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Appointment details

Deputy Traffic Commissioner for Scotland

Summary

• Organisation: Traffic Commissioners
• Sponsor department: Department for Transport
• Location: Scotland
• Sectors: Transport
• Skills: Legal, Judicial, Regulation
• Number of vacancies: 1
• Time commitment: 92 day(s) per annum
• Remuneration: £483.69 per day
• Length of term: 4 years
• Application deadline: 11:59pm on 2 May 2023

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Timeline for this appointment

1. Opening date

   4 April 2023

2. Application deadline

   11:59pm on 2 May 2023

3. Sifting date

   18 May 2023

4. Interviews expected to end on

   7 July 2023

Timeline dates are only an estimate and can change

About the appointment

Appointment description

The role of a Deputy Traffic Commissioner is to support the Traffic Commissioner to provide additional resource and resilience to the regulatory regime. When deployed they must have regard to the Statutory Guidance issued by the Senior Traffic Commissioner and act under general directions. Their duties are similar to that set out for Traffic Commissioners below:

 Traffic Commissioners have responsibility in their traffic area for:

•         The licensing of the operators of goods vehicles and of buses and coaches (public service vehicles or PSVs);

•         The registration of local bus services;

•         Granting vocational licences and taking action against drivers of heavy goods vehicles (HGVs) and PSVs;

•         The environmental suitability of centres designated as parking locations for HGVs.

Traffic Commissioners promote:

•         The safe operation of goods vehicles and PSVs;

•         Fair competition between operators;

•         Reducing the burden on compliant operators;

•         The safe and responsible conduct of HGV and PSV drivers.

The Traffic Commissioners’ main functions can be summarised as follows:

•         To ensure that people operating goods vehicles and PSVs are reputable (fit), competent, and adequately funded;

•         To encourage all operators to adopt robust systems, so that there is fair competition and that the operation of goods and public service vehicles is safe;

•         To consider on behalf of the Secretary of State for Transport the fitness of drivers or those applying for public service vehicle or large goods vehicle driving licences based on their conduct;

•         To consider, and where appropriate impose traffic regulation conditions to prevent danger to road users and/or reduce traffic congestion and/or pollution;

•         To ensure public inquiry proceedings are fair and free from any unjustified interference or bias;

•         To engage with stakeholders - listening to industry, meeting with local authorities, trade organisations, passenger groups and operators and presenting seminars.

Scotland

In addition to the normal duties of a Traffic Commissioner, people appointed as Traffic Commissioner or a Deputy Traffic Commissioner for Scotland also conduct hearings under The Civic Government (Scotland) Act 1982 in respect of taxi fare scale appeals. The Traffic Commissioner and Deputy Traffic Commissioners for Scotland also have functions and powers under the Transport (Scotland) Act 2019 in relation to bus services within Scotland.

Organisation description

Traffic Commissioners are appointed by the Secretary of State for Transport but are independent public post holders. They act both as independent regulators and in a judicial role, as single person tribunals when conducting public inquiries in relation to licence applications and disciplinary matters and demonstrate impartiality in all aspects of decision making.

Traffic Commissioners were historically the ‘competent authority’ fulfilling the requirements of EU Regulation 1071/2009, and undertaking the regulation of road transport undertakings, including the power to set conditions, impose sanctions and remove the authorisation to operate. They continue to hold this essential function now for the UK and have important regulatory functions in relation to the EU-UK Trade and Cooperation Agreement.

Through deployment each Traffic Commissioner has a responsibility for a defined geographical area and is regionally based. There are eight traffic areas in Great Britain. Traffic Commissioners work together to deliver a consistent and transparent national regulation, whilst maintaining localised service and knowledge. Deputies are also associated with a specific area, but as with full-time Traffic Commissioners, may be required to carry out duties in other parts of the country depending on demand. 

Traffic Commissioners are supported by a team of staff in their own traffic area (who are DVSA employees) plus a centralised team of DVSA staff in Leeds. The team deals with the administration of the licensing systems and carries out routine licensing functions under the delegated authority of the Traffic Commissioners.

Regulation of appointment

This post is regulated by the Commissioner for Public Appointments. For more information, please refer to the Commissioner’s website 

Person specification

Essential criteria

Part One: Qualifications & Experience

Essential

• Candidates should be a qualified solicitor (preferably in Scots law), advocate or barrister (candidates are not required to hold a current certificate to practice).

·       Demonstrate an ability to understand complex legal issues, to reach fair, evidence-based decisions and to communicate effectively with individuals at all levels.

·       Sound understanding or interest in the road transport sector or relevant experience in related areas.

Desirable

·       Knowledge of operator licensing and road transport law.

Part Two: Key competencies and behaviours

Essential

·       Ability to grasp the principles of administrative law and to conduct legal proceedings and investigations in public.

·       Exceptional analytical skills, the ability to work with others’ analysis of complex written and numerical data and the ability to express complex issues clearly.

·       Able to question insightfully and get to the heart of the matter quickly; able to put complex legal issues or proceedings into clear and concise language (both verbally and in writing).

·       Sound judgement skills; able to reach clear, reasoned, fair, impartial and evidence-based decisions.

·       Able to engage and communicate effectively with a wide variety of audiences including handling media interest. Self-confident and politically astute.

• Able to undertake all the required functions of the job including hearings, submissions and other ad hoc duties.
• Willingness to embrace and contribute to the development and modernisation of the operator licensing system.

·       Commitment to continuous improvement and maintaining the quality and consistency of service standards.

·       Able to work in a highly collegiate manner including with other public authorities.

·       Act in accordance with the standards expected of those in public life.

Application and selection process

How to apply

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In order to apply you will need to create an account or sign in.

Once you are logged into your account, click on 'apply for this role' and follow the on-screen instructions. To apply, all candidates are required to provide:

• a Curriculum Vitae (CV)
• a supporting statement
• equality information
• information relating to any outside interests or reputational issues

We will ask you to check and confirm your personal details to ensure your application is accurate.

You will also have the opportunity to make a reasonable adjustment request or apply under the disability confident scheme before you submit your application.

The Advisory Assessment Panel reserves the right to only consider applications that contain all of the elements listed above, and that arrive before the published deadline for applications.

Overview of the application process

Public appointments are made on merit following a fair and open competition process which is conducted in accordance with the Governance Code for Public Appointments. We will deal with your application as quickly as possible and will keep you informed at key stages. We aim to conclude the appointment process within three months of the deadline for applications – this is in accordance with the Governance Code.

The assessment process

1. Ministers are responsible and accountable to Parliament for the public appointments made within their department. As a result, they must be consulted at every stage of the appointments process.

2. An Advisory Assessment Panel (“Panel”) is appointed by Ministers to assist them in their decision making. The role of the Panel is to decide, objectively, which candidates meet the eligibility criteria for the role.

3. At the shortlisting meeting the Panel will assess applications against the eligibility criteria and decide which candidates have best met the criteria, who should be recommended for interview. Ministers will then be consulted on the Panel’s recommended shortlist. If you have applied under the Disability Confident Scheme and you meet all the essential criteria, then you will also be invited for an interview.

4. Once the shortlist has been agreed by Ministers, you will be advised (by e-mail) whether you have been shortlisted. Those shortlisted will be invited to an interview.

5. The Panel will meet again to interview candidates and determine who is appointable to the role. The Panel may invite you to make a brief presentation at the start of the interview and will go on to question you about your skills and experience, including asking specific questions to assess whether you meet the criteria set out for the post. The Panel will also explore with you any potential conflicts of interest or any other issues arising from your personal and professional history which may impact on an appointment decision.

6. Details of the panel’s assessment of interviewed candidates are provided to Ministers, including whether they have judged a candidate to be appointable to the role. It is then for Ministers to determine merit and decide who should be appointed. In some circumstances, Ministers may choose not to appoint any candidates and re-run the competition.

7. Ministers may choose to meet with candidates before deciding the outcome. Candidates should therefore be prepared for a short time gap between interview and a final appointment decision being made. Candidates who have been interviewed will be kept informed of progress.

8. Once the decision on the appointment has been made, interviewed candidates will be advised of the outcome of their application, including whom they may approach for feedback. Successful candidates will be issued with their Terms & Conditions and a letter of appointment should they agree to take up the position.

Further information about appointments, including tips on applying, can be found on our guidance pages on gov.uk.

Advisory Assessment Panel (AAP)

Advisory Assessment Panels (AAP) are chosen by ministers to assist them in their decision-making. These include a departmental official and an independent member. For competitions recruiting non-executive members of a board (apart from the Chair), the panel will usually include a representative from the public body concerned.

AAP’s perform a number of functions, including agreeing an assessment strategy with ministers, undertaking sifting, carrying out interviews in line with the advertised criteria and deciding objectively who meets the published selection criteria for the role before recommending to ministers which candidates they find appointable. It is then for the minister to decide who to appoint to the role.

The panel for this role will include representatives from the Traffic Commissioners for Great Britain, DfT sponsors and an independent panel member.

Eligibility criteria

In general, you should have the right to work in the UK to be eligible to apply for a public appointment.

There are a small number of specialist roles that are not open to non-British citizens. Any nationality requirements will be specified in the vacancy details.

The Government expects all holders of public office to work to the highest personal and professional standards. 

You cannot be considered for a public appointment if:

• you are disqualified from acting as a company director  (under the Company Directors Disqualification Act 1986);

• have an unspent conviction on your criminal record;

• your estate has been sequestrated in Scotland or you enter into a debt arrangement programme under Part 1 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17) as the debtor or have, under Scots law, granted a trust deed for creditors.

When you apply, you should declare if:

• you are, or have been, bankrupt or you have made an arrangement with a creditor at any point, including the dates of this. 

• you are subject to a current police investigation.

You must inform the sponsor department if, during the application process, your circumstances change in respect of any of the above points. 

When you apply you should also declare any relevant interests, highlighting any that you think may call into question your ability to properly discharge the responsibilities of the role you are applying for. You should also declare any other matters which may mean you may not be able to meet the requirements of the Code of Conduct of Board Members (see Outside interests and reputational issues section below)

If you need further advice, please contact  [ADD CONTACT DETAILS]

Security clearance

The successful candidate will be required to undertake Baseline Personnel Security Standard checks in line with the Civil Service guidelines. Additional Security Clearance may also be required for certain roles. However, where this applies, candidates will be notified during the appointment process. Further information on National Security Vetting can be found on the Gov.uk website here.

Additional information for candidates

Equality and diversity

We encourage applications from talented individuals from all backgrounds and across the whole of the United Kingdom. Boards of public bodies are most effective when they reflect the diversity of views of the society they serve and this is an important part of the Government’s levelling up agenda.

We collect data about applicants’ characteristics and backgrounds, including information about people’s educational and professional backgrounds, so that we can make sure we are attracting a broad range of people to these roles and that our selection processes are fair for everyone. Without this information, it makes it difficult to see if our outreach is working, if the application process is having an unfair impact on certain groups and whether changes are making a positive difference.

When you submit your application, your responses are collected by the Cabinet Office and the government department(s) managing your application. The data is used to produce management information about the diversity of applicants. You can select “prefer not to say” to any question you do not wish to answer. The information you provide will not be seen by the Advisory Assessment Panel who review applications against the advertised criteria and conduct interviews.

Disability confident

We are a member of the Government’s Disability Confident scheme. We use the Disability Confident scheme symbol, along with other like-minded employers, to show our commitment to good practice in employing people with a disability. The scheme helps recruit and retain disabled people. 

As part of implementing the scheme, we guarantee an interview for anyone with a disability whose application meets the essential criteria for the role, set out in the advert, and who has asked that their application is considered under the scheme. Indicating that you wish your application to be considered under the scheme will in no way prejudice your application. By ‘minimum criteria,’ we mean that you must provide evidence which demonstrates that you meet the level of competence required under each of the essential criteria, as set out in the job-advert.

When you apply you will have the opportunity to select if you would like your application considered under this scheme.

Reasonable adjustments

We are committed to making reasonable adjustments to make sure applicants with disabilities, physical or mental health conditions, or other needs are not substantially disadvantaged when applying for public appointments. This can include changing the recruitment process to enable people who wish to apply to do so.

Some examples of common changes are:

• ensuring that application forms are available in different or accessible formats;
• making adaptations to interview locations;
• allowing candidates to present their skills and experience in a different way;
• giving additional detailed information on the selection / interview process in advance to allow candidates time to prepare themselves;
• allowing support workers, for example sign language interpreters;
• making provision for support animals to attend.

When you apply you will have the opportunity to request reasonable adjustments to the application process.

Principles of public life

Holders of public office are expected to adhere to and uphold the Seven Principles of Public Life. These are:

1. Selflessness - Holders of public office should act solely in terms of the public interest.
2. 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.
3. Objectivity - Holders of public office must act and take decisions impartially, fairly and on merit, using the best evidence and without discrimination or bias.
4. 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.
5. 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.
6. Honesty - Holders of public office should be truthful.
7. Leadership - Holders of public office should exhibit these principles in their own behaviour and treat others with respect. They should actively promote and robustly support the principles and challenge poor behaviour wherever it occurs.

Code of conduct for board members

The Government expects all holders of public office to work to the highest personal and professional standards. In support of this, all non-executive board members of UK public bodies must abide by the principles set out in the Code of Conduct for Board Members of Public Bodies. The Code sets out the standards expected from those who serve on the boards of UK public bodies and will form part of your terms and conditions of appointment.

Management of outside interests and consideration of reputational issues

Holders of public office are expected to adhere and uphold the Seven Principles of Public Life and the Code of Conduct for Board Members of Public Bodies. Before you apply you should consider carefully: 

• any outside interests that you may have, such as shares you may hold in a company providing services to government; 
• any possible reputational issues arising from your past actions or public statements that you have made; 
• and/or - any political roles you hold or political campaigns you have supported; 

which may call into question your ability to do the role you are applying for.

You will need to answer relevant questions in relation to these points when making an application. Many conflicts of interest can be satisfactorily resolved and declaring a potential conflict does not prevent you from being interviewed. If you are shortlisted for an interview, the panel will discuss any potential conflicts with you during that interview, including any proposals you may have to mitigate them and record that in their advice to ministers. Alongside your own declaration, we will conduct appropriate checks, as part of which we will consider anything in the public domain related to your conduct or professional capacity. This may include searches of previous public statements and social media, blogs or any other publicly available information. The successful candidate(s) may be required to give up any conflicting interests and their other business and financial interests may be published in line with organisational policies. 

Details of declared political activity will be published when the appointment is announced, as required by the Governance Code (political activity is not a bar to appointment, but must be declared).

Status of appointment

As this is an office holder appointment, you will not become a member of the Civil Service. You will not be subject to the provisions of employment law.

Appointment and tenure of office

Appointments are for the term set out in this advert, with the possibility of re-appointment for a further term, at the discretion of Ministers.  Any re-appointment is subject to satisfactory annual appraisals of performance during the first term in the post. There is no automatic presumption of reappointment; each case should be considered on its own merits, taking into account a number of factors including, but not restricted to, the diversity of the current board and its balance of skills and experience. In most cases, the total time served in post will not exceed more than two terms or serve in any one post for more than ten years

Remuneration, allowances and abatement

Remuneration for this role is treated as employment income and will be subject to tax and National Insurance contributions, both of which will be deducted at source under PAYE before you are paid. 

You can claim reimbursement for reasonable travel and subsistence costs which are properly and necessarily incurred on official business, in line with the travel and subsistence policy and rates for the organisation to which you are applying. However these payments are taxable as earnings and will be subject to tax and national insurance, both of which will be deducted at source under PAYE before you are paid.  

Pension and redundancy

Remuneration for this role is pensionable.

Application feedback

We will notify you of the status of your application. We regret that we are only able to offer detailed feedback to candidates who have been unsuccessful at the interview stage.

How to complain

We aim to process all applications as quickly as possible and to treat all applicants with courtesy.

Please contact the Department for Transport public appointments team in the first instance if you would like to make a complaint regarding your application at DfTPublicAppointments@dft.gov.uk. They will acknowledge your complaint upon receipt and respond within 15 working days.

How to complain to Office of the Commissioner for Public Appointments (OCPA)

If you are not content with the appointing department’s response you may wish to further complain to the Commissioner at publicappointments@csc.gov.uk.Further information on how the Commissioner handles complaints can be found on the Commissioner for Public Appointments’ website https://publicappointmentscommissioner.independent.gov.uk/regulating-appointments/investigating-complaints/

Data protection

The Cabinet Office will use your data in line with our privacy policy.

Contact details

For any further information on this role, please contact DfTPublicAppointments@dft.gov.uk.

Attachments

• Candidate Pack