Crown Employment (Nationality) Bill

House of Commons

Session 2002 - 03
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Crown Employment (Nationality) Bill

Crown Employment (Nationality) Bill

EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Cabinet Office, with the consent of Mr

Andrew Dismore will be published separately as Bill 48–EN.

Bill 48 53/2

Crown Employment (Nationality) Bill

Contents

      1         Removal of existing nationality requirements

      2         Power to impose new nationality requirements

      3         Repeals and revocation

      4         Short title, commencement and extent

                  Schedule                     —                     Repeals and revocation

Bill 48 53/2

Crown Employment (Nationality) Bill

    1

A

Bill

To

Make provision for and in connection with the removal of general restrictions as to

nationality which apply to persons employed or holding office in any civil capacity

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:—

1     Removal of existing nationality requirements

     (1)    Section 3 of the Act of Settlement (which, subject to exceptions, prevents

persons born outside the United Kingdom from holding certain offices) does

not prevent any person from being employed or holding office in a civil

capacity under the Crown.

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     (2)    In the Aliens Restriction (Amendment) Act 1919 (c. 92), omit section 6 (which,

subject to exceptions, prevents the appointment of aliens to posts in the Civil

Service).

2     Power to impose new nationality requirements

     (1)    Rules may be made imposing requirements as to nationality which must be

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satisfied by a person employed or holding office in a civil capacity under the

Crown specified in the rules.

     (2)    The rules may also impose requirements as to nationality which must be

satisfied by persons of a description specified in the rules who are related to, or

living with, such a person.

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     (3)    The rules may be made—

           (a)           by a Minister of the Crown, or

           (b)           by any other officer of the Crown to whom that power has been

delegated by a Minister of the Crown.

     (4)    The rules may include provision—

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Bill 48 53/2

Crown Employment (Nationality) Bill

    2

           (a)           exempting persons of a description specified in the rules (and persons

related to, or living with, them) who were first employed, or first held

office, in the capacity in question before a specified date, and

           (b)           allowing any Minister or other officer of the Crown to grant exemptions

in cases in which the Minister or officer considers it appropriate.

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     (5)    The reference in section 75(5)(b) of the Race Relations Act 1976 (c. 74) (rules

relating to nationality etc. of persons employed in service of Crown) to the

implementation of rules includes the grant of (or refusal to grant) exemptions

under subsection (4)(b).

3     Repeals and revocation

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The Schedule (repeals and revocation) has effect.

4     Short title, commencement and extent

     (1)    This Act may be cited as the Crown Employment (Nationality) Act 2003.

     (2)    This Act (apart from this section) comes into force on such day as Her Majesty

may by Order in Council appoint; and different days may be appointed for

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different purposes.

     (3)    This Act extends to Northern Ireland (as well as to England and Wales and

Scotland).

Crown Employment (Nationality) Bill
Schedule — Repeals and revocation

3

Schedule

Section 3

Repeals and revocation

Title and reference

Extent of repeal or revocation

Aliens Restriction

Section 6.

(Amendment) Act 1919 (c. 92)

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Aliens’ Employment Act 1955

The whole Act.

(4 & 5 Eliz. 2 c. 18)

European Communities

The whole Order.

(Employment in the Civil

Service) Order 1991 (S.I.

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1991/1221)



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