DRAFT CONTINUATION
DSR 11C (Revised 12/89)
SECURITY
CLASSIFICATION.
Top Secret
Secret
Confidential
Restricted
Unclassified
(a) British citizens;
(b) British subjects under
Part IV of the British Nationality Act 1981 having
the right of abode in the UK; (c) British
Dependent Territories citizens acquiring their
citizenship from connection with Gibraltar.
RIVACY
MARKING
n Confidence
It is arguable that this definition of UK
nationals drawn up for Community purposes would
ensure a consistent approach to the definition of
nationality. As you have pointed out however this
definition is drawn up primarily to establish who
may enjoy the various rights established for
nationals of Member States under the EC Treaties.
Article 48 (4) does not make any reference to
"nationals of Member States", and I am not aware
that the case-law of the ECJ on Article 48(4)
expressly states that public service posts should
be reserved for "nationals of Member States" There
therefore appears to be no requirement that the
nationality rules for public service posts should
reflect the above definition of UK nationals for
EC purposes.
(c) British Protected Persons and Commonwealth
Citizens other than Citizens of Independent
States
Given that the current exercise arises out of the
fact that Irish citizens and citizens of
independent Commonwealth States are currently tock No. C002B