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:—
Removal of existing nationality requirements
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.
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
Power to impose new nationality requirements
Rules may be made imposing requirements as to nationality which must be
satisfied by a person employed or holding office in a civil capacity under the
in a post of a description specified in the rules, or
in a post of a description specified in the rules as one in the case of
which a Minister of the Crown considers it necessary that requirements
as to nationality must be satisfied.
The rules may also impose requirements as to nationality which must be
satisfied in the case of persons connected with such a person; and the rules may
provide that any requirement as to nationality imposed under this subsection
in relation to a person connected with such a person may be treated as satisfied
if the connected person has or had substantial ties with the United Kingdom.
For the purposes of this section the following are connected with a person—
any parent or deceased parent of the person,
any spouse or civil partner of the person,
any person living together with the person as if they were spouses or
any parent of a person within paragraph (b) or (c).
The rules are to be made by a Minister of the Crown.
The rules may include provision—
exempting persons of a description specified in the rules (and persons
connected with them) who were first employed, or first held office, in
the post in question before a specified date, and
allowing the granting of exemptions by the appropriate person.
In subsection (4)(b) “the appropriate person” means—
in the case of posts in the Security Service, the Director-General of the
Security Service or someone nominated by the Director-General of the
in the case of posts in the Secret Intelligence Service, the Chief of the
Secret Intelligence Service or a person nominated by the Chief of the
Secret Intelligence Service,
in the case of posts in the Government Communications Headquarters,
the Director of the Government Communications Headquarters or a
person nominated by the Director of the Government Communications
otherwise, a Minister of the Crown.
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
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)
exemptions under subsection (5)(b).
The power of a Minister of the Crown to make rules under this section is
exercisable by statutory instrument.
A statutory instrument containing rules under this section is subject to
annulment in pursuance of a resolution of either House of Parliament.
Nothing in this section limits any power to impose a requirement which is not
a requirement as to nationality even if the ability of a person to satisfy the
requirement may be affected by the nationality of the person or any other
Repeals and revocations
The Schedule (repeals and revocations) has effect.
Short title, commencement and extent
This Act may be cited as the Crown Employment (Nationality) Act 2008.
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