VOLUME 8
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18.3 - 18.5
18.3
USE OF CROWN AGENTS BY DTs
18.3.1
Subject to the Provisions of Colonial Regulations 269 274, a DT is not obliged to employ the Crown Agents for every purpose and may use both the Crown Agents and other agents. The Crown Agents Act requires the Crown Agents to act as agents for DTS on terms similar to those on which they carry out the same activities for their other Principals.
18.3.2 The Crown Agents recruit certain categories of staff for employment in DTs. This may be done
either on a permanent and pensionable basis or on agreement/contract.
18.3.3 ODA Advisers assist the Crown Agents in the recruitment of staff with which they are concerned eg the ODA Medical Advisers in respect of nursing and medical staff. The Overseas Labour Adviser and Overseas Police Adviser also assist the Crown Agents. The DT Staffing Section may from time to time assist in this recruitment, either at their own suggestion or that of the Crown Agents.
8.4
LEGAL ASPECTS
18.4.1
When the Crown Agents take legal proceedings, it is normally on behalf of their Overseas Principals. The Secretary of State should not be involved in any way. The Crown Agents are unlikely to consult the FCO. If they do, the geographical Department concerned should immediately consult the departmental Legal Adviser to find the most effective means of excluding the Secretary of State from any involvement in the proceedings.
18.4.2 If it is proposed that the Crown Agents should be asked to take proceedings in respect of the affairs of any DT, Legal Advisers must be consulted in good time and the same consideration of avoiding the involvement of the Secretary of State will also be paramount.
18.4.3
18.4.4
If a question arises as to the employment of solicitors by the Crown Agents on behalf of a DT, the departmental Legal Advisers may be consulted as to the choice of solicitors, but care must be taken to ensure that the client of the solicitors is the Government of the DT.
When the Crown Agents engage in major legal proceedings on behalf of a DT, they inform the geographical Department, which should then ensure that the Legal Advisers are aware of the proceedings, and in a position to watch them in the interests of the Secretary of State. This may be of particular importance if any constitutional issue is raised in the proceedings.
18.5
POLICY AND ADVICE
18.5.1
The DT General Section is responsible for the handling of general matters of policy concerning the DTs as a whole in relation to the Crown Agents.
18.5.2 Any advice given to desk officers by the Crown Agents should not be disclosed to any party other
than the Overscas Principal, except with the formal agreement of the Crown Agents.
September 1980
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AL/2
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