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Crown servant

Concluding updated

The term "Crown servant" is used to denote a "person employed by the Crown". [1] Although the term is not consistently defined, by and large speaking the term encompasses all executive officials and their staffs, civil servants, police, judicial officials, and members of the armed forces. While the term is used in other Commonwealth countries such as Canada, it has the most predominant use and is the nearly well-defined with the United Kingdom.

  • Crown servant vs civil servant
  • Employment rights
  • Official Secrets Human action 1989
  • See also
  • References

Crown servant vs civil servant

There is no meaningful legal definition of a civil servant. The Constitutional Reform and Governance Act 2010 following the Tomlin Commission on the Civil Service unhelpfully refers to "the civil service of the Land".

— John Alder, Constitutional and Authoritative Law [2]

The terms ceremonious servant and Crown servant tin coincide but are sometimes exclusive. It is suggested that the phrase "civil retainer" may include every person who serves the Crown, with the exception of members of the armed forces of the United kingdom of great britain and northern ireland, the Ministers of the Crown and the judiciaries of the United Kingdom. Notwithstanding, members of the armed forces are nonetheless Crown servants. [two]

Employment rights

Crown servants serve "at the pleasure of the Crown", and exercise not therefore benefit from the protections normally available to employees by law. [three] Nonetheless, the majority of these protections are applied to them by the Trade Union and Labour Relations (Consolidation) Act 1992. For the purposes of the Deed, "crown employment" means employment "nether or for the purposes of a government section or whatsoever officer or trunk exercising on behalf of the Crown functions conferred by an enactment", though members of the armed forces are excluded from this provision, and the government has the ability to exclude other Crown servants "for the purpose of safeguarding national security". [4]

Official Secrets Human action 1989

Section 12(ane) of the Official Secrets Deed 1989 defines the expression "Crown servant" for the purposes of that Act. It now provides:

In this Human activity "Crown servant" means -

(a) a Government minister of the Crown;
[(aa) a member of the Scottish Executive or a inferior Scottish Minister;]
[(ab) the First Government minister for Wales, a Welsh Minister appointed under section 48 of the Government of Wales Human action 2006, the Counsel General to the Welsh Assembly Government or a Deputy Welsh Government minister;]
(b) . . .
(c) any person employed in the civil service of the Crown, including Her Majesty's Diplomatic Service, Her Majesty'due south Overseas Civil Service, the ceremonious service of Northern Republic of ireland and the Northern Ireland Court Service;
(d) any fellow member of the naval, military or air forces of the Crown, including any person employed past an association established for the purposes of [Role XI of the Reserve Forces Human action 1996];
(due east) any lawman and any other person employed or appointed in or for the purposes of any police forcefulness [(including the Police Service of Northern Ireland and the Police Service of Northern Ireland Reserve)][or of the Serious Organised Crime Agency];
(f) any person who is a member or employee of a prescribed body or a body of a prescribed class and either is prescribed for the purposes of this paragraph or belongs to a prescribed class of members or employees of whatever such body;
(thou) whatsoever person who is the holder of a prescribed role or who is an employee of such a holder and either is prescribed for the purposes of this paragraph or belongs to a prescribed class of such employees.

Paragraph (aa) was inserted on vi May 1999 by section 125 of, and paragraph 26(ii) of the Schedule to, the Scotland Human action 1998.

Paragraph (ab) was inserted by paragraph 34 of Schedule 10 to the Authorities of Wales Act 2006. This provision came into force immediately later on the 2007 ballot by virtue of section 161(i) of that Act (bailiwick to section 161(iv) and (v), which provide that so far every bit it relates to functions of the Welsh Ministers, the First Government minister, the Counsel General or the Assembly Commission, it came into forcefulness immediately after the end of "the initial period").

Paragraph (b) referred to a person appointed under section 8 of the Northern Ireland Constitution Act 1973 (which related to the Northern Ireland Executive and other things). Information technology was repealed on 2 December 1999 [5] by sections 99 and 100(2) of, and paragraph ix of Schedule 13 to, and Schedule 15 to, the Northern Ireland Act 1998, subject to savings in section 95 of that Human action.

The words "Role IX of the Reserve Forces Act 1996" in paragraph (c) were substituted for the words "the Reserve Forces Deed 1980" on 1 April 1997 [half-dozen] by section 131(1) of, and paragraph 22 of Schedule 10 to, the Reserve Forces Deed 1996, field of study to section 72(5) of that Act.

The words in the first prepare of square brackets in paragraph (eastward) were substituted for the words "(including a police force inside the significant of the Law Act (Northern Ireland) 1970)" on four November 2001, [7] by section 74 of, and paragraph 9 of Schedule 6 to, the Police (Northern Ireland) Act 2000.

The words in the second prepare of square brackets in that paragraph were substituted for the words "or of the National Criminal Intelligence Service or the National Criminal offense Squad" on 1 April 2006 [8] past section 59 of, and paragraph 58 of Schedule 4 to, the Serious Organised Criminal offence and Police Act 2005. The words "or of the National Criminal Intelligence Service or the National Criminal offense Squad" had been inserted on 1 Apr 1998, [ix] by section 134(1) of, and paragraph 62 of Schedule 9 to the Law Act 1997.

"Prescribed", ss.12(1)(f) & (g)

This expression is defined by section xiii(1) to hateful prescribed by an lodge made by the Secretarial assistant of Land. The procedure for making orders under the Human activity is provided past section 14. "Secretarial assistant of State" is defined past the Interpretation Act 1978 to mean ane of Her Majesty's Principal Secretaries of State.

Prescribed classes of employees or members of prescribed bodies or classes of bodies, s. 12(1)(f)

The following have been prescribed for the purposes of department 12(1)(f):

  • The employees of British Nuclear Fuels plc [10]
  • The members of the Board of that Company [x]
  • The members, officers and employees of the United kingdom Atomic Energy Authority [10]
  • The employees of Urenco Express [10]
  • The members of the Board of that Company. [10]
  • The employees of Urenco (Capenhurst) Limited [eleven]
  • The members of the Board of that Company [11]
  • The employees of Enrichment Technology Company Express [12]
  • The members of the Board of that Company [12]
  • The employees of Enrichment Engineering UK Limited [12]
  • The members of the Board of that Company [12]
  • The employees of Urenco Enrichment Company Limited [12]
  • The members of the Board of that Company [12]
  • The members and employees the Nuclear Decommissioning Authorisation [thirteen]
  • The employees of any subsidiary of the Nuclear Decommissioning Dominance. [xiii] For this purpose, "subsidiary" has the same significant as in the Companies Act 1985. [xiv]
  • The members of the Board of whatsoever subsidiary of the Nuclear Decommissioning Dominance. [xiii] Again, "subsidiary" has the same meaning. [xiv]
  • The members and employees of the Independent Police Complaints Committee. [13]

Prescribed offices, s.12(1)(m)

The following offices are at present prescribed for the purposes of section 12(1)(yard):

  • Comptroller and Auditor General [xv]
  • Member of staff of the National Audit Office [15]
  • Comptroller and Auditor General for Northern Ireland [fifteen]
  • Fellow member of staff of the Northern Ireland Inspect Office [15]
  • Accountant General for Scotland [sixteen]
  • Parliamentary Commissioner for Administration [15]
  • The Scottish Parliamentary Commissioner for Administration [17]
  • Northern Ireland Parliamentary Commissioner for Administration [15]
  • Scottish Public Services Ombudsman [18]
  • A individual secretary to the Sovereign [15]

Prescribed classes of employees of holders of prescribed offices, south. 12(one)(1000)

The following classes of employees of holders of the prescribed offices above are now prescribed for the purposes of section 12(ane)(g):

  • The officers of the Parliamentary Commissioner for Assistants who are not otherwise Crown servants [19]
  • Officeholder of the Health Service Commissioner for England existence an officer who is authorised by the Parliamentary Commissioner for Administration to perform whatsoever of his functions and who is non otherwise a Crown servant [xx]
  • The staff of the Scottish Parliamentary Commissioner for Administration who are not otherwise Crown servants [21]
  • The officers of the Northern Ireland Parliamentary Commissioner for Assistants who are not otherwise Crown servants [19]
  • The officers of the Scottish Public Services Ombudsman who are not otherwise Crown servants [22]

See too

  • Ceremonious Service

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References

  1. ↑ "Crown Servant". Termium Plus - The Government of Canada'due south terminology and linguistic data bank.
  2. i two Alder, John (2013). Constitutional and Administrative Constabulary. Palgrave Macmillan. pp.326–327. ISBN 9781137050007 . Retrieved nine Apr 2015.
  3. ↑ Carroll, Alex (2007). Constitutional and Administrative Law. Pearson Didactics. p.267. ISBN 9781405812313 . Retrieved 9 April 2015.
  4. ↑ Halsbury's Laws of England , volume 39: "Employment", paragraph 893
  5. ↑ The Northern Republic of ireland Act 1998 (Kickoff No. 5) Order 1999 (S.I. 1999/3209 (C.85)), article 2 and Schedule.
  6. ↑ The Reserve Forces Act 1996 (Commencement No. 1) Social club 1997 (Southward.I. 1997/305 (C.15)), article 2.
  7. ↑ The Police (Northern Ireland) Act 2000 (Get-go No. 3 and Transitional Provisions) Gild 2001 (S.R. 2001/396 (C.19)), article ii and Schedule.
  8. ↑ The Serious Organised Crime and Police Human activity 2005 (Beginning No. five and Transitional and Transitory Provisions and Savings) Order 2006 (S.I. 2006/378 (C.9)), article 4(1) and paragraph 10 of the Schedule
  9. ↑ The Police Deed 1997 (Beginning No. v and Transitional Provisions) Order 1998 (S.I. 1998/354 (C.viii)), article 2(two)(ay)
  10. i ii iii four 5 The Official Secrets Human activity 1989 (Prescription) Order 1990 (Due south.I. 1990/200), commodity 2 and Schedule i
  11. i two The Official Secrets Act 1989 (Prescription) Gild 1990 (S.I. 1990/200), article ii and Schedule one (as amended past the Official Secrets Act 1989 (Prescription) (Amendment) Lodge 1993 (S.I. 1993/847), article 2 and Schedule)
  12. 1 ii 3 4 5 half dozen The Official Secrets Act 1989 (Prescription) Order 1990 (S.I. 1990/200), article 2 and Schedule 1 (as amended by the Official Secrets Deed 1989 (Prescription) (Amendment) Order 2003 (S.I. 2003/1918), article 2(ii) and Schedule ane)
  13. 1 ii 3 4 The Official Secrets Deed 1989 (Prescription) Order 1990 (South.I. 1990/200), article ii and Schedule 1 (as amended by the Official Secrets Act 1989 (Prescription) (Amendment) Order 2007, commodity 2(4)
  14. 1 2 The Official Secrets Act 1989 (Prescription) Social club 1990 (S.I. 1990/200), commodity 2A (inserted past the Official Secrets Act 1989 (Prescription) (Amendment) Social club 2007, article ii(3)
  15. 1 2 3 4 v half-dozen 7 The Official Secrets Human activity 1989 (Prescription) Order 1990 (South.I. 1990/200), article three and the get-go column of Schedule 2
  16. ↑ The Official Secrets Human action 1989 (Prescription) Club 1990 (S.I. 1990/200), article three and the first column of Schedule 2 (every bit amended by the Scotland Act 1998 (Consequential Modifications) (No.i) Guild 1999 (South.I. 1999/1042), article 3 and paragraph eighteen of Schedule 1)
  17. ↑ The Official Secrets Act 1989 (Prescription) Order 1990 (Due south.I. 1990/200), commodity 3 and the outset column of Schedule 2 (as read with article 17(8) of the Scotland Act 1998 (Transitory and Transitional Provisions) (Complaints of Maladministration) Order 1999 (S.I. 1999/1351) (in plough read with article 2(one) of the same))
  18. ↑ The Official Secrets Human action 1989 (Prescription) Gild 1990 (S.I. 1990/200), commodity 3 and the beginning column of Schedule 2 (equally amended by article 11(b) of the Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Gild 2004 (S.I. 2004/1823 (South.4))
  19. ane ii The Official Secrets Human action 1989 (Prescription) Guild 1990 (S.I. 1990/200), article iii and the second cavalcade of Schedule 2
  20. ↑ The Official Secrets Human action 1989 (Prescription) Order 1990 (S.I. 1990/200), commodity 3 and the 2nd cavalcade of Schedule 2 (as repealed in role past the Scottish Public Services Ombudsman Human activity 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823 (S.4))), article eleven(a), and by the Public Services Ombudsman (Wales) Human activity 2005 (Transitional Provisions and Consequential Amendments) Order 2006 (Due south.I. 2006/362 (W.48)), article 3 and paragraph ane of Schedule 2
  21. ↑ The Official Secrets Human action 1989 (Prescription) Gild 1990 (Southward.I. 1990/200), commodity iii and the second cavalcade of Schedule two (as read with commodity 17(eight) of the Scotland Deed 1998 (Transitory and Transitional Provisions) (Complaints of Maladministration) Order 1999 (Southward.I. 1999/1351) (in turn read with article 2(1) of the same))
  22. ↑ The Official Secrets Deed 1989 (Prescription) Club 1990 (S.I. 1990/200), commodity 3 and the second column of Schedule 2 (as amended by article 11(c) of the Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Guild 2004 (S.I. 2004/1823 (South.4))

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