Crown servant
Encyclopedia
In the United Kingdom
, a Crown servant is an officer of HM Government employed under the Crown
whose duties of employment are of a public nature and whose salaries are paid out of public funds.
defines the expression "Crown servant" for the purposes of that Act. It now provides:
Paragraph (aa) was inserted on 6 May 1999 by section 125 of, and paragraph 26(2) of the Schedule to, the Scotland Act 1998
.
Paragraph (ab) was inserted by paragraph 34 of Schedule 10 to the Government of Wales Act 2006
. This provision came into force immediately after "the 2007 election" by virtue of section 161(1) of that Act (subject to section 161(4) and (5), which provide that so far as it relates to functions of the Welsh Ministers, the First Minister, the Counsel General or the Assembly Commission, it came into force 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). It was repealed on 2 December 1999 by sections 99 and 100(2) of, and paragraph 9 of Schedule 13 to, and Schedule 15 to, the Northern Ireland Act 1998
, subject to savings in section 95 of that Act.
The words "Part IX of the Reserve Forces Act 1996" in paragraph (c) were substituted for the words "the Reserve Forces Act 1980" on 1 April 1997 by section 131(1) of, and paragraph 22 of Schedule 10 to, the Reserve Forces Act 1996, subject to section 72(5) of that Act.
The words in the first set of square brackets in paragraph (e) were substituted for the words "(including a police force within the meaning of the Police Act (Northern Ireland) 1970)" on 4 November 2001, by section 74 of, and paragraph 9 of Schedule 6 to, the Police (Northern Ireland) Act 2000
.
The words in the second set of square brackets in that paragraph were subsituted for the words "or of the National Criminal Intelligence Service
or the National Crime Squad
" on 1 April 2006 by section 59 of, and paragraph 58 of Schedule 4 to, the Serious Organised Crime and Police Act 2005
. The words "or of the National Criminal Intelligence Service
or the National Crime Squad
" had been inserted on 1 April 1998, by section 134(1) of, and paragraph 62 of Schedule 9 to the Police Act 1997.
"Prescribed", ss.12(1)(f) & (g)
This expression is defined by section 13(1) to mean prescribed by an order made by the Secretary of State. The procedure for making orders under the Act is provided by section 14. "Secretary of State" is defined by the Interpretation Act 1978
to mean one 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 section 12(1)(f):
Prescribed offices, s.12(1)(g)
The following offices are now prescribed for the purposes of section 12(1)(g):
Prescribed classes of employees of holders of prescribed offices, s. 12(1)(g)
The following classes of employees of holders of the prescribed offices above are now prescribed for the purposes of section 12(1)(g):
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, a Crown servant is an officer of HM Government employed under the Crown
The Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...
whose duties of employment are of a public nature and whose salaries are paid out of public funds.
The Official Secrets Act 1989
Section 12(1) of the Official Secrets Act 1989Official Secrets Act 1989
The Official Secrets Act 1989 is an Act of the Parliament of the United Kingdom. It repeals and replaces section 2 of the Official Secrets Act 1911. It is said to have removed the public interest defence created by that section....
defines the expression "Crown servant" for the purposes of that Act. It now provides:
Paragraph (aa) was inserted on 6 May 1999 by section 125 of, and paragraph 26(2) of the Schedule to, the Scotland Act 1998
Scotland Act 1998
The Scotland Act 1998 is an Act of the Parliament of the United Kingdom. It is the Act which established the devolved Scottish Parliament.The Act will be amended by the Scotland Bill 2011, if and when it receives royal assent.-History:...
.
Paragraph (ab) was inserted by paragraph 34 of Schedule 10 to the Government of Wales Act 2006
Government of Wales Act 2006
The Government of Wales Act 2006 is an Act of the Parliament of the United Kingdom that reforms the National Assembly for Wales and allows further powers to be granted to it more easily...
. This provision came into force immediately after "the 2007 election" by virtue of section 161(1) of that Act (subject to section 161(4) and (5), which provide that so far as it relates to functions of the Welsh Ministers, the First Minister, the Counsel General or the Assembly Commission, it came into force 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
Northern Ireland Constitution Act 1973
The Northern Ireland Constitution Act 1973 was an Act of the Parliament of the United Kingdom which received the Royal Assent on 18 July 1973...
(which related to the Northern Ireland Executive
Northern Ireland Executive
The Northern Ireland Executive is the executive arm of the Northern Ireland Assembly, the devolved legislature for Northern Ireland. It is answerable to the Assembly and was established according to the terms of the Northern Ireland Act 1998, which followed the Good Friday Agreement...
and other things). It was repealed on 2 December 1999 by sections 99 and 100(2) of, and paragraph 9 of Schedule 13 to, and Schedule 15 to, the Northern Ireland Act 1998
Northern Ireland Act 1998
The Northern Ireland Act 1998 is an Act of the Parliament of the United Kingdom which established a devolved legislature for Northern Ireland, the Northern Ireland Assembly, after decades of direct rule from Westminster....
, subject to savings in section 95 of that Act.
The words "Part IX of the Reserve Forces Act 1996" in paragraph (c) were substituted for the words "the Reserve Forces Act 1980" on 1 April 1997 by section 131(1) of, and paragraph 22 of Schedule 10 to, the Reserve Forces Act 1996, subject to section 72(5) of that Act.
The words in the first set of square brackets in paragraph (e) were substituted for the words "(including a police force within the meaning of the Police Act (Northern Ireland) 1970)" on 4 November 2001, by section 74 of, and paragraph 9 of Schedule 6 to, the Police (Northern Ireland) Act 2000
Police (Northern Ireland) Act 2000
The Police Act 2000 is an Act of the Parliament of the United Kingdom. The act renamed the Royal Ulster Constabulary to the Police Service of Northern Ireland, created the Northern Ireland Policing Board and District Police Partnerships.-External links:*, as originally enacted, from the Office of...
.
The words in the second set of square brackets in that paragraph were subsituted for the words "or of the National Criminal Intelligence Service
National Criminal Intelligence Service
The National Criminal Intelligence Service was a United Kingdom policing agency set up as a separate body in April 1992 to centralise the gathering and distribution of intelligence on serious and organised criminal matters. NCIS was formed out of the National Drugs Intelligence Unit in the Home...
or the National Crime Squad
National Crime Squad
The National Crime Squad was a British police organisation which dealt mainly with organised and major crimes. Formed in April 1998 after the amalgamation of six former Regional Crime Squads it merged on 1 April 2006 into the Serious Organised Crime Agency. The NCS reported directly to the Home...
" on 1 April 2006 by section 59 of, and paragraph 58 of Schedule 4 to, the Serious Organised Crime and Police Act 2005
Serious Organised Crime and Police Act 2005
The Serious Organized Crime and Police Act 2005 is an Act of the Parliament of the United Kingdom aimed primarily at creating the Serious Organised Crime Agency, it also significantly extended and simplified the powers of arrest of a constable and introduced restrictions on protests in the...
. The words "or of the National Criminal Intelligence Service
National Criminal Intelligence Service
The National Criminal Intelligence Service was a United Kingdom policing agency set up as a separate body in April 1992 to centralise the gathering and distribution of intelligence on serious and organised criminal matters. NCIS was formed out of the National Drugs Intelligence Unit in the Home...
or the National Crime Squad
National Crime Squad
The National Crime Squad was a British police organisation which dealt mainly with organised and major crimes. Formed in April 1998 after the amalgamation of six former Regional Crime Squads it merged on 1 April 2006 into the Serious Organised Crime Agency. The NCS reported directly to the Home...
" had been inserted on 1 April 1998, by section 134(1) of, and paragraph 62 of Schedule 9 to the Police Act 1997.
"Prescribed", ss.12(1)(f) & (g)
This expression is defined by section 13(1) to mean prescribed by an order made by the Secretary of State. The procedure for making orders under the Act is provided by section 14. "Secretary of State" is defined by the Interpretation Act 1978
Interpretation Act 1978
The Interpretation Act 1978 is an Act of the Parliament of the United Kingdom. The Act makes provision for the interpretation of Acts of Parliament, Measures of the General Synod of the Church of England, Measures of the Church Assembly, subordinate legislation, "deeds and other instruments and...
to mean one 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 section 12(1)(f):
- The employees of British Nuclear Fuels plc
- The members of the Board of that Company
- The members, officers and employees of the United Kingdom Atomic Energy AuthorityUnited Kingdom Atomic Energy AuthorityThe United Kingdom Atomic Energy Authority is a UK government research organisation responsible for the development of nuclear fusion power. It is an executive non-departmental public body of the Department for Business, Innovation and Skills and was formerly chaired by Lady Barbara Judge CBE...
- The employees of Urenco Limited
- The members of the Board of that Company.
- The employees of Urenco (Capenhurst) Limited
- The members of the Board of that Company
- The employees of Enrichment Technology Company Limited
- The members of the Board of that Company
- The employees of Enrichment Technology UK Limited
- The members of the Board of that Company
- The employees of Urenco Enrichment Company Limited
- The members of the Board of that Company
- The members and employees the Nuclear Decommissioning AuthorityNuclear Decommissioning AuthorityThe Nuclear Decommissioning Authority is a non-departmental public body of the United Kingdom formed by the Energy Act 2004. It came into existence in late 2004, and took on its main functions on 1 April 2005...
- The employees of any subsidiary of the Nuclear Decommissioning Authority. For this purpose, "subsidiary" has the same meaning as in the Companies Act 1985Companies Act 1985The Companies Act 1985 is an Act of the Parliament of the United Kingdom of Great Britain and Northern Ireland, enacted in 1985, which enabled companies to be formed by registration, and set out the responsibilities of companies, their directors and secretaries.The Act was a consolidation of...
. - The members of the Board of any subsidiary of the Nuclear Decommissioning Authority. Again, "subsdiary" has the same meaning.
- The members and employees of the Independent Police Complaints CommissionIndependent Police Complaints CommissionThe Independent Police Complaints Commission is a non-departmental public body in England and Wales responsible for overseeing the system for handling complaints made against police forces in England and Wales.-Role:...
.
Prescribed offices, s.12(1)(g)
The following offices are now prescribed for the purposes of section 12(1)(g):
- Comptroller and Auditor GeneralComptroller and Auditor GeneralComptroller and auditor-general is the abbreviated title of a government official in a number of jurisdictions, including the UK, the Republic of Ireland, India, and China....
- Member of staff of the National Audit OfficeNational Audit OfficeNational Audit Office can refer to:* Australian National Audit Office* National Audit Office * National Audit Office of the People's Republic of China* Swedish National Audit Office...
- Comptroller and Auditor General for Northern Ireland
- Member of staff of the Northern Ireland Audit Office
- Auditor General for Scotland
- Parliamentary Commissioner for Administration
- The Scottish Parliamentary Commisioner for Administration
- Northern Ireland Parliamentary Commissioner for Administration
- Scottish Public Services OmbudsmanScottish Public Services OmbudsmanThe Scottish Public Services Ombudsman was set up in 2002 as a 'one-stop-shop'. It replaced three previous offices - the Scottish Parliamentary and Health Service Ombudsman, the Local Government Ombudsman for Scotland and the Housing Association Ombudsman for Scotland...
- A private secretary to the Sovereign
Prescribed classes of employees of holders of prescribed offices, s. 12(1)(g)
The following classes of employees of holders of the prescribed offices above are now prescribed for the purposes of section 12(1)(g):
- The officers of the Parliamentary Commissioner for Administration who are not otherwise Crown servants
- Officer of the Health Service Commissioner for England being an officer who is authorised by the Parliamentary Commissioner for Administration to perform any of his functions and who is not otherwise a Crown servant
- The staff of the Scottish Parliamentary Commisioner for Administration who are not otherwise Crown servants
- The officers of the Northern Ireland Parliamentary Commissioner for Administration who are not otherwise Crown servants
- The officers of the Scottish Public Services Ombudsman who are not otherwise Crown servants