paragraphs 11 to 48
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43011
BELEIVED IN REGISTRY NO. 51 2 8 MAR 1980
LEGISLATION AFFECTING THE CONDITIONS OF SERVICE OF CIVIL SERVANTS
1-10 unallocated
DESK OFFICER INDEX
PA
REGISTRY
Action Taken
11 The Civil Service has evolved under the Royal Prerogative and, except as regards superannuation dPERTOT on a codified statutory basis. In legal theory, all civil servants form part of the personal staff of the Sovereign and it is still true to say that on appointment civil servants, as servants of the Crown, hold office during Crown.
the
12 The origins of Treasury control over the organisation and regulation of the Civil Service were consolidated in a prerogative Order in Council of 1920. With the creation of the Civil Service Department, following the Fulton Report of 1968, these prerogative powers were vested in the Minister for the Civil Service by virtue of Article 5 of the Civil Service Order in Council 1969 which states:
"The Minister for the Civil Service may from time to time make regulations or give instructions for controlling the conduct of Her Majesty's Home Civil Service, and providing for the classification, remuneration and other conditions of service of all persons employed therein whether permanently or temporarily."
13 Functions relating to the control of pay and conditions of service etc that had been conferred by statute on the Treasury were transferred to the Minister for the Civil Service by two statutory instruments in 1968 and 1969 - the Minister for the Civil Service Order 1968 (SI 1968/1656) and the Minister for the Civil Service Order 1971 (SI 1971/2099).
・AN F
14 For the most part, the relationship between the civil servant and the Crown remains one regulated under the prerogative and based on personal appointment. As such, a civil servant does not have a contract of employment enforceable in the Courts but rather a letter of appointment, and technically the Crown still retains the right to dismiss a civil servant at pleasure. Recently, however, the legal position of civil servants has been radically changed by the growing trend for legislation to apply to the Civil Service either directly, by the provisions of the Acts themselves or by Govermental assurances that the conditions applying to civil servants will not be less favourable than those applying to other employees.
15 The following Acts, which appear in chronological order, are those which most significantly affect civil servants in their role as employees. The effect of the legislation on the various conditions of service will be covered in the Code section relating specifically to each condition of service, or, as appropriate, by departmentally issued notices.
16-25 unallocated
OFFICIAL SECRETS ACT 1911 and 1920
26 Under the Official Secrets Act it is an offence for employees to disclose to an unauthorised person, either orally or in writing any information he has acquired through his official duties unless he has received official permission (see paragraph 9904 et seq).
27-36 unallocated
SUPERANNUATION ACT 1972
37 The Superannuation Act 1972 gives power to the Minister for the Civil Service to make, maintain and administer schemes which provide pensions, allowances and gratuities to civil servants. The Principal Civil Service Pension Scheme has been made under this Act, (see paragraphs 8554 et seq.).
38-47 unallocated
CONTRACTS OF EMPLOYMENT ACT 1972 (taking into account amendments to the Act made by the Trade Union and Labour Relations Act 1974 and those amendments made by the Employment Protection Act 1975 which became effective from 1 June 1976).
48 The main effects of this Act are to provide a right for both employers and employees to receive minimum periods of notice and for employees to be given written particulars of the terms of their employment including information on grievance and discipline procedures. Although the provisions of this Act are not binding on the Crown the Government has undertaken that these should be observed in respect of its employees.
CM/255
Issue 1:July 1977
29