Question to the Cabinet Office:

To ask the Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office, with reference to Paragraph 5 of the Civil Service Management Code, what guidance governs (a) the circumstances in which Ministers may make undertakings that legislation which does not bind the Crown will be applied as if it did so and (b) the procedure for issuing such undertakings; and if he will publish that guidance.

As referenced in my answer to PQ 5182 on 26 May 2021, the Civil Service has not applied any legislation which is not binding on the Crown as if it were so binding. Paragraph 5 simply makes clear that departments must fully comply with legislation that binds the Crown. There is no guidance covering when legislation that does not bind the crown should be applied as if it did so.