The term "Crown servant" is used to denote a "person employed by the Crown". Although the term is not consistently defined, generally speaking the term encompasses all
executive officials and their staffs,
civil servants
The civil service is a collective term for a sector of government composed mainly of career civil servants hired on professional merit rather than appointed or elected, whose institutional tenure typically survives transitions of political leaders ...
,
police
The police are a constituted body of persons empowered by a state, with the aim to enforce the law, to ensure the safety, health and possessions of citizens, and to prevent crime and civil disorder. Their lawful powers include arrest and t ...
,
judicial officials, and members of the
armed forces
A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. It is typically authorized and maintained by a sovereign state, with its members identifiable by their distinct ...
. While the term is used in other Commonwealth countries such as
Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
, it has the most predominant use and is the most well-defined with the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
.
Crown servant vs civil servant
The terms
civil servant
The civil service is a collective term for a sector of government composed mainly of career civil servants hired on professional merit rather than appointed or elected, whose institutional tenure typically survives transitions of political leaders ...
and Crown servant can coincide but are sometimes exclusive. It is suggested that the phrase "civil servant" may include every person who serves the Crown, with the exception of members of the
armed forces of the United Kingdom
The British Armed Forces, also known as His Majesty's Armed Forces, are the military forces responsible for the defence of the United Kingdom, its Overseas Territories and the Crown Dependencies. They also promote the UK's wider interests, s ...
, the
Ministers of the Crown
Minister of the Crown is a formal constitutional term used in Commonwealth realms to describe a minister of the reigning sovereign or viceroy. The term indicates that the minister serves at His Majesty's pleasure, and advises the sovereign or ...
and the
judiciaries of the United Kingdom
The judiciaries of the United Kingdom are the separate judiciaries of the three legal systems in England and Wales, Northern Ireland and Scotland. The judges of the Supreme Court of the United Kingdom, the Special Immigration Appeals Commission ...
. However, members of the armed forces are nonetheless Crown servants.
Employment rights
Crown servants serve "at the pleasure of the Crown", and do not therefore benefit from the protections normally available to employees by law. However, the majority of these protections are applied to them by the
Trade Union and Labour Relations (Consolidation) Act 1992
The Trade Union and Labour Relations (Consolidation) Act 1992c 52 is a UK Act of Parliament which regulates United Kingdom labour law. The Act applies in full in England and Wales and in Scotland, and partially in Northern Ireland.
The law con ...
. For the purposes of the Act, "crown employment" means employment "under or for the purposes of a government department or any officer or body 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".
Official Secrets Act 1989
Section 12(1) of the
Official Secrets Act 1989
The Official Secrets Act 1989 (c. 6) is an Act of the Parliament of the United Kingdom that repeals and replaces section 2 of the Official Secrets Act 1911, thereby removing the public interest defence created by that section.
Lord Bingham s ...
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, an
paragraph 26(2)of the Schedule to, the
Scotland Act 1998
The Scotland Act 1998 (c. 46) is an Act of the Parliament of the United Kingdom which legislated for the establishment of the devolved Scottish Parliament with tax varying powers and the Scottish Government (then Scottish Executive). It was on ...
.
Paragraph (ab) was inserted b
paragraph 34of Schedule 10 to the
Government of Wales Act 2006
The Government of Wales Act 2006 (c 32) is an Act of the Parliament of the United Kingdom that reformed the then-National Assembly for Wales (now the Senedd) and allows further powers to be granted to it more easily. The Act creates a system o ...
. This provision came into force immediately after
the 2007 election by virtue o
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
The Northern Ireland Constitution Act 1973 is an Act of the Parliament of the United Kingdom which received the royal assent on 18 July 1973. The Act abolished the suspended Parliament of Northern Ireland and the post of Governor and made pro ...
(which related to the
Northern Ireland Executive
The Northern Ireland Executive is the devolved government of Northern Ireland, an administrative branch of the legislature – the Northern Ireland Assembly. It is answerable to the assembly and was initially established according to the ter ...
and other things). It was repealed on 2 December 1999 by section
99an
100(2)of, an
paragraph 9of Schedule 13 to, an
Schedule 15to, the
Northern Ireland Act 1998
__NOTOC__
The Northern Ireland Act 1998 is an Act of the Parliament of the United Kingdom which allowed Westminster to devolve power to Northern Ireland, after decades of direct rule.
It renamed the New Northern Ireland Assembly, established by ...
, subject to savings i
section 95of that Act.
The words "Part IX of the
Reserve Forces Act 1996
{{Unreferenced, date=January 2022
The Reserve Forces Act 1996 is a piece of British legislation that provides for the maintenance and composition of the British military's Reserve Forces.
Provisions of the Act to make
''"An Act to make provisi ...
" in paragraph (c) were substituted for the words "the
Reserve Forces Act 1980" on 1 April 1997 by section 131(1) of, an
paragraph 22of Schedule 10 to, the Reserve Forces Act 1996, subject t
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, an
paragraph 9of Schedule 6 to, the
Police (Northern Ireland) Act 2000
The Police (Northern Ireland) Act 2000 (c 32) is an Act of the Parliament of the United Kingdom. The act renamed the Royal Ulster Constabulary (RUC) to the Police Service of Northern Ireland (PSNI). It also created the Northern Ireland Policing ...
.
The words in the second set of square brackets in that paragraph were substituted for the words "or of the
National Criminal Intelligence Service
The National Criminal Intelligence Service (NCIS) was a United Kingdom policing agency. Following the Police and Criminal Justice Act 2001, NCIS returned to direct funding by the Home Office in 2002 and was a non-departmental public body. On 1 Ap ...
or the
National Crime Squad
The National Crime Squad (NCS) was a British police organisation which dealt with national and transnational organised and major crimes. Formed in April 1998 after the amalgamation of six former Regional Crime Squads, it merged with parts of H ...
" on 1 April 2006 by section 59 of, an
paragraph 58of Schedule 4 to, the
Serious Organised Crime and Police Act 2005
The Serious Organized Crime and Police Act 2005 (c.15) (often abbreviated to SOCPA or SOCAP) is an Act of the Parliament of the United Kingdom aimed primarily at creating the Serious Organised Crime Agency. It also significantly extended and si ...
. The words "or of the
National Criminal Intelligence Service
The National Criminal Intelligence Service (NCIS) was a United Kingdom policing agency. Following the Police and Criminal Justice Act 2001, NCIS returned to direct funding by the Home Office in 2002 and was a non-departmental public body. On 1 Ap ...
or the
National Crime Squad
The National Crime Squad (NCS) was a British police organisation which dealt with national and transnational organised and major crimes. Formed in April 1998 after the amalgamation of six former Regional Crime Squads, it merged with parts of H ...
" had been inserted on 1 April 1998, by section 134(1) of, an
paragraph 62of Schedule 9 to the
Police Act 1997
The Police Act 1997 is a United Kingdom Act of Parliament passed on 21 March 1997. Its main purposes are:
*to make provision for the National Criminal Intelligence Service (NCIS) and the National Crime Squad;
*to make provision about entry onto, an ...
.
"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
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, subord ...
to mean one of
His 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
Great British Nuclear, officially British Nuclear Fuels Ltd is a nuclear energy and fuels company owned by the UK Government. It is a non-departmental public body sponsored by the Department for Energy Security and Net Zero.
From its creatio ...
[The Official Secrets Act 1989 (Prescription) Order 1990 (S.I. 1990/200), article 2 and Schedule 1]
*The members of the Board of that Company
*The members, officers and employees of the
United Kingdom Atomic Energy Authority
The United Kingdom Atomic Energy Authority is a UK government research organisation responsible for the development of fusion energy. It is an executive non-departmental public body of the Department for Business, Energy and Industrial Strategy ...
*The employees of
Urenco Limited
*The members of the Board of that Company.
*The employees of
Urenco (Capenhurst) Limited[The Official Secrets Act 1989 (Prescription) Order 1990 (S.I. 1990/200), article 2 and Schedule 1 (as amended by the Official Secrets Act 1989 (Prescription) (Amendment) Order 1993 (S.I. 1993/847), article 2 and Schedule)]
*The members of the Board of that Company
*The employees of
Enrichment Technology Company Limited[The Official Secrets Act 1989 (Prescription) Order 1990 (S.I. 1990/200), article 2 and Schedule 1 (as amended by the Official Secrets Act 1989 (Prescription) (Amendment) Order 2003 (S.I. 2003/1918), article 2(2) and Schedule 1)]
*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 Authority
The Nuclear Decommissioning Authority (NDA) is a non-departmental public body of the Department for Business, Energy and Industrial Strategy, formed by the Energy Act 2004. It evolved from the Coal and Nuclear Liabilities Unit of the Department o ...
[The Official Secrets Act 1989 (Prescription) Order 1990 (S.I. 1990/200), article 2 and Schedule 1 (as amended by the Official Secrets Act 1989 (Prescription) (Amendment) Order 2007, article 2(4)]
*The employees of any subsidiary of the Nuclear Decommissioning Authority.
For this purpose, "subsidiary" has the same meaning as in the
Companies Act 1985
The Companies Act 1985 (c. 6) 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 d ...
.
[The Official Secrets Act 1989 (Prescription) Order 1990 (S.I. 1990/200), article 2A (inserted by the Official Secrets Act 1989 (Prescription) (Amendment) Order 2007, article 2(3)]
*The members of the Board of any subsidiary of the Nuclear Decommissioning Authority.
Again, "subsidiary" has the same meaning.
*The members and employees of the
Independent Police Complaints Commission
The Independent Police Complaints Commission (IPCC) was 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.
On 8 January 2018, th ...
.
Prescribed offices, s.12(1)(g)
The following offices are now prescribed for the purposes of section 12(1)(g):
*
Comptroller and Auditor General
An auditor general, also known in some countries as a comptroller general or comptroller and auditor general, is a senior civil servant charged with improving government accountability by auditing and reporting on the government's operations.
Fre ...
[The Official Secrets Act 1989 (Prescription) Order 1990 (S.I. 1990/200), article 3 and the first column of Schedule 2]
*Member of staff of the
National Audit Office
*
Comptroller and Auditor General for Northern Ireland
The Comptroller and Auditor General (C&AG) in the United Kingdom is the government official responsible for supervising the quality of public accounting and financial reporting. The C&AG is an officer of the House of Commons who is the head of th ...
*Member of staff of the
Northern Ireland Audit Office
Northern may refer to the following:
Geography
* North, a point in direction
* Northern Europe, the northern part or region of Europe
* Northern Highland, a region of Wisconsin, United States
* Northern Province, Sri Lanka
* Northern Range, a ra ...
*
Auditor General for Scotland
The Auditor General for Scotland (AGS) is the public official in charge of the Audit Scotland, the body responsible for auditing most of Scotland's public bodies, except local authorities. The Auditor General oversees the scrutiny of how publi ...
*
Parliamentary Commissioner for Administration
The Parliamentary and Health Service Ombudsman (PHSO) comprises the offices of the Parliamentary Commissioner for Administration (PCA) and the Health Service Commissioner for England (HSC). The Ombudsman is responsible for considering complaints ...
*The
Scottish Parliamentary Commissioner for Administration
*
Northern Ireland Parliamentary Commissioner for Administration
*
Scottish Public Services Ombudsman
The Scottish Public Services Ombudsman (SPSO) is the organisation that handles complaints about public services in Scotland. The Ombudsman service is independent of government and with a duty to act impartially.
The SPSO is responsible for lookin ...
*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
[The Official Secrets Act 1989 (Prescription) Order 1990 (S.I. 1990/200), article 3 and the second column of Schedule 2]
*Officer of the
Health Service Commissioner for England
The Parliamentary and Health Service Ombudsman (PHSO) comprises the offices of the Parliamentary Commissioner for Administration (PCA) and the Health Service Commissioner for England (HSC). The Ombudsman is responsible for considering complaints ...
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 Commissioner 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
[The Official Secrets Act 1989 (Prescription) Order 1990 (S.I. 1990/200), article 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) Order 2004 (S.I. 2004/1823 (S.4))]
See also
*
Civil Service
The civil service is a collective term for a sector of government composed mainly of career civil servants hired on professional merit rather than appointed or elected, whose institutional tenure typically survives transitions of political leaders ...
References
{{Civil service
Public administration
Civil Service
The civil service is a collective term for a sector of government composed mainly of career civil servants hired on professional merit rather than appointed or elected, whose institutional tenure typically survives transitions of political leaders ...