APPENDIX A
HER MAJESTY'S OVERSEAS CIVIL SERVICE
Her Majesty's Overseas Civil Service was established as such in 1954 as a result of a report (Colonial No. 306) by Her Majesty's Government in which the need to safeguard the interests of Overseas pensionable officers serving in territories which attain self-government was recognised.
The following is an extract from that report:-
"6. Her Majesty's Government in the United Kingdom recognise that they have a special obligation towards those officers of the Colonial Service who hold their present posts as a result of having been selected for them by the Secretary of State. So long as Her Majesty's Government retains responsibility for the Government of the territory in which they are serving the necessary safeguards are provided by the Colonial Regulations or the constitutional instruments. Should the territory in whose public service they are employed attain self-government, these officers are entitled to expect that the following conditions will be observed:—
(1) so long as they remain in their existing employment, the Government of the territory concerned shall not alter their terms of service so as to make them less favourable than those on which the officers are already serving;
(2) the pensions and other benefits for which they or their dependents may be qualified under existing laws and regulations shall be similarly safeguarded;
(3) they shall continue to be regarded by Her Majesty's Government in the United Kingdom as members of Her Majesty's Service and as such to be eligible for consideration for transfer on promotion to any posts which the Secretary of State may be requested to fill in other territories;
(4) the government by which they are employed will not unreasonably withhold consent to their accepting any such transfer or promotion and will preserve their existing pension rights on transfer;
(5) they will be given adequate notice of any intention to terminate their employment in consequence of constitutional changes and Her Majesty's Government in the United Kingdom will endeavour to find them alternative employment should they so desire ;
(6) in the event of premature retirement resulting from constitutional changes they will receive compensation from the government of the territory concerned.
7. Her Majesty's Government in the United Kingdom accordingly make known their intention, if and when a territory attains self-government, to ensure the observance of these conditions by securing their embodiment in a formal agreement, to be entered into between Her Majesty's Government in the United Kingdom and the government of the territory. The agreement will also provide for the continuing payment of pensions already awarded to officers and their dependants.
8. In order that from now on all concerned may be clearly aware of their rights and obligations, a list will be compiled of all officers now in the Colonial Service to whom Her Majesty's Government in the United Kingdom regard the arrangements outlined in the last two paragraphs as applying. The officers included in this list will be given a new corporate title and will be known as Her Majesty's Overseas Civil Service.
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categories of overseas pensionable officers who have been appointed to the service of territorial governments otherwise than by selection by the Secretary of State. These officers may be assured that their interests will not be overlooked when the agreements referred to in paragraph 7 are being negotiated."
Special Regulations governing membership of the Service were framed and the current regulations are reproduced below:-
(B) Special Regulations by the Secretary of State for the Colonies 1. Her Majesty's Overseas Civil Service was constituted on the 1st October, 1954. An officer is eligible for membership:-
(1) if on that date he was a member of one of the Services listed in the
schedule to these Regulations; or
(2) if he is an expatriate officer who at that date, held or who has sub- sequently been appointed to, a pensionable office either on probation or as a confirmed officer, and was either
(a) selected for appointment, by or with the approval of the Secretary
of State, or
(b) recruited through the Crown Agents, or
(c) otherwise recruited to a post for which a normal channel of recruit-
ment is either the Colonial Office or the Crown Agents.
2. Appointments to Membership of Her Majesty's Overseas Civil Service shall be held during Her Majesty's pleasure as signified through the Secretary of State. The decision whether any person is a member or shall be appointed to be a Member of Her Majesty's Overseas Civil Service shall rest with the Secretary of State..
3. Members of the Service who occupy any public office shall be known as serving Members and will receive the pay and other terms of employment (including superannuation) attached to the offices which they hold under the governments or authorities by whom they are employed, in accordance with the laws or regulations of those governments or authorities. Membership of Her Majesty's Overseas Civil Service will not of itself carry any remuneration or emolument.
4. Serving Members of Her Majesty's Overseas Civil Service shall be subject to the Colonial Regulations (Part I-Public Officers) in force for the time being, if and in so far as these apply in themselves, or are applied in principle by local regulations, in the territory in which the Member is employed.
5. A serving Member of Her Majesty's Overseas Civil Service, while having no claim to employment otherwise than in the office which he has been offered and has accepted, shall be eligible for consideration by the Secretary of State for employment in any post which he may be requested or authorised to fill, and may also be considered, as opportunity offers, for posts in Commonwealth or foreign territories for which Her Majesty's Government in the United Kingdom may be invited to recommend candidates. No member of Her Majesty's Overseas Civil Service shall forfeit his eligibility for such consideration by reason of his accepting a public office in a territory to which Colonial Regulations do not apply, or by reason of the Colonial Regulations ceasing to apply in the territory where he is for the time being serving.
6. A Member of Her Majesty's Overseas Civil Service who ceases to hold any public office may, if he so desires and if the Secretary of State sees fit, be considered for further employment as if he were a Serving Member.
7. Her Majesty's Government in the United Kingdom reserve the right to vary, revoke or add to these regulations; provided that this right shall not be exercised to the disadvantage of any person who is at the time a Member of Her Majesty's Overseas Civil Service.
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