The European Communities (Employment in the Civil Service) Order 1991

Statutory Instruments

1991 No. 1221

TERMS AND CONDITIONS OF EMPLOYMENT

The European Communities (Employment in the Civil Service) Order 1991

Laid before Parliament in draft

Made

21st May 1991

Coming into force

21st May 1991

At the Court of Saint James, the 21st day of May 1991

Present,

The Counsellors of State in Council

Whereas Her Majesty in pursuance of theRegency Acts 1937 to 1953, was pleased, by Letters Patent dated the 3rdday of May 1991 to delegate to the six Counsellors of State thereinnamed or any two or more of them full power and authority during theperiod of Her Majesty’s absence from the United Kingdom to summon andhold on Her Majesty’s behalf Her Privy Council and to signify thereatHer Majesty’s approval for anything for which Her Majesty’s approval inCouncil is required:

And whereas a draft of this Order has been laid before Parliamentand has been approved by a resolution of each House of Parliament:

Now, therefore His Royal Highness The Prince Andrew, The Duke of York, andHis Royal Highness The Prince Edward, being authorised thereto by thesaid Letters Patent, and in pursuance of the powers conferred on HerMajesty by section 2(2) of the European Communities Act 1972(1), and all other powers enabling Her Majesty, and by andwith the advice of Her Majesty’s Privy Council, do on Her Majesty'sbehalf order, and it is hereby ordered, as follows:—

Citation and commencement

1.  This Order may be cited as the European Communities (Employment inthe Civil Service) Order 1991 and shall come into force forthwith.

Amendment of Aliens' Employment Act 1955

2.  In section 1(1) of the Aliens' Employment Act 1955(2) after paragraph (b) there shall be added the words

“or

(c) if he is —

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

(ii) a person who is entitled to take upany activity as an employed person in the United Kingdom by virtue ofArticle 11 of Council Regulation (EEC) No.1612/68(3) (right of spouse and certain children of national ofmember State to be employed in any other member State where thatnational is employed),

and he is not employed in employment in thepublic service within the meaning of Article 48(4) of the E.E.C. Treaty(derogation from freedom of movement of workers);”.

Employment of aliens in the Northern Ireland Civil Service

3.  Notwithstanding anything in section 3 of the Act of Settlement(4)or in section 6 of the Aliens Restriction (Amendment)Act 1919(5), an alien may be employed in the Civil Service ofNorthern Ireland if—

(a) 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 employedperson in the United Kingdom by virtue of Article 11 of CouncilRegulation (EEC) No. 1612/68 (right of spouse and certain children ofnational of member State to be employed in any other member State wherethat national is employed); and

(b) he is not employed in employment in the public service within themeaning of Article 48(4) of the E.E.C. Treaty (derogation from freedomof movement of workers).

G. I. de Deney

Clerk of the Privy Council

Explanatory Note

(This note is not part of the Order)

This Order amends section 1(1) of the Aliens' Employment Act 1955 toallow nationals of the member States of the European Communities andcertain members of their families to be employed in the Civil Service,in posts other than posts in the public service within the meaning ofArticle 48(4) of the E.E.C. Treaty. The Order ensures compliance withArticle 48 of the E.E.C. Treaty which provides for freedom of movementfor workers within the European Community.

Article 3 makes similar provision in relation to the Northern Ireland Civil Service, to which the Aliens' Employment Act 1955 does not extend, thus ensuring that the same position is achieved in the whole of the United Kingdom.

(1)

1972 c. 68.

(2)

1955 c. 18 (4 & 5 Eliz. 2).

(3)

OJ No L257/2, 19.10.68, p.1.

(4)

1700 c. 2.

(5)

1919 c. 92.