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Part XIIIE+W+S Miscellaneous

Chapter IE+W+S Particular types of employment

Crown employment etc.E+W+S

193 National security.E+W+S

(1)The provisions of this Act to which this section applies do not have effect in relation to any Crown employment in respect of which there is in force a certificate issued by or on behalf of a Minister of the Crown certifying that employment of a description specified in the certificate, or the employment of a particular person so specified, is (or, at a time specified in the certificate, was) required to be excepted from those provisions for the purpose of safeguarding national security.

(2)This section applies to—

(a)Part I, so far as it relates to itemised pay statements,

(b)Part III,

[F1F1(bb)Part IVA,

F1(bc)in Part V, section 47B,]

(c)in Part VI, sections 50 to 54,

(d)in Part VII, sections 64 and 65, and sections 69 and 70 so far as relating to those sections,

(e)in Part IX, sections 92 and 93, except where they apply by virtue of section 92(4),

(f)Part X, except so far as relating to a dismissal which is treated as unfair—

(i)by section 99(1) to (3), 100 or 103, or

(ii)by subsection (1) of section 105 by reason of the application of subsection (2), (3) or (6) of that section, and

(g)this Part and Parts XIV and XV (so far as relating to any of the provisions specified in paragraphs (a) to (f)).

(3)Any document purporting to be a certificate issued as mentioned in subsection (1)—

(a)shall be received in evidence, and

(b)unless the contrary is proved, shall be deemed to be such a certificate.

[F2(4)Part IVA and sections 47B and 103A do not have effect in relation to employment for the purposes of the Security Service, the Secret Intelligence Service or the Government Communications Headquarters.]

Textual Amendments

F1S. 193(2)(bb)(bc) inserted (2.7.1999) by 1998 c. 23, s. 11(2); S.I. 1999/1547, art. 2 (which insertion falls (prosp.) by reason of the repeal of 1998 c. 23, s. 11 by 1999 c. 26, ss. 44, 45(1), Sch. 9(12))

F2S. 193(4) inserted (2.7.1999) by 1998 c. 23, s. 11(3); S.I. 1999/1547, art. 2 (which insertion falls (prosp.) by reason of the repeal of 1998 c. 23, s. 11 by 1999 c. 26, ss. 44, 45(1), Sch. 9(12))