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