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Crown Employment (Nationality) Bill

This is the text of the Crown Employment (Nationality) Bill, as presented to the House of Commons on 17th January 2001.


Explanatory Notes to the Bill, prepared by the Cabinet Office, with the consent of Mr Roger Casale, the Member in charge of the Bill, are published separately as Bill 29- EN.
Crown Employment (Nationality) Bill




Make provision for and in connection with the removal of general restrictions as to nationality which apply to civil employment under the Crown; and for connected purposes.

BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-

Removal of restrictions as to nationality applying to civil employment under Crown.     1. - (1) Section 6 of the Aliens Restriction (Amendment) Act 1919 (prohibition on the appointment of aliens to Civil Service posts) shall cease to have effect.
      (2) Section 3 of the Act of Settlement (prohibition on the employment of certain aliens in offices or places of trust) shall not prohibit the employment of any person in any civil capacity under the Crown.
      (3) The Aliens' Employment Act 1955 (which enables aliens to be employed under the Crown despite the prohibitions mentioned in subsections (1) and (2)) shall accordingly cease to have effect.
Power to impose requirements as to nationality in relation to certain Crown appointments.     2. - (1) The Minister for the Civil Service may make rules prescribing requirements as to nationality which must be satisfied in the case of persons employed in any civil capacity under the Crown which is of a description prescribed by the rules.
      (2) Any such rules may provide for exemptions for persons of any description prescribed by the rules whose employment in the capacity in question commenced before such date as is so prescribed.
      (3) The Minister for the Civil Service may, to such extent and subject to such conditions as he thinks fit, delegate to any other Minister or officer of the Crown the power to make rules under this section.
      (4) In subsection (3) the reference to any other Minister of the Crown includes, in relation to Northern Ireland, a reference to the First Minister and the deputy First Minister acting jointly.
Short title, commencement, repeals and extent.     3. - (1) This Act may be cited as the Crown Employment (Nationality) Act 2001.
      (2) This Act shall come into force on such day as Her Majesty may by Order in Council appoint; and different days may be so appointed for different purposes.
      (3) The enactments specified in the Schedule are repealed or revoked to the extent specified.
      (4) This Act extends to the whole of the United Kingdom.

ChapterShort titleExtent of repeal
1919 c. 92.
Aliens Restriction (Amendment) Act 1919.
Section 6.
1955 c. 18 (4 & 5 Eliz. 2).
Aliens' Employment Act 1955.
The whole Act.
S.I. 1991/1221.
European Communities (Employment in the Civil Service) Order 1991.
The whole Order.

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