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Make
provision for and in connection with the removal of general restrictions
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as to nationality which apply
to persons employed or holding office in any |
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civil capacity under the Crown;
and for connected purposes. |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled, and
by the authority of the same, as follows:— |
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1 |
Removal
of existing nationality requirements |
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(1) |
Section 3 of the Act of
Settlement (which, subject to exceptions, prevents |
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persons born outside the
United Kingdom from holding certain offices) does |
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not prevent any person from
being employed or holding office in a civil |
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capacity under the Crown. |
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(2) |
In the Aliens
Restriction (Amendment) Act 1919 (c. 92), omit section
6 (which, |
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subject to exceptions, prevents
the appointment of aliens to posts in the Civil |
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2 |
Power
to impose new nationality requirements |
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(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 |
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Crown specified in the rules. |
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(2) |
The rules may also impose
requirements as to nationality which must be |
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satisfied by persons of a
description specified in the rules who are related to, or |
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living with, such a person. |
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(3) |
The rules may be made— |
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(a) |
by a Minister of the Crown,
or |
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(b) |
by any person or body to
whom that power has been delegated by a |
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(4) |
The rules may include provision— |
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(a) |
exempting
persons of a description specified in the rules (and persons |
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related to, or living with,
them) who were first employed, or first held |
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office, in the capacity in
question before a specified date, and |
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(b) |
allowing any Minister or other
person or body to grant exemptions. |
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5 |
(a) |
section 75(5)(b) of the Race
Relations Act 1976 (c. 74) (rules relating to |
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nationality etc. of persons
employed in service of Crown), and |
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(b) |
Article 71(5)(b) of the Race
Relations (Northern Ireland) Order 1997 (S.I. |
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1997/869 (N.I. 6)) (corresponding
provision for Northern Ireland), |
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to
the implementation of rules include the grant of (or refusal to
grant) |
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exemptions under subsection
(4)(b). |
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The Schedule (repeals and
revocation) has effect. |
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4 |
Short
title, commencement and extent |
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(1) |
This Act may be cited as
the Crown Employment (Nationality) Act 2005. |
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(2) |
This Act (apart from this
section) comes into force on such day as Her Majesty |
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may by Order in Council appoint;
and different days may be appointed for |
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(3) |
This Act extends to Northern
Ireland (as well as to England and Wales and |
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