'(1) Rules may be made imposing requirements as to nationality which must be satisfied by a person employed or holding office in a civil capacity under the Crown in a reserved post.

(2) A post is a reserved post if-

(a) it is a post in any of the security and intelligence services, or

(b) it is within subsection (3) or (4), and a Minister of the Crown has determined that it is necessary for requirements as to nationality to be satisfied in relation to the post.

(3) The posts within this subsection are-

(a) posts in Her Majesty's Diplomatic Service and posts in the Foreign and Commonwealth Office, and

(b) posts in the Defence Intelligence Staff.

(4) The posts within this subsection are posts whose functions are concerned with-

(a) access to intelligence information received directly or indirectly from any of the security and intelligence services,

(b) access to other information which, if disclosed without authority or otherwise misused, might damage the interests of national security,

(c) access to other information which, if disclosed without authority or otherwise misused, might be prejudicial to the interests of the United Kingdom or the safety of its citizens, or

(d) border control or decisions about immigration.

(5) A determination under subsection (2)(b) may relate to a particular post or posts, or to posts falling within a description specified in the determination.

(6) In this section "the security and intelligence services" means-

(a) the Security Service,

(b) the Secret Intelligence Service, and

(c) the Government Communications Headquarters.

(7) The rules may also-

(a) impose requirements as to nationality which must be satisfied in the case of persons connected with a person who must satisfy requirements imposed under subsection (1), and

(b) provide that any requirement imposed under paragraph (a) may be treated as satisfied if a connected person has or had substantial ties with the United Kingdom.

(8) For the purposes of this section the following are connected with a person-

(a) any parent or deceased parent of the person,

(b) any spouse or civil partner of the person,

(c) any person living together with the person as if they were spouses or civil partners, or

(d) any parent of a person within paragraph (b) or (c).

(9) The rules are to be made by a Minister of the Crown.

(10) The rules may include provision-

(a) exempting persons of a description specified in the rules (and persons connected with them) who were first employed, or first held office, in the post in question before a specified date, and

(b) allowing the granting of exemptions by the appropriate person.

(11) In subsection (10)(b) "the appropriate person" means-

(a) in the case of posts in the Security Service, the Director-General of the Security Service or a person nominated by the Director-General of the Security Service,

(b) in the case of posts in the Secret Intelligence Service, the Chief of the Secret Intelligence Service or a person nominated by the Chief of the Secret Intelligence Service,

(c) in the case of posts in the Government Communications Headquarters, the Director of the Government Communications Headquarters or a person nominated by the Director of the Government Communications Headquarters, and

(d) otherwise, a Minister of the Crown.

(12) The references in-

(a) section 75(5)(b) of the Race Relations Act 1976 (c. 74) (rules relating to nationality etc. of persons employed in service of Crown), and

(b) Article 71(5)(b) of the Race Relations (Northern Ireland) Order 1997 (S.I. 1997/869 (N.I. 6)) (corresponding provision for Northern Ireland),

to the implementation of rules include the grant of (or refusal to grant) exemptions under subsection (10)(b).

(13) The power of a Minister of the Crown to make rules under this section is exercisable by statutory instrument.

(14) A statutory instrument containing rules under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

(15) Nothing in this section limits any power to impose a requirement which is not a requirement as to nationality even if the ability of a person to satisfy the requirement may be affected by the nationality of the person or any other person.'.- (Mark Tami.)

Brought up, and added to the Bill.