HC Deb 07 February 1951 vol 483 cc1738-9

Whereas by the Servants of the Crown (Parliamentary Candidature) Order, 1927, provision was made for securing uniformity in the conditions regulating the right of servants of the Crown to become candidates at Parliamentary elections;

And Whereas the Servants of the Crown (Parliamentary Candidature) Order, 1927, was varied by the Servants of the Crown (Parliamentary Candidature) (Amendment) Order, 1950;

And Whereas it appears expedient to His Majesty, on representations made to him by the Treasury, the Secretary of State for Foreign Affairs, the Admiralty, the Army Council and the Air Council, to make further provision in relation to the matters aforesaid;

Now, therefore, His Majesty is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows:

1.—(1) Subject to the provisions of paragraph (2) of this Article, this Order shall apply to all persons employed in the naval, military, air force, foreign or civil service of the Crown, whether such employment is of a permanent or temporary nature, and whether established or unestablished.

(2) This Order shall not apply to:

  1. (a) officers on the retired or emergency lists of the Royal Navy or Royal Marines or Royal Air Force, or to officers and men of any of the auxiliary or reserve forces (including officers on an unemployed list or in any reserve of officers) except: —
    1. (i) when embodied or called out on permanent or active service or otherwise employed under conditions prescribed by regulations made in pursuance of this Order, or
    2. (ii) when so employed in the naval, military, air force, foreign or civil service of the Crown that, by reason of such employment, paragraph (1) of Article 1 of this Order would apply to them; or
  2. (b) persons employed in industrial grades or in such grades as may from time to time be certified by the Department concerned with the approval of the Treasury to he industrial grades for the purposes of this Order; or
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  4. (c) persons employed in such grades as may from time to time be certified by the Department concerned with the approval of the Treasury to be minor and manipulative grades for the purposes of this Order, not being persons employed in a constabulary under the control of the Admiralty, Army Council or Air Council.

2. Subject to the provisions of Article 3 hereof, no person to whom this Order applies shall issue an address to electors or in any other manner publicly announce himself or allow himself to be publicly announced as a candidate or prospective candidate for election to Parliament for any constituency until he has retired or resigned from employment in the service of the Crown.

3. A person who is, by virtue of the National Service Act, 1948, serving for a term of whole-time service in the Royal Navy, the Royal Marines, the Army or the Royal Air Force, may publicly announce himself or allow himself to be publicly announced as a candidate or prospective candidate for election to. Parliament for any constituency, but shall not, while so serving, issue an address to electors or in any other way actively participate in any political activities.

4. For the purposes of this Order, in relation to officers and men employed in the naval, military, and air force service of the Crown, the expressions "retired or resigned from employment" and "auxiliary or reserve forces" shall have such meanings as may be prescribed by regulations made in pursuance of this Order.

5. The Admiralty, the Army Council and the Air Council shall issue regulations for giving effect to this Order so far as it relates to persons in the naval, military and air force service of the Crown.

6.—(1) This Order applies to women as it applies to men.

(2) The Interpretation Act, 1889, shall apply to the interpretation of this Order as it applies to the interpretation of an Act of Parliament.

7.—(1) This Order may be cited as the Servants of the Crown (Parliamentary Candidature) Order, 1950.

(2) The Servants of the Crown (Parliamentary Candidature) Order, 1927, and the Servants of the Crown (Parliamentary Candidature) (Amendment) Order, 1950, are hereby revoked.

(Signed) E. C. E. LEADBITTER.