House of Commons portcullis
House of Commons
Session 2006 - 07
Internet Publications
Other Bills before Parliament

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, are published separately as Bill 38 —EN.

 

Bill 38                                                                                                 

54/2

 

 

 

Crown Employment (Nationality) Bill

 

Bill 38                                                                                                 

54/2

 
 

 

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 38                                                                                                 

54/2

 
 

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.

5

(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

10

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.

15

(3)   

The rules may be made—

(a)   

by a Minister of the Crown, or

(b)   

by any person or body to whom that power has been delegated by a

Minister of the Crown.

(4)   

The rules may include provision—

20

 
Bill 3854/2
 
 

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 person or body to grant exemptions.

(5)   

The references in—

5

(a)   

section 75(5)(b) of the Race Relations Act 1976 (c. 74) (rules relating to

nationality etc. of persons employed in service of Crown), and

(b)   

Article 71(5)(b) of the Race Relations (Northern Ireland) Order 1997 (S.I.

1997/869 (N.I. 6)) (corresponding provision for Northern Ireland),

   

to the implementation of rules include the grant of (or refusal to grant)

10

exemptions under subsection (4)(b).

3       

Repeals and revocation

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 2007.

15

(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

different purposes.

(3)   

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

Scotland).

20

 
 

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)

  

5

 

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.

  

10

 

1991/1221)

  
 

 

 

Crown Employment (Nationality) Bill

 
 

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. 

 

Presented by Mr Andrew Dismore

 
 

supported by

 
 

Dr Tony Wright, Mr Andrew Slaughter,

 
 

Martin Salter, Annette Brooke,

 
 

Mr Andrew Love and Keith Vaz.

 
 

Ordered, by The House of Commons,

 
 

to be Printed, 18th December 2006.

 
 

© Parliamentary copyright House of Commons 2007

 

Applications for reproduction should be made in writing to the Copyright Unit,

 

Her Majesty’s Stationery Office, St. Clements House, 2-16 Colegate, Norwich, NR3 1BQ

 


 

PUBLISHED BY AUTHORITY OF THE House of Commons

 

LONDON — THE STATIONERY OFFICE LIMITED

 

Printed in the United Kingdom by

 

The Stationery Office Limited

 

£x.xx

 
Bill 38(xxxxxx)54/2
 

xxxbarxxx

 

 
contents
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2007
Revised 9 January 2007