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FIRE SERVICE AND GENERAL FIRE SAFETY TOPICS => General Interest => Topic started by: Midland Retty on November 26, 2010, 04:54:30 PM
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Here's one for all you arm chair legal beagles out there
A barrister has told me that firefighters have "Crown Servant" status.
This seems very unlikely to me - Can anyone shed any light on this or know it to be true?
(I won't explain why I need to know, it would take too long, it is not to do with any live case or legal action I might add, Ive done some searching on the internet for an answer to no avail).
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As a former civil servant I am dubious about this. Firefighters are employed by a local authority, not by the central civil service whose employees are 'crown employees'. The only exception may be firefighters in the Defence Fire Service if they are employed directly by MoD?
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If you are employed by the civil service you are a civil servant not a crown servant. Crown servants status normally only applies to police and military personnel and the prison service as far as Im aware. If they were crown servants they wouldnt be able to go on strike. Because London fire brigade have gone on strike firefighters can't be crown servants.
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From the Cabinet Office
Crown servants: the term “Crown servant†is defined in section 12 of the OSA to include not just civil servants and members of the armed forces but also Ministers, including Ministers from the devolved administrations and the police. The term also includes members or employees of certain bodies and holders of certain offices that are prescribed in the Official Secrets Act 1989 (Prescription) Order 19901, including British Nuclear Fuels plc, the United Kingdom Atomic Energy Authority, the Nuclear Decommissioning Authority, the Comptroller and Auditor General, and the Parliamentary Commissioner for Administration. The OSA applies to both present and former Crown servants (as defined).
Also http://www.legislation.gov.uk/ukpga/1989/6/section/12
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Thanks for that, Tom. I think that confirms that firefighters employed by a local authority are not included in the definition of 'Crown Servants'. Unless of course other legislation has included them as people in a 'prescribed body' under the OSA?
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MF
As Crown Servant you have to swear allegiance to HM ;D
We generally use the local Lord Lieutenant or Dep
davo
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MF
As Crown Servant you have to swear allegiance to HM ;D
We generally use the local Lord Lieutenant or Dep
davo
Does this mean that a condition of my acceptance to attend the wedding, in the front row of course, will be my undying loyalty to HM?
No prob so long as I never see the bottom of my glass.
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Thanks for all your replies folks. :)
The barrister in question is Canadian (but practices in England) and this where the confusion may have come.
Perhaps the term Crown Servant means something different over there - HM Queen is also their head of state!
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Does this barrister work for a certain training organisation Midland??
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Well it depends on what "certain training organisation" you mean Baldyman dear boy... I wonder if its the same organisation that you think I think you think I am talking about...
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Is that the same organisation that I know you know I know Baldymans thinking about Midland?