E+W+S+N.I.

Aliens’ Employment Act 1955

1955 CHAPTER 18 4 and 5 Eliz 2

An Act to provide for the employment of aliens and British protected persons in civil service under the Crown.

[21st December 1955]

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C1 Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3

Commencement Information

I1 Act in force at Royal Assent

1 Provision for civil employment of aliens. E+W+S+N.I.

(1) Notwithstanding anything in section three of the M1 Act of Settlement, or in section six of the M2 Aliens Restriction (Amendment) Act, 1919, an alien may be employed in any civil capacity under the Crown—

(a) if he is appointed in any country or territory outside the United Kingdom, the Channel Islands and the Isle of Man and employed in any such country or territory in service of a class or description which appears to the responsible Minister to be appropriate for the employment of aliens; or

(b) if a certificate in respect of his employment, issued by the responsible Minister with the consent of the Treasury, is for the time being in force under this section; [F1 or

(c) if he is —

(i) a national of a member State of the Communities, or

(ii) a person who is entitled to take up any activity as an employed person in the United Kingdom by virtue of Article 11 of Council Regulation M3 (EEC) No.1612/68 (right of spouse and certain children of national of member State to be employed in any other member State where that national is employed),

and he is not employed in employment in the public service within the meaning of Article 48(4) of the E.E.C. Treaty (derogation from freedom of movement of workers);] and so much of the said section three as imposes disability for employment in any such capacity shall cease to have effect in relation to British protected persons.

(2) A certificate may be issued under this section either in respect of the employment of a specified alien in specified service, or in respect of the employment of aliens generally in specified service or in service of any specified class or description; but no such certificate shall be issued unless it appears to the responsible Minister, at the time of the issue of the certificate,—

(a) in the case of a certificate in respect of the employment of a specified alien in specified service, either that no suitably qualified person being a British subject is available for employment in that service or that the alien possesses exceptional qualifications or experience fitting him for such employment;

(b) in the case of any other certificate, that suitably qualified persons being British subjects are not readily available, or available in sufficient numbers, for employment in the service, or class or description of service, specified in the certificate.

(3) A certificate under this section shall cease to have effect, unless previously revoked, at the expiration of a period of five years from the date on which it is issued, but without prejudice to the power of the responsible Minister to issue a fresh certificate.

(4) The Treasury shall lay before each House of Parliament in every financial year a list containing particulars of all certificates in force under this section during the previous financial year, including the numbers of aliens employed during that year in pursuance of such certificates.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1 S. 1(1)(c) inserted by S.I. 1991/1221, art. 2

Modifications etc. (not altering text)

C2 Functions of Treasury now again exercisable by the Treasury: S.I. 1981/1670, arts. 2 (1) (a), 3 (5)

Marginal Citations

M1 1700 c. 2

M2 1919 c. 92.

M3 O.J. No. 1612/68, p.1

2 Supplementary provisions. E+W+S+N.I.

(1) In this Act “alien” and “British protected person” have the same meaning as in the M4 British Nationality Act, 1948; “Minister” includes the Treasury, the Admiralty and the Board of Trade; and “responsible Minister”, in relation to any service, means the Minister concerned with the administration of that service.

(2) Any question arising under this section what Minister is the responsible Minister in relation to any service shall be referred to and determined by the Treasury.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(4) Regulation[S.R. & O. 1939/927 (1 p.715).] sixty D of the Defence (General) Regulations, 1939 is hereby revoked: but any alien who, immediately before the commencement of this Act, is employed under the Crown by virtue of that Regulation (not being a person appointed and employed in any country or territory outside the United Kingdom, the Channel Islands and the Isle of Man) shall be treated for the purposes of this Act as if a certificate in respect of his employment had been issued under section one of this Act by the responsible Minister immediately after the commencement of this Act.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F2 S. 2 (3) repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I

Modifications etc. (not altering text)

C3 Functions of Admiralty now exercisable by a Secretary of State: Defence (Transfer of Functions) Act 1964 (c. 15), s. 1(2)

C4 Functions of Board of Trade now exercisable by Secretary of State concurrently with Board of Trade: S.I. 1970/1537 except the civil aviation and shipping functions of the Board of Trade which, by virtue of S.I. 1983/1127, art. 2 (4), have ceased to be exercisable by the Board of Trade

Marginal Citations

M4 1948 c. 56.

3 Short title. E+W+S+N.I.

This Act may be cited as the Aliens’ Employment Act, 1955.