Part III Overseas Service
10 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 coming into force of this Act) with Governments of overseas territories, the Secretary of State may appoint officers to be available for employment in the public services of those territories, otherwise than in military, naval or air force duties, in accordance with any such arrangements.
C12
For the purposes of this section, a person shall be taken to be employed in the public services of an overseas territory at any time when—
a
he is employed in any capacity under the Government of that territory, or under any municipal or other local authority in it; or
b
he is employed, in circumstances not falling within paragraph (a) above, by a body corporate established for any public purpose in that territory by an enactment of a legislature empowered to make laws for that territory; or
c
he is the holder of a public office in that territory in circumstances not falling within either paragraph (a) or (b) above.
3
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.
4
Any such consent (whether conditional or unconditional) may be given—
a
in respect of the appointment of a particular officer; or
b
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
c
for giving effect to arrangements with a Government so specified; or
d
otherwise as the Treasury may consider appropriate.
5
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 coming into force of this Act) with that Government; or
b
in any other case, the appointment is made with the consent of that Government.
6
A person shall not be taken to be appointed under this section unless a statement to that effect, expressly referring to this section, is contained in his instrument of appointment.
7
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.
8
An officer appointed under this section, howsoever he may be employed from time to time, shall continue to hold his appointment under this section until—
a
his appointment is terminated by the Secretary of State, whether on retirement or otherwise; or
b
he resigns or dies; or
c
(in the case of an officer appointed for a limited period) that period comes to an end,
whichever first occurs.
9
An officer to whom this section applies, in the absence of suitable employment of the kind specified in subsection (1) above, 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 section applies.
10
Subsections (8) and (9) above shall apply to a person appointed an officer under section 1 of the M1Overseas Service Act 1958 as they apply to a person so appointed under this section.
11
A person shall not be taken to have been appointed under section 1 of the M2Overseas Service Act 1958 unless a statement to that effect, expressly referring to that Act, is contained in his instrument of appointment.