Overseas Service Act 1958
| Jurisdiction | UK Non-devolved |
| Citation | 1958 c. 14 |
Overseas Service Act , 1958
(6 & 7 Eliz. 2) CHAPTER 14
An Act to authorise the Secretary of State to appoint officers available for civilian employment in public services overseas; to make provision as to superannuation in respect of officers so appointed, and to make further provision with respect to the overseas service of police officers; and for purposes connected with the matters aforesaid.
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Appointment of officers available for public service overseas.
(1) For the purpose of giving effect to arrangements made by the Secretary of State (whether before or after the passing of this Act) with Governments of overseas territories, the Secretary of State may appoint officers to be available for civilian employment in the public services of those territories in accordance with any such arrangements.
(2) The power to appoint officers under this section shall not be exercisable except with the consent of the Treasury, which may be given either unconditionally or subject to such conditions as the Treasury may determine.
(3) Any such consent (whether conditional or unconditional) may either be given in respect of the appointment of a particular officer, or may be given generally in respect of the appointment (within such limits as may be specified in the consent) of officers of such description, or for such purposes, as may be so specified, or for giving effect to arrangements with a Government so specified, or otherwise as the Treasury may consider appropriate.
(4) A person shall not be appointed by the Secretary of State under this section at a time when he is employed in any capacity under the Government of an overseas territory, unless—
(a ) the appointment is made for giving effect to arrangements made (whether before or after the passing of this Act) with that Government, or
(b ) in any other case, the appointment is made with the consent of that Government.
(5) A person shall not be taken to be appointed under this section unless a statement to that effect, expressly referring to this Act, is contained in his instrument of appointment.
(6) Subject to the preceding provisions of this section, an officer may be appointed by the Secretary of State under this section subject to such conditions as the Secretary of State may determine, and either for a limited period or indefinitely; and an officer appointed under this section, howsoever he may be employed from time to time, shall continue to hold his appointment thereunder until his appointment is terminated by the Secretary of State, whether on retirement or otherwise, or he resigns or dies, or (in the case of an officer appointed for a limited period) that period comes to an end, whichever first occurs.
(7) In the following provisions of this Act any reference to an officer to whom this Act applies is a reference to an officer who has been appointed by the Secretary of State under this section and for the time being continues to hold that appointment; and for the purposes of this Act a person shall be taken to be serving as an officer to whom this Act applies at any time when, having been so appointed, he continues to hold that appointment, and any reference in this Act to service as such an officer shall be construed accordingly.
(8) An officer to whom this Act applies, in the absence of suitable employment of the kind specified in subsection (1) of this section, may with the consent of the Treasury be made available by the Secretary of State for other employment, while continuing to serve as an officer to whom this Act applies.
2 Superannuation in respect of service as officer to whom Act applies.
(1) The Secretary of State with the consent of the Treasury may by order make provision for the payment of pensions in respect of service as an officer to whom this Act applies, or for providing and maintaining one or more pension schemes (whether contributory or not) in respect of such service; and any such provision may be made with a view to the payment of pensions either to or in respect of the persons to whom it relates.
(2) An order made under this section may include provision whereby, for the purpose of determining whether a person is eligible for a pension thereunder, or for the purpose of calculating the amount of such a pension, there shall be taken into account such service or employment (other than service as an officer to whom this Act applies) as may be prescribed by or under the order.
(3) An order under this section may be made so as to provide for the exclusion from the operation of the order of particular cases or classes of cases, or so as to provide for the operation of the order to be different in relation to different cases or classes of cases.
(4) Any order under this section may be varied or revoked by a subsequent order thereunder.
(5) The power to make orders under this section shall be exercisable by statutory instrument; and any instrument containing such an order shall be subject to annulment in pursuance of a resolution of either House of Parliament.
3 Provisions as to superannuation under other enactments.
(1) Notwithstanding anything in the Superannuation Acts, 1834 to 1950, service as an officer to whom this Act applies shall not be taken, for the purposes of those Acts, to be service or employment (whether in an established or an unestablished capacity) in the civil service of the State.
(2) For the purposes of those Acts, service as an officer to whom this Act applies shall be deemed to be service in a public office within the meaning of the Superannuation Act, 1892, if apart from this subsection it would not be service in such a public office.
(3) Section two of the Superannuation (Miscellaneous Provisions) Act, 1948 (which relates to pensions of persons transferring to different employment) shall have effect subject to the amendments specified in the First Schedule to this Act, being amendments for extending the provisions of that section to service as an officer to whom this Act applies.
(4) Without prejudice to any power exercisable by virtue of section eleven of the said Act of 1948 (which enables rules to be made for treating certain overseas employments as approved...
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