three risks:

1. Risk of reward: Suspicion that an appointment might be a reward for past favours.
2. Access to information: The risk that an employer might gain an improper advantage by appointing a former civil servant who holds sensitive information about its competitors, or about impending government policy. 
3. Risk of improper influence: The risk of a former civil servant  improperly exploiting privileged access to contacts in government. 

9. What standard conditions should I expect?

Most advice includes a set of ‘standard’ restrictions for two years from your last day in office:

• Privileged information: you should not draw on (disclose or use for the benefit of you or the persons or organisations to which the advice refers) any privileged information available to you from your time in the Civil Service.
• Lobbying: for two years from your last day in the Civil Service, you should not become personally involved in lobbying the UK government or its arm’s length bodies on behalf of your new organisation. You should also not use, directly or indirectly, your contacts in the government and/or Civil Service to influence policy, secure business/funding or otherwise unfairly advantage your new organisation (including parent companies, subsidiaries, partners and clients).
• Bids and contracts: for two years from your last day in the Civil Service, you should not provide advice to your new organisation on a bid or contract relating to the UK government or its arm’s length bodies.

Depending on the risk profile of the applications, further conditions may be imposed to manage the risks. Although no two cases are the same, the Commission’s published cases give examples of conditions imposed. 

10. What do the different “engagement with government” bans permit and restrict?

If the risk of improper influence is high, the standard lobbying ban may be upgraded to a stricter engagement ban. These operate on three levels:

• Standard lobbying ban: You may maintain normal contact with government officials, provided it does not constitute lobbying or attempt to influence policy, contracts, or funding. You may respond to HMG-initiated communications.
• Ban on initiating engagement: You may attend events or meetings alongside HMG representatives on behalf of your employer but are strictly barred from initiating or leading any conversations regarding policy, contracts, or bids. You may, however, respond to direct invitations from HMG.
• Ban on any engagement: You are completely prohibited from active engagement with government on behalf of your employer, except to respond to specific communications or invitations where HMG has explicitly requested your input.

Separately, there may be the need to seek additional confirmation from your prospective employer in order to mitigate any perceived risks of your appointment. 

• Confirmation from the applicant and employer: You and your employer will provide written confirmation that the conditions will be adhered to and that the proposed role will not involve lobbying activities. 

Compliance, waiting periods and managed exits 

11. What happens if my future role changes or expands after I receive advice?

Your approval is role-specific. You must seek further advice from the Commission if you propose to significantly change or expand your role within the two-year restriction window. This includes situations where an unpaid role becomes remunerated, or if the material scope of your responsibilities shifts.

12. What if I have an ongoing role within government?

The Commission’s jurisdiction exists solely in relation to the Rules, and the risks associated with an applicant’s former role in office. While the Commission notes the potential for conflicts of interest arising from ongoing roles held by applicants, these roles are governed by separate departmental conduct frameworks and fall outside the remit of the Commission. The decision to impose any conditions in the Commission’s advice letters is intended to mitigate risks specifically related to an applicant’s time in the Civil Service. Any risks which may arise from other roles are to be managed by the relevant government bodies concerned.

13. What happens if I disagree with the Commission’s advice?

The advice is initially issued as provisional. If you believe the risks have been over-assessed or conditions are unworkable, you have the opportunity to respond to the Commission’s recommendations or provide further evidence.  

Once the advice has been finalised, you must formally confirm you will abide by the conditions in the advice letter. Before you take up or announce the appointment, you must also notify the Commission that you will do so. The Commission will then publish the advice letter in line with any scheduled announcements from you or your prospective employer. 

14. If I am leaving the Civil Service via a managed exit or settlement agreement, do the Rules still apply?

Yes. The requirement to seek advice under the Rules is independent of the circumstances of your departure. All senior officials (SCS3/4 and above) must still apply to the Commission for any outside role they intend to take up within two years of their last day in post. 

Breaches and retrospective applications 

15. What are the consequences of breaching the Rules?

Failure to seek final advice before accepting, announcing, or starting a role, or a breach of the conditions imposed on an appointment will lead to a formal finding of non-compliance. This is published on the Commission’s website.

16. What if I realise I need to submit an application, but I have already taken up or announced the role?

If you realise you should have submitted a BARs application and have already announced or taken up your role, you should engage with us immediately. Please note the following:

• Because advice must be sought before an appointment is accepted, all retrospective applications are formally treated as a breach of the Rules.
• In the interest of public accountability, all retrospective applications and their subsequent breach findings will be published on the Commission’s website.

17. What if I realise I have breached the Rules?

Similar to retrospective advice, the Commission encourages active cooperation and transparency if you realise you have breached the Rules – either by failing to apply for a role or by failing to comply with a condition – you should engage with us immediately by emailing [email protected].