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- Point in Time (21/05/1991)
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Version Superseded: 07/03/2007
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There are currently no known outstanding effects for the Aliens’ Employment Act 1955, Section 1.
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(1)Notwithstanding anything in section three of the M1Act of Settlement, or in section six of the M2Aliens 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; [F1or
F1(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.
Textual Amendments
F1S. 1(1)(c) and preceding word inserted by European Communities (Employment in the Civil Service) Order 1991 (S.I. 1991/1221), art. 2
Modifications etc. (not altering text)
C1Functions of Treasury now again exercisable by the Treasury: S.I. 1981/1670, arts. 2 (1) (a), 3 (5)
Marginal Citations
M3O.J. No. 1612/68, p.1
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