Question to the Department for Environment, Food and Rural Affairs:

To ask the Secretary of State for Environment, Food and Rural Affairs, whether business appointment and governance rules apply to senior managers within Ofwat seeking to take up senior positions within companies regulated by that regulator.

Ofwat rightly recruits people on the basis of their skills and experience which help them to hold water companies to account. All Ofwat employees are subject to the civil service rules on independence, probity and propriety as part of their Code of Conduct applicable to all employees. The code of conduct covers the fact that on appointment and when leaving Ofwat, they are bound by the provisions of Criminal Law, including the Official Secrets Act.

As Civil Servants, the Business Appointment Rules (BAR) assess any concerns related to appointments sought by existing and former employees. Under the BAR, restrictions on taking up appointments may be required. Depending on the role and/or organisation someone is moving to outside of the Civil Service, Ofwat may need to place restrictions / conditions on them. This can include taking measures to remove them from pieces of work, meetings, access to systems and/or documents whilst they serve their notice. The rules can also apply for either 1 or 2 years after leaving the Civil Service (depending on the level of role) and Ofwat may put in place temporary restrictions on the type of work they can do for their new employer or require a delay in their start date. Any new employer will be notified of the restrictions.

Ofwat is solely responsible for assessing whether an application under the BAR rules is required and taking its own decisions.