Last Updated: Friday, 29 August 2014, 14:18 GMT

British Nationality Act 1981

Publisher National Legislative Bodies / National Authorities
Author Parliament of the United Kingdom
Publication Date 30 October 1981
Citation / Document Symbol 1981 Chapter 61
Reference GBR-130
Cite as British Nationality Act 1981 [], 1981 Chapter 61, 30 October 1981, available at: http://www.refworld.org/docid/3ae6b5b08.html [accessed 30 August 2014]
Comments Crown Copyright 1981.
DisclaimerThis is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.

SCHEDULE 2 - PROVISIONS FOR REDUCING STATELESSNESS

PART I - BRITISH CITIZENSHIP

Acquisition after commencement

1. Acquisition by birth or adoption.

(1) A person born in the United Kingdom after commencement shall be a British citizen if at the time of the birth his father or mother is--

(a) a British citizen; or

(b) settled in the United Kingdom.

(2) A new-born infant who, after commencement, is found abandoned in the United Kingdom shall, unless the contrary is shown, be deemed for the purposes of subsection (1)-

(a) to have been born in the United Kingdom after commencement; and

(b) to have been born to a parent who at the time of the birth was a British citizen or settled in the United Kingdom.

(3) A person born in the United Kingdom after commencement who is not a British citizen by virtue of subsection (1) or (2) shall be entitled to be registered as a British citizen if, while he is a minor-

(a) his father or mother becomes a British citizen or becomes settled in the United Kingdom; and

(b) an application is made for his registration as a British citizen.

(4) A person born in the United Kingdom after commencement who is not a British citizen by virtue of subsection (1) or (2) shall be entitled, on an application for his registration as a British citizen made at any time after he has attained the age of ten years, to be registered as such a citizen if, as regards each of the first ten years of that person's life, the number of days on which he was absent from the United Kingdom in that year does not exceed 90.

(5) Where after commencement an order authorising the adoption of a minor who is not a British citizen is made by any court in the United Kingdom, he shall be a British citizen as from the date on which the order is made if the adopter or, in the case of a joint adoption, one of the adopters is a British citizen on that date.

(6) Where an order in consequence of which any person became a British citizen by virtue of subsection (5) ceases to have effect, whether on annulment or otherwise, the cesser shall not affect the status of that person as a British citizen.

(7) If in the special circumstances of any particular case the Secretary of State thinks fit, he may for the purposes of subsection (4) treat the person to whom the application relates as fulfilling the requirement specified in that subsection although, as regards any one or more of the first ten years of that person's life the number of days on which he was absent from the United Kingdom in that year or each of the years in question exceeds 90.

(8) In this section and elsewhere in this Act "settled" has the meaning given by section 50.

2. Acquisition by descent.

(1) A person born outside the United Kingdom after commencement shall be a British citizen if at the time of the birth his father or mother--

(a) is a British citizen otherwise than by descent; or

(b) is a British citizen and is serving, outside the United Kingdom in service to which this paragraph applies, his or her recruitment for that service having taken place in the United Kingdom; or

(c) is a British citizen and is serving outside the United Kingdom in service under a Community institution, his or her recruitment for that service having taken place in a country which at the time of the recruitment was a member of the Communities.

(2) Paragraph (b) of subsection (1) applies to--

(a) Crown service under the government of the United Kingdom; and

(b) service of any description for the time being designated under subsection (3).

(3) For the purposes of this section the Secretary of State may by order made by statutory instrument designate any description of service which he considers to be closely associated with the activities outside the United Kingdom of Her Majesty's government in the United Kingdom.

(4) Any order made under subsection (3) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

3. Acquisition by registration: minors.

(1) If while a person is a minor an application is made for his registration as a British citizen, the Secretary of State may, if he thinks fit, cause him to be registered as such a citizen.

(2) A person born outside the United Kingdom shall be entitled, on an application for his registration as a British citizen made within the period of twelve months from the date of the birth, to be registered as such a citizen if the requirements specified in subsection (3) or, in the case of a person born stateless, the requirements specified in paragraphs (a) and (b) of that subsection, are fulfilled in the case of either that person's father or his mother ("the parent in question").

(3) The requirements referred to in subsection (2) are--

(a) that the parent in question was a British citizen by descent at the time of the birth; and

(b) that the father or mother of the parent in question--

(i) was a British citizen otherwise than by descent at the time of the birth of the parent in question; or

(ii) became a British citizen otherwise than by descent at commencement, or would have become such a citizen otherwise than by descent at commencement but for his or her death; and

(c) that, as regards some period of three years ending with a date not later than the date of the birth--

(i) the parent in question was in the United Kingdom at the beginning of that period; and

(ii) the number of days on which the parent in question was absent from the United Kingdom in that period does not exceed 270.

(4) If in the special circumstances of any particular case the Secretary of State thinks fit, he may treat subsection (2) as if the reference to twelve months were a reference to six years.

(5) A person born outside the United Kingdom shall be entitled, on an application for his registration as a British citizen made while he is a minor, to be registered as such a citizen if the following requirements are satisfied, namely--

(a) that at the time of that person's birth his father or mother was a British citizen by descent; and

(b) subject to subsection (6), that that person and his father and mother were in the United Kingdom at the beginning of the period of three years ending with the date of the application and that, in the case of each of them, the number of days on which the person in question was absent from the United Kingdom in that period does not exceed 270; and

(c) subject to subsection (6), that the consent of his father and mother to the registration has been signified in the prescribed manner.

(6) In the case of an application under subsection (5) for the registration of a person as a British citizen--

(a) if his father or mother died, or their marriage was terminated, on or before the date of the application, or his father and mother were legally separated on that date, the references to his father and mother in paragraph (b) of that subsection shall be read either as references to his father or as references to his mother;

(b) if his father or mother died on or before that date, the reference to his father and mother in paragraph (c) of that subsection shall be read as a reference to either of them; and

(c) if he was born illegitimate, all those references shall be read as references to his mother.

4. Acquisition by registration: British Dependent Territories citizens etc.

(1) This section applies to any person who is a British Dependent Territories citizen, a British Overseas citizens, a British subject under this Act or a British protected person.

(2) A person to whom this section applies shall be entitled, on an application for his registration as a British citizen, to be registered as such a citizen if the following requirements are satisfied in the case of that person, namely--

(a) subject to subsection (3), that he was in the United Kingdom at the beginning of the period of five years ending with the date of the application and that the number of days on which he was absent from the United Kingdom in that period does not exceed 450; and

(b) that the number of days on which he was absent from the United Kingdom in the period of twelve months so ending does not exceed 90; and

(c) that he was not at any time in the period of twelve months so ending subject under the immigration laws to any restriction on the period for which he might remain in the United Kingdom; and

(d) that he was not at any time in the period of five years so ending in the United Kingdom in breach of the immigration laws.

(3) So much of subsection (2)(a) as requires the person in question to have been in the United Kingdom at the beginning of the period there mentioned shall not apply in relation to a person who was settled in the United Kingdom immediately before commencement.

(4) If in the special circumstances of any particular case the Secretary of State thinks fit, he may for the purposes of subsection (2) do all or any of the following things, namely--

(a) treat the person to whom the application relates as fulfilling the requirement specified in subsection (2)(a) or subsection (2)(b), or both, although the number of days on which he was absent from the United Kingdom in the period there mentioned exceeds the number there mentioned;

(b) disregard any such restriction as is mentioned in subsection (2)(c), not being a restriction to which that person was subject on the date of the application;

(c) treat that person as fulfilling the requirement specified in subsection (2)(d) although he was in the United Kingdom in breach of the immigration laws in the period there mentioned.

(5) If, on an application for registration as a British citizen made by a person to whom this section applies, the Secretary of State is satisfied that the applicant has at any time served in service to which this subsection applies, he may, if he thinks fit in the special circumstances of the applicant's case, cause him to be registered as such a citizen.

(6) Subsection (5) applies to--

(a) Crown service under the government of a dependent territory; and

(b) paid or unpaid service (not falling within paragraph (a)) as a member of any body established by law in a dependent territory members of which are appointed by or on behalf of the Crown.

5. Acquisition by registration: nationals for purposes of the Community Treaties.

A British Dependent Territories citizen who falls to be treated as a national of the United Kingdom for the purposes of the Community Treaties shall be entitled to be registered as a British citizen if an application is made for his registration as such a citizen.

6. Acquisition by naturalisation.

(1) If, on an application for naturalisation as a British citizen made by a person of full age and capacity, the Secretary of State is satisfied that the applicant fulfils the requirements of Schedule l for naturalisation as such a citizen under this subsection, he may, if he thinks fit, grant to him a certificate of naturalisation as such a citizen.

(2) If, on an application for naturalisation as a British citizen made by a person of full age and capacity who on the date of the application is married to a British citizen, the Secretary of State is satisfied that the applicant fulfils the requirements of Schedule I for naturalisation as such a citizen under this subsection, he may, if he thinks fit, grant to him a certificate of naturalisation as such a citizen.

Acquisition after commencement: special cases

7. Right to registration by virtue of residence in U.K. or relevant employment.

(1) A person shall be entitled, on an application for his registration as a British citizen made (subject to subsections (6) and (7)) within five years after commencement, to be registered as such a citizen if either of the following requirements is satisfied in his case, namely--

(a) that, if paragraphs 2 and 3 (but not paragraph 4 or 5) of Schedule 1 to the Immigration Act 1971 had remained in force, he would (had he applied for it) have been, on the date of the application under this subsection, entitled under the said paragraph 2 to be registered in the United Kingdom as a citizen of the United Kingdom and Colonies; or

(b) that, if section a of the 1948 Act (and section 2 of the Immigration Act 1971 as in force immediately before commencement) had remained in force, he would (had he applied for it) have been, both at commencement and on the date of the application under this subsection, entitled under section a(I) of the 1948 Act to be registered as a citizen of the United Kingdom and Colonies.

(2) A person shall be entitled, on an application for his registration as a British citizen made (subject to subsection (8)) within six years after commencement, to be registered as such a citizen if he--

(a) was ordinarily resident in the United Kingdom throughout a period ending at commencement but not amounting to five years; and

(b) throughout the period from commencement to the date of the application--

(i) remained ordinarily resident in the United Kingdom; and

(ii) had the right of abode in the United Kingdom under the Immigration Act 1971; and

(c) had on the date of the application been ordinarily resident in the United Kingdom for the last five years or more.

(3) Subject to subsection (5), if, in the case of an application for the registration of a person under subsection (2) as a British citizen, that person has been engaged in relevant service throughout any period (of whatever length), that period shall for the purposes of subsection (2) be treated as a period throughout which he was ordinarily resident in the United Kingdom.

(4) For the purposes of subsection (3) "relevant service" means-

(a) Crown service under the government of the United Kingdom; or

(b) service under any international organisation of which the United Kingdom or Her Majesty's government therein is a member; or

(c) service in the employment of any company or association established in the United Kingdom.

(5) A person shall not be registered under subsection (2) wholly or partly by reason of service within subsection (4)(b) or (c) unless it seems to the Secretary of State fitting that he should be so registered by reason of his close connection with the United Kingdom.

(6) If in the special circumstances of any particular case the Secretary of State thinks fit, he may treat subsection (1) as if-

(a) the reference to five years after commencement were a reference to eight years after commencement; or

(b) where subsection (7) applies, as if the reference to five years from the date on which the person to whom the application relates attains full age were a reference to eight years from that date, but shall not do so in the case of an application based on paragraph (b) of subsection (1) unless the person to whom the application relates would have been entitled to be registered under that subsection on an application so based made immediately before the end of the five years after commencement.

(7) In the case of any person who is a minor at commencement, the reference to five years after commencement in subsection (1) above shall be treated as a reference to five years from the date on which he attains full age.

(8) If in the special circumstances of any particular case the Secretary of State thinks fit, he may treat subsection (2) as if the reference to six years after commencement were a reference to eight years after commencement.

8. Registration by virtue of marriage.

(1) A woman who immediately before commencement was the wife of a citizen of the United Kingdom and Colonies shall be entitled, on an application for her registration as a British citizen made within five years after commencement, to be registered as a British citizen if--

(a) immediately before commencement she would (if she had applied for it) have been entitled under section 6(2) of the 1948 Act to be registered as a citizen of the United Kingdom and Colonies by virtue of her marriage to the man who was then her husband; and

(b) that man became a British citizen at commencement and did not at any time in the period from commencement to the date of the application under this subsection cease to be such a citizen as a result of a declaration of renunciation; and

(c)she remained married to him throughout that period.

(2) On an application for her registration as a British citizen made within five years after commencement, the Secretary of State may, if he thinks fit, cause a woman to be registered as such a citizen if--

(a) immediately before commencement she would (if she had applied for it) have been entitled under section 6(2) of the 1948 Act to be registered as a citizen of the United Kingdom and Colonies by virtue of having been married to a man to whom she is no longer married on the date of the application under this subsection; and

(b) that man became a British citizen at commencement or would have done so but for his death.

(3) On an application for her registration as a British citizen made within five years after commencement by a woman who at the time of the application is married, the Secretary of State may, if he thinks fit, cause her to be registered as such a citizen if--

(a) immediately before commencement she would (if she had applied for it) have been entitled under section 6(2) of the 1948 Act to be registered as a citizen of the United Kingdom and Colonies by virtue of her being or having been married to the man who is her husband on the date of the application under this subsection; and

(b) that man either--

(i) became a British citizen at commencement but has ceased to be such a citizen as a result of a declaration of renunciation; or

(ii) would have become a British citizen at commencement but for his having ceased to be a citizen of the United Kingdom and Colonies as a result of a declaration of renunciation.

9. Right to registration by virtue of father's citizenship etc.

(1) A person born in a foreign country within five years after commencement shall be entitled, on an application for his registration as a British citizen made within the period of twelve months from the date of the birth, to be registered as such a citizen if--

(a) the requirements specified in subsection (2) are fulfilled in the case of that person's father; and

(b) had that person been born before commencement and become a citizen of the United Kingdom and Colonies by virtue of section 5 of the 1948 Act (citizenship by descent) as a result of the registration of his birth at a United Kingdom consulate under paragraph (b) of the proviso to section 5(1) of that Act, he would immediately before commencement have had the right of abode in the United Kingdom by virtue of section 2(1)(b) of the Immigration Act 1971 as then in force (connection with United Kingdom through parent or grandparent).

(2) The requirements referred to in subsection (l)(a) are that the father of the person to whom the application relates--

(a) immediately before commencement or at his death (whichever was earlier)--

(i) was a citizen of the United Kingdom and Colonies by virtue of section 5 of the 1948 Act (citizenship by descent) or was a person who, under any provision of the British Nationality Acts 1948 to 1965, was deemed for the purposes of the proviso to section 5(1) of the 1948 Act to be a citizen of the United Kingdom and Colonies by descent only; and

(ii) was married to that person's mother; and

(iii) was ordinarily resident in a foreign country (no matter which) within the meaning of the 1948 Act; and

(b) either--

(i) became a British citizen at commencement and remained such a citizen throughout the period from commencement to the date of the application or, if he died during that period, throughout the period from commencement to his death; or

(ii) would have become a British citizen at commencement but for his death.

10. Registration following renunciation of citizenship of U.K. and Colonies.

(1) Subject to subsection (3), a person shall be entitled, on an application for his registration as a British citizen, to be registered as such a citizen if immediately before commencement he would (had he applied for it) have been entitled under section 1(1) of the British Nationality Act 1964 (resumption of citizenship) to be registered as a citizen of the United Kingdom and Colonies by virtue of having an appropriate qualifying connection with the United Kingdom or, if a woman, by virtue of having been married before commencement to a person who has, or would if living have, such a connection.

(2) On an application for his registration as a British citizen made by a person of full capacity who had before commencement ceased to be a citizen of the United Kingdom and Colonies as a result of a declaration of renunciation, the Secretary of State may, if he thinks fit, cause that person to be registered as a British citizen if that person--

(a) has an appropriate qualifying connection with the United Kingdom; or

(b) if a woman, has been married to a person who has, or would if living have, such a connection.

(3) A person shall not be entitled to registration under subsection (1) on more than one occasion.

(4) For the purposes of this section a person shall be taken to have an appropriate qualifying connection with the United Kingdom if he, his father or his father's father--

(a) was born in the United Kingdom; or

(b) is or was a person naturalised in the United Kingdom; or

(c) was registered as a citizen of the United Kingdom and Colonies in the United Kingdom or in a country which at the time was mentioned in section 1(3) of the 1948 Act.

Acquisition at commencement

11. Citizens of U.K. and Colonies who are to become British citizens at commencement.

(1) Subject to subsection (2), a person who immediately before commencement--

(a) was a citizen of the United Kingdom and Colonies; and

(b) had the right of abode in the United Kingdom under the Immigration Act 1971 as then in force, shall at commencement become a British citizen.

(2) A person who was registered as a citizen of the United Kingdom and Colonies under section 1 of the British Nationality (No. 2) Act 1964 (stateless persons) on the ground mentioned in subsection (l)(a) of that section (namely that his mother was a citizen of the United Kingdom and Colonies at the time when he was born) shall not become a British citizen under subsection (1) unless--

(a) his mother becomes a British citizen under subsection (1) or would have done so but for her death; or

(b) immediately before commencement he had the right of abode in the United Kingdom by virtue of section 2(1)(c) of the Immigration Act 1971 as then in force (settlement in United Kingdom, combined with five or more years' ordinary residence there as a citizen of the United Kingdom and Colonies).

(3) A person who--

(a) immediately before commencement was a citizen of the United Kingdom and Colonies by virtue of having been registered under subsection (6) of section 12 of the 1948 Act (British subjects before commencement of 1948 Act becoming citizens of United Kingdom and Colonies) under arrangements made by virtue of subsection (7) of that section (registration in independent Commonwealth country by United Kingdom High Commissioner): and

(b) was so registered on an application under the said subsection (6) based on the applicant's descent in the male line from a person ("the relevant person") possessing one of the qualifications specified in subsection (l)(a) and (b) of that section (birth or naturalisation in the United Kingdom and Colonies).

shall at commencement become a British citizen if the relevant person was born or naturalised in the United Kingdom.

Renunciation and resumption

12. Renunciation.

(1) If any British citizen of full age and capacity makes in the prescribed manner a declaration of renunciation of British citizenship, then, subject to subsections (3) and (4), the Secretary of State shall cause the declaration to be registered.

(2) On the registration of a declaration made in pursuance of this section the person who made it shall cease to be a British citizen.

(3) A declaration made by a person in pursuance of this section shall not be registered unless the Secretary of State is satisfied that the person who made it will after the registration have or acquire some citizenship or nationality other than British citizenship; and if that person does not have any such citizenship or nationality on the date of registration and does not acquire some such citizenship or nationality within six months from that date, he shall be and be deemed to have remained, a British citizen notwithstanding the registration.

(4) The Secretary of State may withhold registration of any declaration made in pursuance of this section if it is made during any war in which Her Majesty may be engaged in right of Her Majesty's government in the United Kingdom.

(5) For the purposes of this section any person who has been married shall be deemed to be of full age.

13. Resumption.

(1) Subject to subsection (2), a person who has ceased to be a British citizen as a result of a declaration of renunciation shall be entitled, on an application for his registration as a British citizen, to be registered as such a citizen if--

(a) he is of full capacity; and

(b) his renunciation of British citizenship was necessary to enable him to retain or acquire some other citizenship or nationality.

(2) A person shall not be entitled to registration under subsection (1) on more than one occasion.

(3) If a person of full capacity who has ceased to be a British citizen as a result of a declaration of renunciation (for whatever reason made) makes an application for his registration as such a citizen, the Secretary of State may, if he thinks fit, cause him to be registered as such a citizen.

Supplementary

14. Meaning of British citizen " by descent ".

(1) For the purposes of this Act a British citizen is a British citizen "by descent" if and only if--

(a) he is a person born outside the United Kingdom after commencement who is a British citizen by virtue of section 2(1)(a) only or by virtue of registration under section 3(2) or 9; or

(b) subject to subsection (2), he is a person born outside the United Kingdom before commencement who became a British citizen at commencement and immediately before commencement--

(i) was a citizen of the United Kingdom and Colonies by virtue of section 5 of the 1948 Act (citizenship by descent); or

(ii) was a person who, under any provision of the British Nationality Acts 1948 to 1965, was deemed for the purposes of the proviso to section 5(1) of the 1948 Act to be a citizen of the United Kingdom and Colonies by descent only, or would have been so deemed if male; or

(iii) had the right of abode in the United Kingdom by virtue only of paragraph (b) of subsection (1) of section 2 of the Immigration Act 1971 as then in force (connection with United Kingdom through parent or grandparent), or by virtue only of that paragraph and paragraph (c) of that subsection (settlement in United Kingdom with five years' ordinary residence there), or by virtue only of being or having been the wife of a person who immediately before commencement had that right by virtue only of the said paragraph (b) or the said paragraphs (b) and (c); or

(iv) being a woman, was a citizen of the United Kingdom and Colonies as a result of her registration as such a citizen under section 6(2) of the 1948 Act by virtue of having been married to a man who at commencement became a British citizen by descent or would have done so but for his having died or ceased to be a citizen of the United Kingdom and Colonies as a result of a declaration of renunciation; or

(c)he is a British citizen by virtue of registration under section 3(1) and either--

(i) his father or mother was a British citizen at the time of the birth; or

(ii) his father or mother was a citizen of the United Kingdom and Colonies at that time and became a British citizen at commencement, or would have done so but for his or her death; or

(d) he is a British citizen by virtue of registration under section 5; or

(e) subject to subsection (2), being a woman born outside the United Kingdom before commencement, she is a British citizen as a result of her registration as such a citizen under section 8 by virtue of being or having been married to a man who at commencement became a British citizen by descent or would have done so but for his having died or ceased to be a citizen of the United Kingdom and Colonies as a result of a declaration of renunciation; or

(f)he is a British citizen by virtue of registration under section 10 who, having before commencement ceased to be a citizen of the United Kingdom and Colonies as a result of a declaration of renunciation, would, if he had not so ceased, have at commencement become a British citizen by descent by virtue of paragraph (b): or

(g) he is a British citizen by virtue of registration under section 13 who, immediately before he ceased to be a British citizen as a result of a declaration of renunciation, was such a citizen by descent; or

(h) he is a person born in a dependent territory after commencement who is a British citizen by virtue of paragraph 2 of Schedule 2.

(2) A person born outside the United Kingdom before commencement is not a British citizen "by descent" by virtue of subsection (l)(b) or (e) if his father was at the time of his birth serving outside the United Kingdom--

(a) in service of a description mentioned in subsection (3), his recruitment for the service in question having taken place in the United Kingdom; or

(b) in service under a Community institution, his recruitment for that service having taken place in a country which at the time of the recruitment was a member of the Communities.

(3) The descriptions of service referred to in subsection (2) are--

(a) Crown service under the government of the United Kingdom; and

(b) service of any description at any time designated under section 2(3)

PART II - BRITISH DEPENDENT TERRITORIES CITIZENSHIP

Acquisition after commencement

15. Acquisition by birth or adoption.

(1) A person born in a dependent territory after commencement shall be a British Dependent Territories citizen if at the time of the birth his father or mother is--

(a) a British Dependent Territories citizen; or

(b) settled in a dependent territory.

(2) A new-born infant who, after commencement, is found abandoned in a dependent territory shall, unless the contrary is shown, be deemed for the purposes of subsection (1):

(a) to have been born in that territory after commencement; and

(b) to have been born to a parent who at the time of the birth was a British Dependent Territories citizen or settled in a dependent territory.

(3) A person born in a dependent territory after commencement who is not a British Dependent Territories citizen by virtue of subsection (1) or (2) shall be entitled to be registered as such a citizen if, while he is a minor--

(a) his father or mother becomes such a citizen or becomes settled in a dependent territory; and

(b) an application is made for his registration as such a citizen.

(4) A person born in a dependent territory after commencement who is not a British Dependent Territories citizen by virtue of subsection (1) or (2) shall be entitled, on an application for his registration as a British Dependent Territories citizen made at any time after he has attained the age of ten years, to be registered as such a citizen if, as regards each of the first ten years of that person's life, the number of days on which he was absent from that territory in that year does not exceed 90.

(5) Where after commencement an order authorising the adoption of a minor who is not a British Dependent Territories citizen is made by a court in any dependent territory, he shall be a British Dependent Territories citizen as from the date on which the order is made if the adopter or, in the case of a joint adoption, one of the adopters, is a British Dependent Territories citizen on that date.

(6) Where an order in consequence of which nny person became a British Dependent Territories citizen by virtue of subsection (5) ceases to have effect, whether on annulment or otherwise, the cesser shall not affect the status of that person as such a citizen.

(7) If in the special circumstances of any particular case the Secretary of State thinks fit, he may for the purposes of subsection (4) treat the person to whom the application relates as fulfilling the requirements specified in that subsection although, as regards any one or more of the first ten years of that person's life, the number of days on which he was absent from the dependent territory there mentioned in that year or each of the years in question exceeds 90.

16. Acquisition by descent.

(1) A person born outside the dependent territories after commencement shall be a British Dependent Territories citizen if at the time of the birth his father or mother--

(a) is such a citizen otherwise than by descent; or

(b) is such a citizen and is serving outside the dependent territories in service to which this paragraph applies, his or her recruitment for that service having taken place in a dependent territory.

(2) Paragraph (b) of subsection (1) applies to--

(a) Crown service under the government of a dependent territory; and

(b) service of any description for the time being designated under subsection (3).

(3) For the purposes of this section the Secretary of State may by order made by statutory instrument designate any description of service which he considers to be closely associated with the activities outside the dependent territories of the government of any dependent territory.

(4) Any order made under subsection (3) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

17. Acquisition by registration: minors.

(1) If while a person is a minor an application is made for his registration as a British Dependent Territories citizen the Secretary of State may, if he thinks fit, cause him to be registered as such a citizen.

(2) A person born outside the dependent territories shall be entitled, on an application for his registration as a British Dependent Territories citizen made within the period of twelve months from the date of the birth, to be registered as such a citizen if the requirements specified in subsection (3) or, in the case of a person born stateless, the requirements specified in paragraphs (a) and (b) of that subsection, are fulfilled in the case of either that person's father or his mother

("the parent in question").

(3) The requirements referred to in subsection (2) are--

(a) that the parent in question was a British Dependent Territories citizen by descent at the time of the birth; and

(b) that the father or mother of the parent in question--

(i) was a British Dependent Territories citizen otherwise than by descent at the time of the birth of the parent in question; or

(ii) became a British Dependent Territories citizen otherwise than by descent at commencement, or would have become such a citizen otherwise than by descent at commencement but for his or her death; and

(c) that, as regards some period of three years ending with a date not later than the date of the birth--

(i) the parent in question was in a dependent territory at the beginning of that period; and

(ii) the number of days on which the parent in question was absent from that territory in that period does not exceed 270.

(4) If in the special circumstances of any particular case the Secretary of State thinks fit, he may treat subsection (2) as if the reference to twelve months were a reference to six years.

(5) A person born outside the dependent territories shall be entitled, an on application for his registration as a British Dependent Territories citizen made while he is a minor, to be registered as such a citizen if the following requirements are satisfied, namely--

(a) that at the time of that person's birth his father or mother was a British Dependent Territories citizen by descent; and

(b) subject to subsection (6), that that person and his father and mother were in one and the same dependent territory (no matter which) at the beginning of the period of three years ending with the date of the application and that, in the case of each of them, the number of days on which the person in question was absent from the last-mentioned territory in that period does not exceed 270; and

(c)subject to subsection (6), that the consent of his father and mother to the registration has been signified in the prescribed manner.

(6) In the case of an application under subsection (5) for the registration of a person as a British Dependent Territories citizen--

(a) if his father or mother died, or their marriage was terminated, on or before the date of the application, or his father and mother were legally separated on that date, the references to his father and mother in paragraph (b) of that subsection shall be read either as references to his father or as references to his mother;

(b) if his father or mother died on or before that date, the reference to his father and mother in paragraph (c) of that subsection shall be read as a reference to either of them; and

(c) if he was born illegitimate, all those references shall be read as references to his mother.

18. Acquisition by naturalisation.

(1) If, on an application for naturalisation as a British Dependent Territories citizen made by a person of full age and capacity, the Secretary of State is satisfied that the applicant fulfils the requirements of Schedule 1 for naturalisation as such a citizen under this subsection, he may, if he thinks fit, grant to him a certificate of naturalisation as such a citizen.

(2) If, on an application for naturalisation as a British Dependent Territories citizen made by a person of full age and capacity who on the date of the application is married to such a citizen, the Secretary of State is satisfied that the applicant fulfils the requirements of Schedule 1 for naturalisation as such a citizen under this subsection, he may, if he thinks fit, grant to him a certificate of naturalisation as such a citizen.

(3) Every application under this section shall specify the dependent territory which is to be treated as the relevant territory for the purposes of that application; and, in relation to any such application, references in Schedule 1 to the relevant territory shall be construed accordingly.

Acquisition after commencement: special cases

19. Right to registration by virtue of residence in dependent territory.

(1) A person shall be entitled, on an application for his registration as a British Dependent Territories citizen made within five years after commencement, to be registered as such a citizen if, had paragraphs 2 to 5 of Schedule 1 to the Immigration Act 1971 remained in force, he would (had he applied for it) have been, on the date of the application under this subsection, entitled under the said paragraph 2 to be registered in a dependent territory as a citizen of the United Kingdom and Colonies.

(2) In the case of any person who is a minor at commencement, the reference to five years after commencement in subsection (1) shall be treated as a reference to five years from the date on which be attains full age.

(3) lf in the special circumstances of any particular case the Secretary of State thinks fit, he may treat subsection (1) as if--

(a) the reference to five years after commencement were a reference to eight years after commencement; or

(b) where subsection (2) applies, as if the reference to five years from the date on which the person to whom the application relates attains full age were a reference to eight years from that date.

20. Registration by virtue of marriage.

(1) A woman who immediately before commencement was the wife of a citizen of the United Kingdom and Colonies shall be entitled, on an application for her registration as a British Dependent Territories citizen made within five years after commencement, to be registered as a British Dependent Territories citizen if--

(a) immediately before commencement she would (if she had applied for it) have been entitled under section 6(2) of the 1948 Act to be registered as a citizen of the United Kingdom and Colonies by virtue of her marriage to the man who was then her husband; and

(b) that man became a British Dependent Territories citizen at commencement and did not at any time in the period from commencement to the date of the application under this subsection cease to be such a citizen as a result of a declaration of renunciation; and

(c) she remained married to him throughout that period.

(2) On such an application for her registration as a British Dependent Territories citizen made within five years after commencement the Secretary of State may, if he thinks fit, cause a woman to be registered as such a citizen if--

(a) immediately before commencement she would (if she had applied for it) have been entitled under section 6(2) of the 1948 Act to be registered as a citizen of the United Kingdom and Colonies by virtue of having been married to a man to whom she is no longer married on the date of the application under this subsection; and

(b) that man became a British Dependent Territories citizen at commencement or would have done so but for his death.

(3) On an application for her registration as a British Dependent Territories citizen made within five years after commencement by a woman who at the time of the application is married, the Secretary of State shall, if he thinks fit, cause her to be registered as such a citizen if--

(a) immediately before commencement she would (if she had applied for it) have been entitled under section 6(2) of the 1948 Act to be registered as a citizen of the United Kingdom and Colonies by virtue of her being or having been married to the man who is her husband on the date of the application under this subsection: and

(b) that man either--

(i) became a British Dependent Territories citizen at commencement but has ceased to be such a citizen as a result of a declaration of renunciation; or

(ii) would have become a British Dependent Territories citizen at commencement but for his having ceased to be a citizen of the United Kingdom and Colonies as a result of a declaration of renunciation.

21. Right to registration by virtue of father's citizenship etc.

A person born in a foreign country within five years after commencement shall be entitled, on an application for his registration as a British Dependent Territories citizen made within the period of twelve months from the date of the birth, to be registered as such a citizen if--

(a) the requirements referred to in subsection (l)(a) of section 9 are fulfilled in the case of that person's father, subsection (2)(b) of that section being for the purposes of this paragraph read as if any reference to becoming or remaining a British citizen were a reference to becoming or, as the case may be, remaining a British Dependent Territories citizen; and

(b) had that person been born before commencement and become a citizen of the United Kingdom and Colonies as mentioned in subsection (l)(b) of that section, he would at commencement have become a British Dependent Territories citizen by virtue of section 23(1)(b).

22. Right to registration replacing right to resume citizenship of U.K. and Colonies.

(1) Subject to subsection (3), a person shall be entitled, on an application for his registration as a British Dependent Territories citizen, to be registered as such a citizen if immediately before commencement he would (had he applied for it) have been entitled under section 1(1) of the British Nationality Act 1964 (resumption of citizenship) to be registered as a citizen of the United Kingdom and Colonies by virtue of having an appropriate qualifying connection with a dependent territory or, if a woman, by virtue of having been married before commencement to a person who has, or would if living have, such a connection.

(2) On an application for his registration as a British Dependent Territories citizen made by a person of full capacity who had before commencement ceased to be a citizen of the United Kingdom and Colonies as a result of a declaration of renunciation, the Secretary of State may, if he thinks fit, cause that person to be registered as a British Dependent Territories citizen if that person--

(a) has an appropriate qualifying connection with a dependent territory; or

(b) if a woman, has been married to a person who has, or would if living have, such a connection.

(3) A person shall not be entitled to registration under subsection (1) on more than one occasion.

(4) For the purposes of this section a person shall be taken to have an appropriate qualifying connection with a dependent territory if he, his father or his father's father--

(a) was born in that territory; or

(b) is or was a person naturalised in that territory; or

(c) was registered as a citizen of the United Kingdom and Colonies in that territory; or

(d) became a British subject by reason of the annexation of any territory included in that territory.

Acquisition at commencement

23. Citizens of U.K. and Colonies who are to become British Dependent Territories citizens at commencement.

(1) A person shall at commencement become a British Dependent Territories citizen if--

(a) immediately before commencement he was a citizen of the United Kingdom and Colonies who had that citizenship by his birth, naturalisation or registration in a dependent territory; or

(b) he was immediately before commencement a citizen of the United Kingdom and Colonies, and was born to a parent--

(i) who at the time of the birth ("the material time") was a citizen of the United Kingdom and Colonies; and

(ii) who either had that citizenship at the material time by his birth, naturalisation or registration in a dependent territory or was himself born to a parent who at the time of that birth so had that citizenship; or

(c) being a woman, she was immediately before commencement a citizen of the United Kingdom and Colonies and either was then, or had at any time been, the wife of a man who under paragraph (a) or (b) becomes a British Dependent Territories citizen at commencement or would have done so but for his death.

(2) A person shall at commencement become a British Dependent Territories citizen if--

(a) immediately before commencement he was a citizen of the United Kingdom and Colonies by virtue of registration under section 7 of the 1948 Act (minor children) or section 1 of the British Nationality (No. 2) Act 1964 (stateless persons); and

(b) he was so registered otherwise than in a dependent territory; and

(c) his father or mother (in the case of a person registered under the said section 7) or his mother (in the case of a person registered under the said section 1)--

(i) was a citizen of the United Kingdom and Colonies at the time of the registration or would have been such a citizen at that time but for his or her death; and

(ii) becomes a British Dependent Territories citizen at commencement or would have done so but for his or her death.

(3) A person who--

(a) immediately before commencement was a citizen of the United Kingdom and Colonies by virtue of having been registered under subsection (6) of section 12 of the 1948 Act (British subjects before commencement of 1948 Act becoming citizens of United Kingdom and Colonies) otherwise than in a dependent territory; and

(b) was so registered on an application under that subsection based on the applicant's descent in the male line from a person ("the relevant person") possessing one of the qualifications specified in subsection (1) of that section (birth or naturalisation in the United Kingdom and Colonies, or acquisition of the status of British subject by reason of annexation of territory),

shall at commencement become a British Dependent Territories citizen if the relevant person--

(i) was born or naturalised in a dependent territory; or

(ii) became a British subject by reason of the annexation of any territory included in a dependent territory.

(4) A person who--

(a) immediately before commencement was a citizen of the United Kingdom and Colonies by virtue of registration under section 1 of the British Nationality Act 1964 (resumption of citizenship); and

(b) was so registered otherwise than in a dependent territory; and

(c)was so registered by virtue of having an appropriate qualifying connection with a dependent territory or, if a woman, by virtue of having been married to a person who at the time of the registration had or would, if then living, have had such a connection, shall at commencement become a British Dependent Territories citizen.

(5) For the purposes of subsection (4) a person shall be taken to have an appropriate qualifying connection with a dependent territory if he, his father or his father's father--

(a) was born in a dependent territory; or

(b) is or was a person naturalised in a dependent territory; or

(c) was registered as a citizen of the United Kingdom and Colonies in a dependent territory; or

(d) became a British subject by reason of the annexation of any territory included in a dependent territory.

(6) For the purposes of subsection (1)(b) references to citizenship of the United Kingdom and Colonies shall, in relation to a time before the year 1949, be construed as references to British nationality.

Renunciation and resumption

24. Renunciation and resumption.

The provisions of sections 12 and 13 shall apply in relation to British Dependent Territories citizens and British Dependent Territories citizenship as they apply in relation to British citizens and British citizenship.

Supplementary

25. Meaning of British Dependent Territories citizen " by descent ".

(1) For the purposes of this Act a British Dependent Territories citizen is such a citizen "by descent" if and only if--

(a) he is a person born outside the dependent territories citizen after commencement who is a British Dependent Territories citizen by virtue of section 16(1)(a) only or by virtue of registration under section 17(2) or 21; or

(b) subject to subsection (2), he is a person born outside the dependent territories before commencement who became a British Dependent Territories citizen at commencement and immediately before commencement--

(i) was a citizen of the United Kingdom and Colonies by virtue of section 5 of the 1948 Act (citizenship by descent); or

(ii) was a person who, under any provision of the British Nationality Acts 1948 to 1965, was deemed for the purposes of the proviso to section 5(1) of the 1948 Act to be a citizen of the United Kingdom and Colonies by descent only, or would have been so deemed if male; or

(c) he is a British Dependent Territories citizen by virtue of registration under section 17(1) and either--

(i) his father or mother was a British Dependent Territories citizen at the time of the birth; or

(ii) his father or mother was a citizen of the United Kingdom and Colonies at that time and became a British Dependent Territories citizen at commencement, or would have done so but for his or her death; or

(d) subject to subsection (2), he is a person born outside the dependent territories before commencement who became a British Dependent Territories citizen at commencement under section 23(1)(b) only; or

(e) subject to subsection (2), being a woman, she became a British Dependent Territories citizen at commencement under section 23(1)(c) only, and did so only by virtue of having been, immediately before commencement or earlier, the wife of a man who immediately after commencement was, or would but for his death have been, a British Dependent Territories citizen by descent by virtue of paragraph (b) or (d) of this subsection; or

(f)subject to subsection (2), being a woman born outside the dependent territories before commencement, she is a British Dependent Territories citizen as a result of her registration as such a citizen under section 20 by virtue of being or having been married to a man who at commencement became such a citizen by descent or would have done so but for his having died or ceased to be a citizen of the United Kingdom and Colonies as a result of a declaration of renunciation; or

(g) he is a British Dependent Territories citizen by virtue of registration under section 22 who, having before commencement ceased to be a citizen of the United Kingdom and Colonies as a result of a declaration of renunciation, would, if he had not so ceased, have at commencement become a British Dependent Territories citizen by descent by virtue of paragraph (b), (d) or (e);

(h) he is a British Dependent Territories citizen by virtue of registration under section 13 (as applied by section 24) who, immediately before he ceased to be a British Dependent Territories citizen as a result of a declaration of renunciation, was such a citizen by descent; or

(i)he is a person born in the United Kingdom after commencement who is a British Dependent Territories citizen by virtue of paragraph 1 of Schedule 2.

(2) A person born outside the dependent territories before commencement is not a British Dependent Territories citizen "by descent" by virtue of subsection (l)(b),(d),(e) or (f) if his father was at the time of his birth serving outside the dependent territories in service of a description mentioned in subsection (3), his recruitment for the service in question having taken place in a dependent territory.

(3) The descriptions of service referred to in subsection (2) are--

(a) Crown service under the government of a dependent territory; and

(b) service of any description at any time designated under section 16(3).

PART III - BRITISH OVERSEAS CITIZENSHIP

26. Citizens of U.K. and Colonies who are to become British Overseas citizens at commencement.

Any person who was a citizen of the United Kingdom and Colonies immediately before commencement and who does not at commencement become either a British citizen or a British Dependent Territories citizen shall at commencement become a British Overseas citizen.

27. Registration of minors.

(1) If while a person is a minor an application is made for his registration as a British Overseas citizen, the Secretary of State may, if he thinks fit, cause him to be registered as such a citizen.

(2) A person born in a foreign country within five years after commencement shall be entitled, on an application for his registration as a British Overseas citizen made within the period of twelve months from the date of the birth, to be registered as such a citizen if--

(a) the requirements referred to in subsection (1)(a) of section 9 are fulfilled in the case of that person's father, subsection (2)(b) of that section being for the purposes of this paragraph read as if--

(i) any reference to becoming a British citizen were a reference to becoming a citizen of any of the following descriptions, namely a British citizen, a British Dependent Territories citizen and a British Overseas citizen; and

(ii) the reference to remaining a British citizen throughout any period were a reference to being throughout that period a citizen of at least one of those descriptions (though not necessarily the same one) throughout that period; and

(b) had that person been born before commencement and become a citizen of the United Kingdom and Colonies as mentioned in subsection (1)(b) of that section, he would at commencement have become a British Overseas citizen by virtue of section 26.

28. Registration by virtue of marriage.

(1) A woman who immediately before commencement was the wife of a citizen of the United Kingdom and Colonies shall be entitled, on an application for her registration as a British Overseas citizen made within five years after commencement, to be registered as a British Overseas citizen if--

(a) immediately before commencement she would (if she had applied for it) have been entitled under section 6(2) of the 1948 Act to be registered as a citizen of the United Kingdom and Colonies by virtue of her marriage to the man who was then her husband; and

(b) that man became a British Overseas citizen at commencement and did not at any time in the period from commencement to the date of the application under this subsection cease to be such a citizen as a result of a declaration of renunciation; and

(c) she remained married to him throughout that period.

(2) On an application for her registration as a British Overseas citizen made within five years after commencement, the Secretary of State may, if he thinks fit, cause a woman to be registered as such a citizen if--

(a) immediately before commencement she would (if she had applied for it) have been entitled under section 6(2) of the 1948 Act to be registered as a citizen of the United Kingdom and Colonies by virtue of having been married to a man to whom she is no longer married on the date of the application under this subsection; and

(b) that man became a British Overseas citizen at commencement or would have done so but for his death.

(3) On an application for her registration as a British Overseas citizen made within five years after commencement by a woman who at the time of the application is married, the Secretary of State may, if he thinks fit, cause her to be registered as such a citizen if--

(a) immediately before commencement she would (if she had applied for it) have been entitled under section 6(2) of the 1948 Act to be registered as a citizen of the United Kingdom and Colonies by virtue of her being or having been married to the man who is her husband on the date of the application under this subsection; and

(b) that man either--

(i) became a British Overseas citizen at commencement but has ceased to be such a citizen as a result of a declaration of renunciation; or

(ii) would have become a British Overseas citizen at commencement but for his having ceased to be a citizen of the United Kingdom and Colonies as a result of a declaration of renunciation.

29. Renunciation.

The provisions of section 12 shall apply in relation to British Overseas citizens and British Overseas citizenship as they apply in relation to British citizens and British citizenship.

PART IV - BRITISH SUBJECTS

30. Continuance as British subjects of existing British subjects of certain descriptions.

A person who immediately before commencement was--

(a) a British subject without citizenship by virtue of section 13 or 16 of the 1948 Act; or

(b) a British subject by virtue of section 1 of the British Nationality Act 1965 (registration of alien women who have been married to British subjects of certain descriptions), shall as from commencement be a British subject by virtue of this section.

31. Continuance as British subjects of certain former citizens of Eire.

(1) A person is within this subsection if immediately before 1st January 1949 he was both a citizen of Eire and a British subject.

(2) A person within subsection (1) who immediately before commencement was a British subject by virtue of section 2 of the 1948 Act (continuance of certain citizens of Eire as British subjects) shall as from commencement be a British subject by virtue of this subsection.

(3) If at any time after commencement a citizen of the Republic of Ireland who is within subsection (1) but is not a British subject by virtue of subsection (2) gives notice in writing to the Secretary of State claiming to remain a British subject on either or both of the following grounds, namely--

(a) that he is or has been in Crown Service under the government of the United Kingdom; and

(b) that be has associations by way of descent, residence or otherwise with the United Kingdom or with any dependent territory, he shall as from that time be a British subject by virtue of this subsection.

(4) A person who is a British subject by virtue of subsection (2) or (3) shall be deemed to have remained a British subject from 1st January 1949 to the time when (whether already a British subject by virtue of the said section 2 or not) he became a British subject by virtue of that subsection.

32. Registration of minors.

If while a person is a minor an application is made for his registration as a British subject, the Secretary of State may, if he thinks fit, cause him to be registered as a British subject.

33. Registration of certain alien women entitled to registration as British subjects immediately before commencement.

A woman who immediately before commencement was the wife of a British subject shall be entitled, on an application for her registration as a British subject made within five years after commencement, to be registered as a British subject if--

(a) immediately before commencement she would (if she had applied for it) have been entitled under section 1 of the British Nationality Act 1965 to be registered as a British subject by virtue of her marriage to the man who was then her husband; and

(b) on the date of the application under this section that man is a British subject; and

(c)she remained married to him throughout the period from commencement to that date.

34. Renunciation.

The provisions of section 12 shall apply in relation to British subjects and the status of a British subject as they apply in relation to British citizens and British citizenship.

35. Circumstances in which British subjects are to lose that status.

A person who under this Act is a British subject otherwise than by virtue of section 31 shall cease to be such a subject if, in whatever circumstances and whether under this Act or otherwise, he acquires any other citizenship or nationality whatever.

PART V - MISCELLANEOUS AND SUPPLEMENTARY

36. Provisions for reducing statelessness.

The provisions of Schedule 2 shall have effect for the purpose of reducing statelessness.

37. Commonwealth citizenship.

(1) Every person who--

(a) under this Act is a British citizen, a British Dependent Territories citizen, a British Overseas citizen or a British subject; or

(b) under any enactment for the time being in force in any country mentioned in Schedule 3 is a citizen of that country, shall have the status of a Commonwealth citizen.

(2) Her Majesty may by Order in Council amend Schedule 3 by the alteration of any entry, or the insertion of any additional entry.

(3) Any Order in Council made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) After commencement no person shall have the status of a Commonwealth citizen or the status of a British subject otherwise than under this Act.

38. British protected persons.

(1) Her Majesty may by Order in Council made in relation to any territory which was at any time before commencement--

(a) a protectorate or protected state for the purposes of the 1948 Act; or

(b) a United Kingdom trust territory within the meaning of that Act, declare to be British protected persons for the purposes of this Act any class of persons who are connected with that territory and are not citizens of any country mentioned in Schedule 3 which consists of or includes that territory.

(2) Any Order in Council made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

39. Amendment of Immigration Act 1971.

(1) The Immigration Act 1971 shall be amended in accordance with the following provisions of this section.

(2) For section 2 (statement of right of abode) there shall be substituted--

2.--(1) A person is under this Act to have the right of abode in the United Kingdom if--

(a)he is a British citizen; or

(b)he is a Commonwealth citizen who--

(i) immediately before the commencement of the British Nationality Act 1981 was a Commonwealth citizen having the right of abode in the United Kingdom by virtue of section 2(1)(d) or section 2(2) of this Act as then in force; and

(ii) has not ceased to be a Commonwealth citizen in the meanwhile.

(2) In relation to Commonwealth citizens who have the right of abode in the United Kingdom by virtue of subsection (l)(b) above, this Act, except this section and sections 3(9) and (9A), 5(2) and 13(3), shall apply as if they were British citizens; and in this Act (except as aforesaid) "British citizen" shall be construed accordingly.".

(3) For section 3(9) (certificates of partiality) there shall be substituted--

"(9) A person within this subsection seeking to enter the United Kingdom and claiming to have the right of abode there shall prove that he has that right by means of such certificate of entitlement as may be specified in the immigration rules, unless--

(a) he claims to be a British citizen and produces (or is present when there is produced) a United Kingdom passport describing him as such a citizen or a United Kingdom passport describing him as a citizen of the United Kingdom and Colonies having the right of abode in the United Kingdom; or

(b) in the case of a woman falling within subsection (9A)(b) below who claims to be a British citizen as there mentioned by virtue of section 2(2) of this Act as in force immediately before the commencement of the British Nationality Act 1981, she shows that immediately before that commencement she--

(i) was a citizen of the United Kingdom and Colonies; and

(ii) had the right of abode in the United Kingdom by virtue of section 2(2) of this Act, as then in force, apart from any reference therein to section 2(1)(c) or (d) as then in force.

(9A) A person is within subsection (9) above if--

(a) he is not a British citizen; or

(b) he claims to be a British citizen by virtue of section 11(1) of the British Nationality Act 1981 on the ground that immediately before the commencement of that Act he had the right of abode in the United Kingdom by virtue of section 2(1)(c) or section 2(2) of this Act, as then in force.".

(4) In section 8 (exceptions for special cases), after subsection (5) there shall be inserted--

"(5A) An order under subsection (2) above may, as regards any person or class of persons to whom it applies, provide for that person or class to be in specified circumstances regarded (notwithstanding the order) as settled in the United Kingdom for the purposes of section 1(1) of the British Nationality Act 1981.".

(5) For so much of section 13(3) as precedes the words "and a person" (restriction of right of appeal against decision that leave to enter the United Kingdom is required) there shall be substituted--

" (3) A person within section 3(9) above who does not hold a certificate of entitlement shall not be entitled to appeal on the ground that he has the right of abode in the United Kingdom against a decision that he requires leave to enter the United Kingdom unless--

(a) he claims to be a British citizen and produces (or is present when there is produced) a United Kingdom passport describing him as such a citizen or a United Kingdom passport describing him as a citizen of the United Kingdom and Colonies having the right of abode in the United Kingdom; or

(b) in the case of such a woman as is mentioned in paragraph (b) of section 3(9) above, she shows that immediately before the commencement of the British nationality Act 1981 she satisfied the conditions specified in sub-paragraphs (i) and (ii) of that paragraph;".

(6) Schedule 4 (which contains further amendments of the Immigration Act 1971) shall have effect.

(7) In section 90 of the Mental Health Act l959 and section 82 of the Mental Health (Scotland) Act 1960 (removal of nonpatrial in-patients to places outside the United Kingdom), for the words from "any patient" to "197l and" (which were substituted for "any person being an alien" by section 30(1) of the Immigration Act 1971) there shall be substituted "any patient who is neither a British citizen nor a Commonwealth citizen having the right of abode in the United Kingdom by virtue of section 2(1)(b) of the Immigration Act 1971, being a patient".

(8) A certificate of partiality issued under the Immigration Act 1971 and in force immediately before commencement shall have effect after commencement as if it were a certificate of entitlement issued under that Act as amended by this section, unless at commencement the holder ceases to have the right of abode in the United Kingdom.

40. Deprivation of citizenship.

(1) Subject to the provisions of this section, the Secretary of State may by order deprive any British citizen to whom this subsection applies of his British citizenship if the Secretary of State is satisfied that the registration or certificate of naturalisation by virtue of which he is such a citizen was obtained by means of fraud, false representation or the concealment of any material fact.

(2) Subsection (1) applies to any British citizen who--

(a) became a British citizen after commencement by virtue of--

(i) his registration as a British citizen under any provision of this Act; or

(ii) a certificate of naturalisation granted to him under section 6; or

(b) being immediately before commencement a citizen of the United Kingdom and Colonies by virtue of registration as such a citizen under any provision of the British Nationality Acts 1948 to 1964, became at commencement a British citizen; or

(c) at any time before commencement became a British subject (within the meaning of that expression at that time), or a citizen of Eire or of the Republic of Ireland, by virtue of a certificate of naturalisation granted to him or in which his name was included.

(3) Subject to the provisions of this section, the Secretary of State may by order deprive any British citizen to whom this subsection applies of his British citizenship if the Secretary of State is satisfied that that citizen--

(a) has shown himself by act or speech to be disloyal or disaffected towards Her Majesty; or

(b) has, during any war in which Her Majesty was engaged, unlawfully traded or communicated with an enemy or been engaged in or associated with any business that was to his knowledge carried on in such a manner as to assist an enemy in that war; or

(c) has, within the period of five years from the relevant date, been sentenced in any country to imprisonment for a term of not less than twelve months.

(4) Subsection (3) applies to any British citizen who falls within paragraph (a) or (c) of subsection (2); and in subsection (3) "the relevant date", in relation to a British citizen to whom subsection (3) applies, means the date of the registration by virtue of which he is such a citizen or, as the case may be, the date of the grant of the certificate of naturalisation by virtue of which he is such a citizen.

(5) The Secretary of State--

(a) shall not deprive a person of British citizenship under this section unless he is satisfied that it is not conducive to the public good that that person should continue to be a British citizen; and

(b) shall not deprive a person of British citizenship under subsection (3) on the ground mentioned in paragraph (c) of that subsection if it appears to him that that person would thereupon become stateless.

(6) Before making an order under this section the Secretary of State shall give the person against whom the order is proposed to be made notice in writing informing him of the ground or grounds on which it is proposed to be made and of his right to an inquiry under this section.

(7) If the person against whom the order is proposed to be made applies in the prescribed manner for an inquiry, the Secretary of State shall, and in any other case the Secretary of State may, refer the case to a committee of inquiry consisting of a chairman, being a person possessing judicial experience, appointed by the Secretary of State and of such other members appointed by the Secretary of State as he thinks proper.

(8) The Secretary of State may make rules for the practice and procedure to be followed in connection with references under subsection (7) to a committee of inquiry; and such rules may, in particular, provide for conferring on any such committee any powers, rights or privileges of any court, and for enabling any powers so conferred to be exercised by one or more members of the committee.

(9) The power of the Secretary of State to make rules under subsection (8) shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(10) The preceding provisions of this section shall apply in relation to British Dependent Territories citizens and British Dependent Territories citizenship as they apply in relation to British citizens and British citizenship, but as if in subsection (2)(a)(ii) the reference to section 6 were a reference to section 18.

41. Regulations and Orders in Council.

(1) The Secretary of State may by regulations make provision generally for carrying into effect the purposes of this Act, and in particular provision--

(a) for prescribing anything which under this Act is to be prescribed;

(b) for prescribing the manner in which, and the persons to and by whom, applications for registration or naturalisation under any provision of this Act may or must be made;

(c) for the registration of anything required or authorised by or under this Act to be registered;

(d) for the administration and taking of oaths of allegiance under this Act, as to the time within which oaths of allegiance must be taken, and for the registration of oaths of allegiance;

(e) for the giving of any notice required or authorised to be given to any person under this Act;

(f)for the cancellation of the registration of, and the cancellation and amendment of certificates of naturalisation relating to, persons deprived of citizenship under this Act, and for requiring such certificates to be delivered up for those purposes;

(g) for the births and deaths of persons of any class or description born or dying in a country mentioned in Schedule 3 to be registered there by the High Commissioner for Her Majesty's government in the United Kingdom or by members of his official staff;

(h) for the births and deaths of persons of any class or description born or dying in a foreign country to be registered there by consular officers or other officers in the service of Her Majesty's government in the United Kingdom;

(i)for enabling the births and deaths of British citizens, British Dependent Territories citizens, British Overseas citizens, British subjects and British protected persons born or dying in any country in which Her Majesty's government in the United Kingdom has for the time being no diplomatic or consular representatives to be registered--

(i) by persons serving in the diplomatic, consular or other foreign service of any country which, by arrangement with Her Majesty's government in the United Kingdom, has undertaken to represent that government's interest in that country, or

(ii) by a person authorised in that behalf by the Secretary of State.

(2) The Secretary of State may with the consent of the Treasury by regulations make provision for the imposition, recovery and application of fees in connection with any of the following matters, namely--

(a) any application made to the Secretary of State under this Act;

(b) the effecting in the United Kingdom of any registration authorised by or under this Act;

(c) the making in the United Kingdom of any declaration, the grant there of any certificate, or the taking there of any oath of allegiance authorised to be made, granted or taken by or under this Act;

(d) the supplying in the United Kingdom of a certified or other copy of any notice, certificate, order, declaration or entry given, granted or made under or by virtue of this Act or any of the former nationality Acts;

(e) the carrying out of searches in or of any registers or other records, being registers or records held in the United Kingdom by or on behalf of the Secretary of State, which are or may be relevant for the purpose of determining the status of any person under this Act or any of the former nationality Acts;

(f)the supplying by or on behalf of the Secretary of State of an opinion in writing concerning the status of any person under this Act or any of the former nationality Acts, or a certified or other copy of such an opinion.

(3) Regulations under subsection (1) or (2) may make different provision for different circumstances; and--

(a) regulations under subsection (1) may provide for the extension of any time-limit for the taking of oaths of allegiance; and

(b) regulations under subsection (2) may provide for any fees imposed by the regulations to be payable at such times as may be prescribed.

(4) Her Majesty may by Order in Council provide for any Act or Northern Ireland legislation to which this subsection applies to apply, with such adaptations and modifications as appear to Her necessary, to births and deaths registered--

(a) in accordance with regulations made in pursuance of subsection (1)(g) to (i) of this section or subsection (1)(f)9 and (g) of section 29 of the 1948 Act; or

(b) at a consulate of Her Majesty in accordance with regulations made under the British Nationality and Status of Aliens Acts 1914 to 1943 or in accordance with instructions of the Secretary of State; or

(c) by a High Commissioner for Her Majesty's government in the United Kingdom or members of his official staff in accordance with instructions of the Secretary of State;

and an Order in Council under this subsection may exclude, in relation to births and deaths so registered, any of the provisions of section 45.

(5) Subsection (4) applies to--

(a) the Births and Deaths Registration Act 1953, the Registration Service Act 1953 and the Registration of Births, Deaths and Marriages (Scotland) Act 1965; and

(b) so much of any Northem lreland legislation for the time being in force (whether passed or made before or after commencement) as relates to the registration of births and deaths.

(6) The power to make regulations under subsection (1) or (2) shall be exercisable by statutory instrument.

(7) Any regulations or Order in Council made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

42. Registration and naturalisation: general provisions.

(1) Subject to subsection (2)--

(a) a person shall not be registered under any provision of this Act as a citizen of any description or as a British subject; and

(b) a certificate of naturalisation shall not be granted to a person under any provision of this Act,

unless--

(i) any fee payable by virtue of this Act in connection with the registration or, as the case may be, the grant of the certificate has been paid: and

(ii) the person concerned has within the prescribed time taken an oath of allegiance in the form indicated in Schedule 5.

(2) So much of subsection (1) as requires the taking of an oath of allegiance shall not apply to a person who--

(a) is not of full age; or

(b) is already a British citizen, a British Dependent Territories citizen, a British Overseas citizen, a British subject, or a citizen of any country of which Her Majesty is Queen.

(3) Any provision of this Act which provides for a person to be entitled to registration as a citizen of any description or as a British subject shall have effect subject to the preceding provisions of this section.

(4) A person registered under any provision of this Act as a British citizen, or as a British Dependent Territories citizen or as a British Overseas citizen, or as a British subject, shall be a citizen of that description or, as the case may be, a British subject as from the date on which he is so registered.

(5) A person to whom a certificate of naturalisation as a British citizen or as a British Dependent Territories citizen is granted under any provision of this Act shall be a citizen of that description as from the date on which the certificate is granted.

43. Exercise of functions of Secretary of State by Governors and others.

(1) Subject to subsection (3), the Secretary of State may, in the case of any of his functions under this Act with respect to any of the matters mentioned in subsection (2), make arrangements for that function to be exercised--

(a) in any of the Islands, by the Lieutenant-Governor in cases concerning British citizens or British citizenship;

(b) in any dependent territory which is for the time being a colony, by the Governor in cases concerning British Dependent Territories citizens or British Dependent Territories citizenship.

(2) The said matters are--

(a) registration and naturalisation; and

(b) renunciation, resumption and deprivation of British citizenship or British Dependent Territories citizenship.

(3) Nothing in this section applies in the case of any power to make regulations or rules conferred on the Secretary of State by this Act.

(4) Arrangements under subsection (1) may provide for any such function as is there mentioned to be exercisable only with the approval of the Secretary of State.

44. Decisions involving exercise of discretion.

(1) Any discretion vested by or under this Act in the Secretary of State, a Governor or a Lieutenant-Governor shall be exercised without regard to the race, colour or religion of any person who may be affected by its exercise.

(2) The Secretary of State, a Governor or a Lieutenant Governor, as the case may be, shall not be required to assign any reason for the grant or refusal of any application under this Act the decision on which is at his discretion; and the decision of the Secretary of State or a Governor or Lieutenant-Governor on any such application shall not be subject to appeal to, or review in, any court.

(3) Nothing in this section affects the jurisdiction of any court to entertain proceedings of any description concerning the rights of any person under any provision of this Act.

45. Evidence.

(1) Every document purporting to be a notice, certificate, order or declaration, or an entry in a register, or a subscription of an oath of allegiance, given, granted or made under this Act or any of the former nationality Acts shall be received in evidence and shall, unless the contrary is proved, be deemed to have been given, granted or made by or on behalf of the person by whom or on whose behalf it purports to have been given, granted or made.

(2) Prima facie evidence of any such document may be given by the production of a document purporting to be certified as a true copy of it by such person and in such manner as may be prescribed.

(3) Any entry in a register made under this Act or any of the former nationality Acts shall be received as evidence (and in Scotland as sufficient evidence) of the matters stated in the entry.

(4) A certificate given by or on behalf of the Secretary of State that a person was at any time in Crown service under the government of the United Kingdom or that a person's recruitment for such service took place in the United Kingdom shall, for the purposes of this Act, be conclusive evidence of that fact.

46. Offences and proceedings.

(1) Any person who for the purpose of procuring anything to be done or not to be done under this Act--

(a) makes any statement which he knows to be false in a material particular; or

(b) recklessly makes any statement which is false in a material particular,

shall be liable on summary conviction in the United Kingdom to imprisonment for a term not exceeding three months or to a fine not exceeding £1000, or both.

(2) Any person who without reasonable excuse fails to comply with any requirement imposed on him by regulations made under this Act with respect to the delivering up of certificates of naturalisation shall be liable on summary conviction in the United Kingdom to a fine not exceeding £500.

(3) In the case of an offence under subsection (l)--

(a) any information relating to the offence may in England and Wales be tried by a magistrates' court if it is laid within six months after the commission of the offence, or if it is laid within three years after the commission of the offence and not more than two months after the date certified by a chief officer of police to be the date on which evidence sufficient to justify proceedings came to the notice of an officer of his police force; and

(b) summary proceedings for the offence may in Scotland be commenced within six months after the commission of the offence, or within three years after the commission of the offence and not more than two months after the date on which evidence sufficient in the opinion of the Lord Advocate to justify proceedings came to his knowledge; and

(c) a complaint charging the commission of the offence may in Northern Ireland be heard and determined by a magistrates' court if it is made within six months after the commission of the offence, or if it is made within three years after the commission of the offence and not more than two months after the date certified by an officer of police not below the rank of assistant chief constable to be the date on which evidence sufficient to justify the proceedings came to the notice of the police in Northern Ireland.

(4) For the purposes of subsection (3)(b) proceedings shall be deemed to be commenced on the date on which a warrant to apprehend or to cite the accused is granted, if such warrant is executed without undue delay; and a certificate of the Lord Advocate as to the date on which such evidence as is mentioned in subsection (3)(b) came to his knowledge shall be conclusive evidence.

(5) For the purposes of the trial of a person for an offence under subsection (1) or (2), the offence shall be deemed to have been committed either at the place at which it actually was committed or at any place at which he may be.

(6) In their application to the Bailiwick of Jersey subsections (1) and (2) shall have effect with the omission of the words "on summary conviction".

47. Legitimated children.

(1) A person born out of wedlock and legitimated by the subsequent marriage of his parents shall, as from the date of the marriage, be treated for the purposes of this Act as if he had been born legitimate.

(2) A person shall be deemed for the purposes of this section to have been legitimated by the subsequent marriage of his parents if by the law of the place in which his father was domiciled at the time of the marriage the marriage operated immediately or subsequently to legitimate him, and not otherwise.

48. Posthumous children.

Any reference in this Act to the status or description of the father or mother of a person at the time of that person's birth shall, in relation to a person born after the death of his father or mother, be construed as a reference to the status or description of the parent in question at the time of that parent's death; and where that death occurred before, and the birth occurs after, commencement, the status or description which would have been applicable to the father or mother had he or she died after commencement shall be deemed to be the status or description applicable to him or her at the time of his or her death.

49. Registration and naturalisation under British Nationality Acts 1948 to 1965.

(1) After the passing of this Act--

(a) a person shall not be registered under any provision of the existing nationality Acts as a citizen of the United Kingdom and Colonies or a British subject; and

(b) a certificate of naturalisation shall not be granted to a person under any provision of those Acts,

unless--

(i) any fee payable by virtue of those Acts in connection with the registration or, as the case may be, the grant of the certificate has been paid; and

(ii) where applicable, the person in question has taken the oath of allegiance which, but for this section, he would have been required by those Acts to take in connection with the registration or, as the case may be, the grant to him of the certificate.

(2) Any provision of the existing nationality Acts which provides for a person to be entitled to registration as a citizen of the United Kingdom and Colonies or a British subject shall have effect subject to subsection (1).

(3) A person registered after the passing of this Act under any provision of the existing nationality Acts as a citizen of the United Kingdom and Colonies or a British subject shall be such a citizen by registration or, as the case may be, a British subject by virtue of that provision as from the date on which he is so registered; and a person to whom a certificate of naturalisation is after the passing of this Act granted under any such provision shall be a citizen of the United Kingdom and Colonies by naturalisation as from the date on which the certificate is granted.

(4) The following provisions of the existing nationality Acts, namely--

(a) in the 1948 Act, section 9 and, in section 10(1), the words from "and the person" onwards; and

(b) section 1(2) of the British Nationality Act 1965,

shall not apply in relation to any application for registration or for a certificate of naturalisation under any provision of the existing nationality Acts, whenever made, unless the person to whom that application relates has been registered or, as the case may be, granted such a certificate before the passing of this Act.

(5) In this section "the existing nationality Acts" means the British Nationality Acts 1948 to 1965.

50. Interpretation.

(1) In this Act, unless the context otherwise requires--

" the 1948 Act " means the British Nationality Act 1948;

"alien" means a person who is neither a Commonwealth citizen nor a British protected person nor a citizen of the Republic of Ireland;

" association " means an unincorporated body of persons;

"British protected person" means a person who is a member of any class of persons declared to be British protected persons by an Order in Council for the time being in force under section 38 or is a British protected person by virtue of the Solomon Islands Act 1978;

"commencement", without more, means the commencement of this Act;

"Commonwealth citizen" means a person who has the status of a Commonwealth citizen under this Act;

"company" means a body corporate;

" Crown service" means the service of the Crown, whether within Her Majesty's dominions or elsewhere;

"Crown service under the government of the United Kingdom" means Crown service under Her Majesty's government in the United Kingdom or under Her Majesty's government in Northern Ireland;

"dependent territory" means a territory mentioned in Schedule 6;

"enactment" includes an enactment comprised in Northern Ireland legislation;

"foreign country" means a country other than the United Kingdom, a dependent territory, a country mentioned in Schedule 3 and the Republic of Ireland;

"the former nationality Acts" means--

(a) the British Nationality Acts 1948 to 1965;

(b) the British Nationality and Status of Aliens Acts 1914 to 1943; and

(c)any Act repealed by the said Acts of 1914 to 1943 or by the Naturalization Act 1870;

"Governor", in relation to a dependent territory, includes the officer for the time being administering the government of that territory;

"High Commissioner" includes an acting High Commissioner;

"immigration laws"--

(a) in relation to the United Kingdom, means the Immigration Act 1971 and any law for purposes similar to that Act which is for the time being or has at any time been in force in any part of the United Kingdom;

(b) in relation to a dependent territory, means any law for purposes similar to the Immigration Act 1971 which is for the time being or has at any time been in force in that territory;

"the Islands" means the Channel Islands and the Isle of Man;

"minor" means a person who has not attained the age of eighteen years;

"prescribed" means prescribed by regulations made under section 41;

"settled" shall be construed in accordance with subsections (2) to (4);

"ship" includes a hovercraft;

"statutory provision" means any enactment or any provision contained in--

(a) subordinate legislation (as defined in section 21(1) of the Interpretation Act 1978); or

(b) any instrument of a legislative character made under any Northern Ireland legislation;

"the United Kingdom" means Great Britain, Northern Ireland and the Islands, taken together;

"United Kingdom consulate" means the office of a consular officer of Her Majesty's government in the United Kingdom where a register of births is kept or, where there is no such office, such office as may be prescribed.

(2) Subject to subsection (3), references in this Act to a person being settled in the United Kingdom or in a dependent territory are references to his being ordinarily resident in the United Kingdom or, as the case may be, in that territory without being subject under the immigration laws to any restriction on the period for which he may remain.

(3) Subject to subsection (4), a person is not to be regarded for the purposes of this Act--

(a) as having been settled in the United Kingdom at any time when he was entitled to an exemption under section 8(3) or (4)(b) or (c) of the Immigration Act 1971 or, unless the order under section 8(2) of that Act conferring the exemption in question provides otherwise, to an exemption under the said section 8(2), or to any corresponding exemption under the former immigration laws; or

(b) as having been settled in a dependent territory at any time when he was under the immigration laws entitled to any exemption corresponding to any such exemption as is mentioned in paragraph (a) (that paragraph being for the purposes of this paragraph read as if the words from "unless" to "otherwise" were omitted).

(4) A person to whom a child is born in the United Kingdom after commencement is to be regarded for the purposes of section 1(1) as being settled in the United Kingdom at the time of the birth if--

(a) he would fall to be so regarded but for his being at that time entitled to an exemption under section 8(3) of the Immigration Act 1971; and

(b) immediately before he became entitled to that exemption he was settled in the United Kingdom; and

(c) he was ordinarily resident in the United Kingdom from the time when he became entitled to that exemption to the time of the birth;

but this subsection shall not apply if at the time of the birth the child's father or mother is a person on whom any immunity from jurisdiction is conferred by or under the Diplomatic Privileges Act 1964.

(5) It is hereby declared that a person is not to be treated for the purpose of any provision of this Act as ordinarily resident in the United Kingdom or in a dependent territory at a time when he is in the United Kingdom or, as the case may be, in that territory in breach of the immigration laws.

(6) For the purposes of this Act--

(a) a person shall be taken to have been naturalised in the United Kingdom if, but only if, he is--

(i) a person to whom a certificate of naturalisation was granted under any of the former nationality Acts by the Secretary of State or, in any of the Islands, by the Lieutenant-Governor; or

(ii) a person who by virtue of section 27(2) of the British Nationality and Status of Aliens Act 1914 was deemed to be a person to whom a certificate of naturalisation was granted, if the certificate of naturalisation in which his name was included was granted by the Secretary of State; or

(iii) a person who by virtue of section 10(5) of the Naturalization Act 1870 was deemed to be a naturalised British subject by reason of his residence with his father or mother;

(b) a person shall be taken to have been naturalised in a dependent territory if, but only if, he is--

(i) a person to whom a certificate of naturalisation was granted under any of the former nationality Acts by the Governor of that territory or by a person for the time being specified in a direction given in relation to that territory under paragraph 4 of Schedule 3 to the West Indies Act 1967 or for the time being holding an office so specified; or

(ii) a person who by virtue of the said section 27(2) was deemed to be a person to whom a certificate of naturalisation was granted, if the certificate of naturalisation in which his name was included was granted by the Governor of that territory; or

(iii) a person who by the law in force in that territory enjoyed the privileges of naturalisation within that territory only;

and references in this Act to naturalisation in the United Kingdom or in a dependent territory shall be construed accordingly.

(7) For the purposes of this Act a person born outside the United Kingdom aboard a ship or aircraft--

(a) shall be deemed to have been born in the United Kingdom if--

(i) at the time of the birth his father or mother was a British citizen; or

(ii) he would, but for this subsection, have been born stateless, and (in either case) at the time of the birth the ship or aircraft was registered in the United Kingdom or was an unregistered ship or aircraft of the government of the United Kingdom; but

(b) subject to paragraph (a), is to be regarded as born outside the United Kingdom, whoever was the owner of the ship or aircraft at that time, and irrespective of whether or where it was then registered.

The preceding provisions of this subsection shall apply in relation to each dependent territory with the substitution for the references to the United Kingdom and to a British citizen of references to that territory and to a British Dependent Territories citizen respectively.

(8) For the purposes of this Act an application under any provision thereof shall be taken to have been made at the time of its receipt by a person authorised to receive it on behalf of the person to whom it is made; and references in this Act to the date of such an application are references to the date of its receipt by a person so authorised.

(9) For the purposes of this Act--

(a) the relationship of mother and child shall be taken to exist between a woman and any child (legitimate or illegitimate) born to her; but

(b) subject to section 47, the relationship of father and child shall be taken to exist only between a man and any legitimate child born to him;

and the expressions "mother", "father", "parent", "child" and "descended" shall be construed accordingly.

(10) For the purposes of this Act--

(a) a period "from" or "to" a specified date includes that date; and

(b) any reference to a day on which a person was absent from the United Kingdom or from a dependent territory or from the dependent territories is a reference to a day for the whole of which he was so absent.

(11) For the purposes of this Act--

(a) a person is of full age if he has attained the age of eighteen years, and of full capacity if he is not of unsound mind; and

(b) a person attains any particular age at the beginning of the relevant anniversary of the date of his birth.

(12) References in this Act to any country mentioned in Schedule 3 include references to the dependencies of that country.

(13) Her Majesty may by Order in Council subject to annulment in pursuance of a resolution of either House of Parliament amend Schedule 6 in any of the following circumstances, namely--

(a) where the name of any territory mentioned in it is altered; or

(b) where any territory mentioned in it is divided into two or more territories.

51. Meaning of certain expressions relating to nationality in other Acts and instruments.

(1) Without prejudice to subsection (3)(c), in any enactment or instrument whatever passed or made before commencement "British subject" and "Commonwealth citizen" have the same meaning, that is--

(a) in relation to any time before commencement--

(i) a person who under the 1948 Act was at that time a citizen of the United Kingdom and Colonies or who, under any enactment then in force in a country mentioned in section 1(3) of that Act as then in force, was at that time a citizen of that country; and

(ii) any other person who had at that time the status of a British subject under that Act or any other enactment then in force;

(b) in relation to any time after commencement, a person who has the status of a Commonwealth citizen under this Act.

(2) In any enactment or instrument whatever passed or made after commencement--

"British subject" means a person who has the status of a British subject under this Act;

" Commonwealth citizen" means a person who has the status of a Commonwealth citizen under this Act.

(3) In any enactment or instrument whatever passed or made before commencement--

(a) "citizen of the United Kingdom and Colonies"--

(i) in relation to any time before commencement. means a person who under the 1948 Act was at that time a citizen of the United Kingdom and Colonies;

(ii) in relation to any time after commencement, means a person who under this Act is a British citizen, a British Dependent Territories citizen or a British Overseas citizen;

(b) any reference to ceasing to be a citizen of the United Kingdom and Colonies shall, in relation to any time after commencement, be construed as a reference to becoming a person who is neither a British citizen nor a British Dependent Territories citizen nor a British Overseas citizen;

(c) any reference to a person who is a British subject (or a British subject without citizenship) by virtue of section 2, 13, or 16 of the 1948 Act or by virtue of, or of section 1 of, the British Nationality Act 1965 shall, in relation to any time after commencement, be construed as a reference to a person who under this Act is a British subject.

(4) In any statutory provision, whether passed or made before or after commencement, and in any other instrument whatever made after commencement "alien", in relation to any time after commencement, means a person who is neither a Commonwealth citizen nor a British protected person nor a citizen of the Republic of Ireland.

(5) The preceding provisions of this section--

(a) shall not apply in cases where the context otherwise requires; and

(b) shall not apply to this Act or to any instrument made under this Act.

52. Consequential amendments, transitional provisions, repeals and savings.

(1) In any enactment or instrument whatever passed or made before commencement, for any reference to section 1(3) of the 1948 Act (list of countries whose citizens are Commonwealth citizens under that Act) there shall be substituted a reference to Schedule 3 to this Act, unless the context makes that substitution inappropriate.

(2) Subject to subsection (3), Her Majesty may by Order in Council make such consequential modifications of--

(a) any enactment of the Parliament of the United Kingdom passed before commencement;

(b) any provision contained in any Northern lreland legislation passed or made before commencement; or

(c) any instrument made before commencement under any such enactment or provision,

as appear to Her necessary or expedient for preserving after commencement the substantive effect of that enactment, provision or instrument.

(3) Subsection (2) shall not apply in relation to--

(a) the Immigration Act 1971; or

(b) any provision of this Act not contained in Schedule 7.

(4) Any Order in Council made under subsection (2) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) Any provision made by Order in Council under subsection (2) after commencement may be made with retrospective effect as from commencement or any later date.

(6) The enactments specified in Schedule 7 shall have effect subject to the amendments there specified, being amendments consequential on the provisions of this Act.

(7) This Act shall have effect subject to the transitional provisions contained in Schedule 8.

(8) The enactments mentioned in Schedule 9 are hereby repealed to the extent specified in the third column of that Schedule.

(9) Without prejudice to section 51, nothing in this Act affects the operation, in relation to any time before commencement, of any statutory provision passed or made before commencement.

(10) Nothing in this Act shall be taken as prejudicing the operation of sections 16 and 17 of the Interpretation Act 1978 (which relate to the effect of repeals).

(11) In this section "modifications" includes additions, omissions and alterations.

53. Citation, commencement and extent.

(1) This Act may be cited as the British Nationality Act 1981.

(2) This Act, except the provisions mentioned in subsection (3), shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and references to the commencement of this Act shall be construed as references to the beginning of that day.

(3) Section 49 and this section shall come into force on the passing of this Act.

(4) This Act extends to Northern Ireland.

(5) The provisions of this Act, except those mentioned in subsection (7), extend to the Islands and all dependent territories and section 36 of the Immigration Act 1971 (power to extend provisions of that Act to Islands) shall apply to the said excepted provisions as if they were provisions of that Act.

(6) For the purposes of section 3(3) of the West Indies Act 1967 it is hereby declared that the provisions of this Act, except those mentioned in subsection (7), extend to all associated states.

(7) The provisions referred to in subsections (5) and (6) are--

(a) section 39 and Schedule 4;

(b) section 52(7) and Schedule 8 so far as they relate to the Immigration Act 1971; and

(c) section 52(8) and Schedule 9 so far as they relate to provisions of the Immigration Act 1971 other than Schedule 1.

SCHEDULES

SCHEDULE 1 - REQUIREMENTS FOR NATURALISATION

Naturalisation as a British citizen under section 6(1)

1.-(1) Subject to paragraph 2, the requirements for naturalisation as a British citizen under section 6(1) are, in the case of any person who applies for it--

(a) the requirements specified in sub-paragraph (2) of this paragraph, or the alternative requirement specified in subparagraph (3) of this paragraph; and

(b) that he is of good character; and

(c) that he has a sufficient knowledge of the English, Welsh or Scottish Gaelic language; and

(d) that either--

(i) his intentions are such that, in the event of a certificate of naturalisation as a British citizen being granted to him, his home or (if he has more than one) his principal home will be in the United Kingdom; or

(ii) he intends, in the event of such a certificate being granted to him, to enter into, or continue in Crown service under the government of the United Kingdom, or service under an international organisation of which the United Kingdom or Her Majesty's government therein is a member, or service in the employment of a company or association established in the United Kingdom.

(2) The requirements referred to in sub-paragraph (1)(a) of this paragraph are--

(a) that the applicant was in the United Kingdom at the beginning of the period of five years ending with the date of the application, and that the number of days on which he was absent from the United Kingdom in that period does not exceed 450; and

(b) that the number of days on which he was absent from the United Kingdom in the period of twelve months so ending does not exceed 90; and

(c) that he was not at any time in the period of twelve months so ending subject under the immigration laws to any restriction on the period for which he might remain in the United Kingdom; and

(d) that he was not at any time in the period of five years so ending in the United Kingdom in breach of the immigration laws.

(3) The alternative requirement referred to in sub-paragraph (1)(a) of this paragraph is that on the date of the application he is serving outside the United Kingdom in Crown service under the government of the United Kingdom.

2. If in the special circumstances of any particular case the Secretary of State thinks fit, he may for the purposes of paragraph 1 do all or any of the following things, namely--

(a) treat the applicant as fulfilling the requirement specified in paragraph 1(2)(a) or paragraph 1(2)(b), or both, although the number of days on which he was absent from the United Kingdom in the period there mentioned exceeds the number there mentioned;

(b) treat the applicant as having been in the United Kingdom for the whole or any part of any period during which he would otherwise fall to be treated under paragraph 9(1) as having been absent;

(c) disregard any such restriction as is mentioned in paragraph 1(2)(c), not being a restriction to which the applicant was subject on the date of the application;

(d) treat the applicant as fulfilling the requirement specified in paragraph 1(2)(d) although he was in the United Kingdom in breach of the immigration laws in the period there mentioned;

(e) waive the need to fulfil the requirement specified in paragraph 1(1)(c) if he considers that because of the applicant's age or physical or mental condition it would be unreasonable to expect him to fulfil it.

Naturalisation as a British citizen under section 6(2)

3. Subject to paragraph 4, the requirements for naturalisation as a British citizen under section 6(2) are, in the case of any person who applies for it--

(a) that he was in the United Kingdom at the beginning of the period of three years ending with the date of the application, and that the number of days on which he was absent from the United Kingdom in that period does not exceed 270; and

(b) that the number of days on which he was absent from the United Kingdom in the period of twelve months so ending does not exceed 90; and

(c) that on the date of the application he was not subject under the immigration laws to any restriction on the period for which he might remain in the United Kingdom; and

(d) that he was not at any time in the period of three years ending with the date of the application in the United Kingdom in breach of the immigration laws; and

(e) the requirement specified in paragraph 1(1)(b).

4. Paragraph 2 shall apply in relation to paragraph 3 with the following modifications, namely--

(a) the reference to the purposes of paragraph 1 shall be read as a reference to the purposes of paragraph 3;

(b) the references to paragraphs 1(2)(a), 1(2)(b) and 1(2)(d) shall be read as references to paragraphs 3(a), 3(b) and 3(d) respectively;

(c) paragraph 2(c) and (e) shall be omitted; and

(d) after paragraph (e) there shall be added--

"(f) waive the need to fulfil all or any of the requirements specified in paragraph 3(a) and (b) if on the date of the application the person to whom the applicant is married is serving in service to which section 2(1)(b) applies, that person's recruitment for that service having taken place in the United Kingdom.".

Naturalisation as a British Dependent Territories citizen under section 18(1)

5.-(1) Subject to paragraph 6, the requirements for naturalisation as a British Dependent Territories citizen under section 18(1) are, in the case of any person who applies for it--

(a) the requirements specified in sub-paragraph (2) of this paragraph, or the alternative requirement specified in subparagraph (3) of this paragraph; and

(b) that he is of good character; and

(c) that he has a sufficient knowledge of the English language or any other language recognised for official purposes in the relevant territory; and

(d) that either--

(i) his intentions are such that, in the event of a certificate of naturalisation as a British Dependent Territories citizen being granted to him, his home or (if he has more than one) his principal home will be in the relevant territory; or

(ii) he intends, in the event of such a certificate being granted to him, to enter into, or continue in, Crown service under the government of that territory, or service under an international organisation of which that territory or the government of that territory is a member, or service in the employment of a company or association established in that territory.

(2) The requirements referred to in sub-paragraph (1)(a) of this paragraph are--

(a) that he was in the relevant territory at the beginning of the period of five years ending with the date of the application, and that the number of days on which he was absent from that territory in that period does not exceed 450; and

(b) that the number of days on which he was absent from that territory in the period of twelve months so ending does not exceed 90; and

(c) that he was not at any time in the period of twelve months so ending subject under the immigration laws to any restriction on the period for which he might remain in that territory; and

(d) that he was not at any time in the period of five years so ending in that territory in breach of the immigration laws.

(3) The alternative requirement referred to in sub-paragraph (1)(a) of this paragraph is that on the date of the application he is serving outside the relevant territory in Crown service under the government of that territory.

6. If in the special circumstances of any particular case the Secretary of State thinks fit, he may for the purposes of paragraph 5 do all or any of the following things, namely--

(a) treat the applicant as fulfilling the requirement specified in paragraph 5(2)(a) or paragraph 5(2)(b), or both, although the number of days on which he was absent from the relevant territory in the period there mentioned exceeds the number there mentioned;

(b) treat the applicant as having been in the relevant territory for the whole or any part of any period during which he would otherwise fall to be treated under paragraph 9(2) as having been absent;

(c) disregard any such restriction as is mentioned in paragraph 5(2)(c), not being a restriction to which the applicant was subject on the date of the application;

(d) treat the applicant as fulfilling the requirement specified in paragraph 5(2)(d) although he was in the relevant territory in breach of the immigration laws in the period there mentioned;

(e) waive the need to fulfil the requirement specified in paragraph 5(1)(c) if he considers that because of the applicant's age or physical or mental condition it would be unreasonable to expect him to fulfil it.

Naturalisation as a British Dependent Territories citizen under section 18(2)

7. Subject to paragraph 8, the requirements for naturalisation as a British Dependent Territories citizen under section 18(2) are, in the case of any person who applies for it--

(a) that he was in the relevant territory at the beginning of the period of three years ending with the date of the application and that the number of days on which he was absent from that territory in that period does not exceed 270; and

(b) that the number of days on which he was absent from that territory in the period of twelve months so ending does not exceed 90; and

(c) that on the date of the application he was not subject under the immigration laws to any restriction on the period for which he might remain in that territory; and

(d) that he was not at any time in the period of three years ending with the date of the application in that territory in breach of the immigration laws; and

(e) the requirement specified in paragraph 5(1)(b).

8. Paragraph 6 shall apply in relation to paragraph 7 with the following modifications, namely--

(a) the reference to the purposes of paragraph 5 shall be read as a reference to the purposes of paragraph 7;

(b) the references to paragraphs 5(2)(a), 5(2)(b) and 5(2)(d) shall be read as references to paragraphs 7(a), 7(b) and 7(d) respectively;

(c) paragraph 6(c) and (e) shall be omitted; and

(d) after paragraph (e) there shall be added--

"(f) waive the need to fulfil all or any of the requirements specified in paragraph 7(a) and (b) if on the date of the application the person to whom the applicant is married is serving in service to which section 16(1)(b) applies, that person's recruitment for that service having taken place in a dependent territory.".

Periods to be treated as periods of absence from U.K. or a dependent territory

9.-(1) For the purposes of this Schedule a person shall (subject to paragraph 2(b)) be treated as having been absent from the United Kingdom during any of the following periods, that is to say--

(a) any period when he was in the United Kingdom and either was entitled to an exemption under section 8(3) or (4) of the Immigration Act 1971 (exemptions for diplomatic agents etc. and members of the forces) or was a member of the family and formed part of the household of a person so entitled;

(b) any period when he was detained--

(i) in any place of detention in the United Kingdom in pursuance of a sentence passed on him by a court in the United Kingdom or elsewhere for any offence;

(ii) in any hospital in the United Kingdom under a hospital order made under Part V of the Mental Health Act 1959 or section 175 or 376 of the Criminal Procedure (Scotland) Act 1975 or Part III of the Mental Health Act (Northern Ireland) 1961, being an order made in connection with his conviction of an offence; or

(iii) under any power of detention conferred by the immigration laws of the United Kingdom;

(c)any period when, being liable to be detained as mentioned in paragraph (b)(i) or (ii) of this sub-paragraph, he was unlawfully at large or absent without leave and for that reason liable to be arrested or taken into custody;

(d) any period when, his actual detention under any such power as is mentioned in paragraph (b)(iii) of this subparagraph being required or specifically authorised, he was unlawfully at large and for that reason liable to be arrested.

(2) For the purposes of this Schedule a person shall (subject to paragraph 6(b)) be treated as having been absent from any particular dependent territory during any of the following periods, that is to say--

(a) any period when he was in that territory and either was entitled to an exemption under the immigration laws of that territory corresponding to any such exemption as is mentioned in sub-paragraph (l)(a) or was a member of the family and formed part of the household of a person so entitled;

(b) any period when he was detained--

(i) in any place of detention in the relevant territory in pursuance of a sentence passed on him by a court in that territory or elsewhere for any offence;

(ii) in any hospital in that territory under a direction (however described) made under any law for purposes similar to Part V of the Mental Health Act 1959 which was for the time being in force in that territory, being a direction made in connection with his conviction of an offence and corresponding to a hospital order under that Part; or

(iii) under any power of detention conferred by the immigration laws of that territory;

(c) any period when, being liable to be detained as mentioned in paragraph (b)(i) or (ii) of this sub-paragraph, he was unlawfully at large or absent without leave and for that reason liable to be arrested or taken into custody;

(d) any period when, his actual detention under any such power as is mentioned in paragraph (b)(iii) of this subparagraph being required or specifically authorised, he was unlawfully at large and for that reason liable to be arrested.

Interpretation

10. In this Schedule "the relevant territory" has the meaning given by section 18(3).

SCHEDULE 2 - PROVISIONS FOR REDUCING STATELESSNESS

Persons born in the United Kingdom after commencement

1.- (1) Where a person born in the United Kingdom after commencement would, but for this paragraph, be born stateless, then, subject to sub-paragraph (3)--

(a) if at the time of the birth his father or mother is a citizen or subject of a description mentioned in sub-paragraph (2), he shall be a citizen or subject of that description; and accordingly

(b) if he is born legitimate and at the time of the birth each of his parents is a citizen or subject of a different description so mentioned, he shall be a citizen or subject of the same description so mentioned as each of them is respectively at that time

(2) The descriptions referred to in sub-paragraph (1) are a British Dependent Territories citizen, a British Overseas citizen and a British subject under this Act.

(3) A person shall not be a British subject by virtue of this paragraph if by virtue of it he is a citizen of a description mentioned in sub-paragraph (2).

Persons born in a dependent territory after commencement

2.- (1) Where a person born in a dependent territory after commencement would, but for this paragraph, be born stateless, then, subject to sub-paragraph (3)--

(a) if at the time of the birth his father or mother is a citizen or subject of a description mentioned in sub-paragraph (2), he shall be a citizen or subject of that description; and accordingly

(b) if he is born legitimate and at the time of the birth each of his parents is a citizen or subject of a different description so mentioned, he shall be a citizen or subject of the same description so mentioned as each of them is respectively at that time.

(2) The descriptions referred to in sub-paragraph (1) are a British citizen, a British Overseas citizen and a British subject under this Act.

(3) A person shall not be a British subject by virtue of this paragraph if by virtue of it he is a citizen of a description mentioned in sub-paragraph (2).

Persons born in the United Kingdom or a dependent territory after commencement

3.- (1) A person born in the United Kingdom or a dependent territory after commencement shall be entitled, on an application for his registration under this paragraph, to be so registered if the following requirements are satisfied in his case, namely--

(a) that he is and always has been stateless; and

(b) that on the date of the application he had attained the age of ten but was under the age of twenty-two; and

(c) that he was in the United Kingdom or a dependent territory (no matter which) at the beginning of the period of five years ending with that date and that (subject to paragraph 6) the number of days on which he was absent from both the United Kingdom and the dependent territories in that period does not exceed 450.

(2) A person entitled to registration under this paragraph--

(a) shall be registered under it as a British citizen if, in the period of five years mentioned in sub-paragraph (1), the number of days wholly or partly spent by him in the United Kingdom exceeds the number of days wholly or partly spent by him in the dependent territories;

(b) in any other case, shall be registered under it as a British Dependent Territories citizen.

Persons born outside the United Kingdom and the dependent territories after commencement

4.-(1) A person born outside the United Kingdom and the dependent territories after commencement shall be entitled, on an application for his registration under this paragraph, to be so registered if the following requirements are satisfied, namely--

(a) that that person is and always has been stateless; and

(b) that at the time of that person's birth his father or mother was a citizen or subject of a description mentioned in sub-paragraph (4); and

(c) that that person was in the United Kingdom or a dependent territory (no matter which) at the beginning of the period of three years ending with the date of the application and that (subject to paragraph 6) the number of days on which he was absent from both the United Kingdom and the dependent territories in that period does not exceed 270.

(2) A person entitled to registration under this paragraph--

(a) shall be registered under it as a citizen or subject of a description available to him in accordance with sub-paragraph (3); and

(b) if more than one description is so available to him shall be registered under this paragraph as a citizen of whichever one or more of the descriptions so available to him is or are stated in the application under this paragraph to be wanted.

(3) For the purposes of this paragraph the descriptions of citizen or subject available to a person entitled to registration under this paragraph are--

(a) in the case of a person whose father or mother was at the time of that person's birth a citizen of a description mentioned in sub-paragraph (4), any description of citizen so mentioned which applied to his father or mother at that time;

(b) in any other case, a British subject under this Act.

(4) The descriptions referred to in sub-paragraphs (1) to (3) are a British citizen, a British Dependent Territories citizen, a British Overseas citizen and a British subject under this Act.

Persons born stateless before commencement

5.-(1) A person born before commencement shall be entitled, on an application for his registration under this paragraph, to be so registered if the circumstances are such that, if--

(a) this Act had not been passed, and the enactments repealed or amended by this Act had continued in force accordingly; and

(b) an application for the registration of that person under section 1 of the British Nationality (No. 2) Act 1964 (stateless persons) as a citizen of the United Kingdom and Colonies had been made on the date of the application under this paragraph,

that person would have been entitled under that section to be registered as such a citizen.

(2) A person entitled to registration under this paragraph shall be registered under it as such a citizen as he would have become at commencement if, immediately before commencement, he had been registered as a citizen of the United Kingdom and Colonies under section 1 of the British Nationality (No. 2) Act 1964 on whichever of the grounds mentioned in subsection (1)(a) to (c) of that section he would have been entitled to be so registered on in the circumstances described in sub-paragraph (1)(a) and (b) of this paragraph.

Supplementary

6. If in the special circumstances of any particular case the Secretary of State thinks fit, he may for the purposes of paragraph 3 or 4 treat the person who is the subject of the application as fulfilling the requirement specified in sub-paragraph (1)(c) of that paragraph although the number of days on which he was absent from both the United Kingdom and the dependent territories in the period there mentioned exceeds the number there mentioned.

SCHEDULE 3 - COUNTRIES WHOSE CITIZENS ARE COMMONWEALTH CITIZENS

Antigua and BarbudaMauritius

AustraliaNauru

The BahamasNew Zealand

BangladeshNigeria

BarbadosPapua New Guinea

BelizeSaint Lucia

BotswanaSaint Vincent and the

CanadaGrenadines

Republic of CyprusSeychelles

DominicaSierra Leone

FijiSingapore

The GambiaSolomon Islands

GhanaSri Lanka

GrenadaSwaziland

Guyana Tanzania

IndiaTonga

JamaicaTrinidad and Tobago

KenyaTuvalu

Kiribati Uganda

Lesotho Vanuatu

Malawi Western Sarnoa

MalaysiaZambia

MaltaZimbabwe.

SCHEDULE 4 - AMENDMENTS OF IMMIGRATION ACT 1971

1. In this Schedule "the 1971 Act" means the Immigration Act 1971.

2. For "patrial"--

(a) where it occurs in the provisions of the 1971 Act listed in the first column of the following table, and where it first occurs in section 6(2) of that Act, substitute "a British citizen";

(b) where it occurs in the provisions of that Act listed in the second column of that table, and where it last occurs in section 6(2) of that Act, substitute "British citizens".

TABLE

(1)(2)

"a British citizen""British citizens"

Section 3(1), (5), (6),(8);Section 3(7) (twice);

Section 5(2);Section 4(4);

Section 9(4);Section 8(2),(3),(4);

Section 14(2);Section 9(2);

Section 24(1);Section 29(1);

In section 33(1), the defini-In Schedule 2, paragraph 26(1).

tions of "entry clearance"

and "work permit";

In Schedule 2, paragraphs

2(1)(a), 3(1), 6(1), 12(2)

and 13(2).

In Schedule 4, paragraphs

1(1) and (2), 3(1) and 4.

3.- (1) For "certificate of patriality", wherever (except in section 33(1)) it occurs in the 1971 Act (that is, in sections 13(2), 22(4)(a) and (5)(a), 26(1)(d) (twice) and paragraph l9(2) of Schedule 2 (twice)) substitute "certificate of entitlement".

(2) In the entry in section 33(1) which defines "certificate of patriality", for "patriality" substitute" entitlement".

4. In section 3(7) of the 1971 Act (powers available where restrictions or conditions are imposed on citizens of the United Kingdom and Colonies when leaving or seeking to leave other countries), for "citizens of the United Kingdom and Colonies" substitute "British citizens, British Dependent Territories citizens or British Overseas citizens".

5. In section 8(5) of the 1971 Act, for the words from "settled" onwards (by virtue of which persons are not to be regarded for the purposes of the 1971 Act as having been settled in the United Kingdom while entitled to certain exemptions) substitute "settled in the United Kingdom at any time when he was entitled under the former immigration laws to any exemption corresponding to any of those afforded by subsection (3) or (4)(b) or (c) above or by any order under subsection (2) above".

6. In section 25(5) of the 1971 Act (extension of provisions about offenses of assisting illegal entry and harbouring to things done outside the United Kingdom by persons of certain descriptions), for paragraphs (a) to (e) substitute--

(a) by a British citizen, a British Dependent Territories citizen, or a British Overseas citizen;

(b) by a person who under the British Nationality Act 1981 is a British subject; or

(c) by a British protected person (within the meaning of that Act).".

7. In section 33 of the 1971 Act (interpretation)

(a) in subsection (1)

(i) in the definition of "settled", for the words from "with" onwards substitute "with subsection (2A) below;": and

(ii) after the definition of "ship" insert--

" "United Kingdom passport" means a current passport issued by the Government of the United Kingdom, or by the Lieutenant-Governor of any of the Islands, or by the Government of any territory which is for the time being a dependent territory within the meaning of the British Nationality Act 1981;"; and

(b) after subsection (2) insert--

"(2A) Subject to section 8(5) above, references to a person being settled in the United Kingdom are references to his being ordinarily resident there without being subject under the immigration laws to any restriction on the period for which he may remain.".

SCHEDULE 5 - FORM OF OATH OF ALLEGIANCE

The form of the oath of allegiance is as shown below, with the insertion, after the words "on becoming", of whichever of the following expressions is appropriate, namely--

"a British citizen "

"a British Dependent Territories citizen"

"a British Overseas citizen"

"a British subject".

Oath of allegiance

I, A.B., swear by Almighty God that, on becoming

I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second Her Heirs and Successors according to law.

SCHEDULE 6 - BRITISH DEPENDENT TERRITORIES

Anguilla

Bermuda

British Antarctic Territory

British Indian Ocean Territory

Cayman Islands

Falkland Islands and Dependencies

Gibraltar

Hong Kong

Montserrat

Pitcairn, Henderson, Ducie and Oeno Islands

St Christopher and Nevis

St. Helena and Dependencies

The Sovereign Base Areas of Akrotiri and Dhekelia (that is to say the areas mentioned in section 2(1) of the Cyprus Act 1960)

Turks and Caicos Islands

Virgin Islands.

SCHEDULE 7 - CONSEQUENTIAL AMENDMENTS

ACT OF SETTLEMENT (12 & 13 Will.3.c.2.)

In section 3, the words from " That after the said limitation shall take effect" to "in trust for him " (which impose certain disqualifications) shall not apply to Commonwealth citizens or citizens of the Republic of Ireland.

LEGITIMACY DECLARATION ACT 1858 (c.93)

In section 9 (declaration that person is a subject of Her Majesty in Scottish action of declarator), for "subject of Her Majesty" substitute "Commonwealth citizen".

SUBMARINE TELEGRAPH ACT 1885 (c.49)

In section 3(5) (offence for a subject of Her Majesty to abet breaking or injuring of submarine cable outside dominions), for "a subject of Her Majesty" substitute "a Commonwealth citizen".

BRITISH NATIONALITY ACT 1948 (c.56)

In section 3 (limitation of criminal liability of citizens of certain countries), after subsection (3) insert--

"(4) In this section "foreign country" and "British protected person" have the same meaning as in the British Nationality Act 1981.".

IRELAND ACT 1949 (c.41)

1. In section 3(1)(a) (certain provisions not affected by fact that Republic of Ireland is not part of Her Majesty's dominions), for subparagraph (i) (which lists the British Nationality Act 1948) substitute--

"(i) section 3 of the British Nationality Act 1948;".

2. For section 7(2) (interpretation of references to protectorates etc. by reference to 1948 Act) substitute--

"(2) In this Act "the United Kingdom" includes the Channel Islands and the Isle of Man.".

DEFAMATION ACT 1952 (c.66)

In Part III of the Schedule (interpretation), in paragraph 14, for "subsection (3) of section one of that Act" substitute "Schedule 3 to the British Nationality Act 1981".

DEFAMATION ACT (NORTHERN IRELAND) 1955 (c.11) (N.I.)

In Part III of the Schedule (interpretation), in paragraph 14, for "subsection (3) of section one of that Act" substitute "Schedule 3 to the British Nationality Act 1981".

CYPRUS ACT 1960 (c.52)

In section 6(1) (power to remove Republic of Cyprus from section 1(3) of 1948 Act), for the words from "specified" onwards substitute "mentioned in Schedule 3 to the British Nationality Act 1981, Her Majesty may by Order in Council remove the Republic of Cyprus from that Schedule."

EMERGENCY LAWS (RE-ENACTMENTS AND REPEALS) ACT 1964 (c.60)

In section 9 (territorial extent of Part I), in subsection (2)--

(a) in the definition of "British protected person", for "the British Nationality Acts 1948 to 1964" substitute "the British Nationality Act 1981 "; and

(b) in the definition of "excepted ship or aircraft", for "section 1(3) of the British Nationality Act 1948" substitute "Schedule 3 to the British Nationality Act 1981 ".

DIPLOMATIC PRIVILEGES ACT 1964 (c.81)

For section 3(2) (disregard, in connection with citizenship of children of certain persons possessing diplomatic immunity, of Orders in Council withdrawing diplomatic privileges and immunities) substitute--

"(2) An Order in Council under this section shall be disregarded for the purposes of section 50(4) of the British Nationality Act 1981 (circumstances in which certain persons entitled to exemption under section 8(3) of the Immigration Act 1971 are to be regarded for the purposes of section 1(1) of the said Act of 1981 as settled in the United Kingdom).".

COMMONWEALTH SECRETARIAT ACT 1966 (c.10)

In Part II of the Schedule (staff of the Secretariat), in paragraphs 5(1) and 7, for "section 1(3) of the British Nationality Act 1948" substitute "Schedule 3 to the British Nationality Act 1981".

WEST INDIES ACT 1967 (c.4)

1. In section 13(3) (power to make changes in nationality or citizenship law in certain events), for "citizens of the United Kingdom and Colonies" substitute "British Dependent Territories citizens or British Overseas citizens".

2. In Schedule 3 (modifications of British Nationality Acts)--

(a) for paragraph 4(3) substitute--

"(3) This paragraph applies to those functions of the Secretary of State under the British Nationality Act 1981 in the case of which he has power under section 43 of that Act to make arrangements for them to be exercised in a dependent territory which is for the time being a colony by the Governor; and subsection (4) of that section (approval of Secretary of State) shall apply in relation to a direction under this paragraph as it applies in relation to arrangements under that section."; and

(b) in paragraph 6, for the words from "Section 26" to "1965)" substitute "Section 44 of the British Nationality Act 1981".

MARlNE ETC. BROADCASTING (OFFENSES) ACT l967 (c.41)

In section 3(3) (persons prohibited from broadcasting whilst on or over high seas), for paragraphs (a) to (e) substitute--

"(a)a British citizen, a British Dependent Territories citizen or a British Overseas citizen; or

(b) a person who under the British Nationality Act 1981 is a British subject; or

(c) a British protected person (within the meaning of that Act).".

ANTARCTIC TREATY ACT 1967 (c.65)

In section 1(3) (persons prohibited from harming Antarctic flora and fauna)--

(a) for paragraphs (a) to (e) substitute--

"(a)a British citizen, a British Dependent Territories citizen or a British Overseas citizen; or

(b) a person who under the British Nationality Act 1981 is a British subject; or

(c) a British protected person (within the meaning of that Act),"; and

(b) for "(a) to (e)" substitute "(a) to (c)".

FUGITIVE OFFENDERS ACT 1967 (c.68)

In section 2(1) (designated Commonwealth countries whose fugitives may be returned by United Kingdom), for "subsection (3) of section 1 of the British Nationality Act 1948" substitute "Schedule 3 to the British Nationality Act 1981".

CONSULAR RELATIONS ACT 1968 (c.18)

In section 1(2) (meaning of certain terms in Schedule 1), in the definition of "national of the receiving State", for the words from "as" onwards substitute "as meaning--

(a) a British citizen, a British Dependent Territories citizen or a British Overseas citizen; or

(b) a person who under the British Nationality Act 1981 is a British subject; or

(c) a British protected person (within the meaning of that Act).".

TANZANIA ACT 1969 (c.29)

In section 4(3) (enactments excluded from power to apply statutory provisions to Tanzania), for "the British Nationality Acts" substitute "the British Nationality Act 1981".

INCOME AND CORPORATION TAXES ACT 1970 (c.10)

1. For "section 1(3) of the British Nationality Act 1948", wherever it occurs (that is, in sections 181(1), 214(1)(b) and 372(2)(b)) substitute "Schedule 3 to the British Nationality Act 1981".

2. In section 214, after subsection (5) insert--

"(6) In subsection (1)(b) above, the references to a country mentioned in Schedule 3 to the British Nationality Act 1981 do not include any country which, immediately before the commencement of the British Nationality Act 1981, was mentioned in section 1(3) of the British Nationality Act 1948 otherwise than by virtue of an enactment passed after 1956.".

MERCHANT SHIPPING ACT 1970 (c.36)

1. In section 70(3) (meaning of "British seamen" in section 70), for "the British Nationality Act 1948" substitute "the British Nationality Act 1981".

2. In section 93(3) (meaning of "independent Commonwealth country" in section 93), for "section 1(3) of the British Nationality Act 1948" substitute "Schedule 3 to the British Nationality Act 1981".

HIJACKING ACT 1971 (c.70)

In section 1(3) (persons not within exceptions to offence of hijacking), for paragraphs (a) to (e) substitute--

(a) a British citizen, a British Dependent Territories citizen or a British Overseas citizen; or

(b) a person who under the British Nationality Act 1981 is a British subject; or

(c) a British protected person (within the meaning of that Act).".

CIVIL AVIATION ACT 1971 (c.75)

In section 64(1) (interpretation), in the definition of "United Kingdom national", for paragraphs (a) to (e) substitute--

(a) a British citizen, a British Dependent Territories citizen or a British Overseas citizen; or

(b) a person who under the British Nationality Act 1981 is a British subject; or

(c)a British protected person (within the meaning of that Act).".

PROTECTION OF AIRCRAFT ACT 1973 (c.47)

In section 1(5) (persons not within exception to offence of destroying etc. aircraft), for paragraphs (a) to (e) substitute--

(a) a British citizen, a British Dependent Territories citizen or a British Overseas citizen; or

(b) a person who under the British Nationality Act 1981 is a British subject; or

(c) a British protected person (within the meaning of that Act).".

CHILDREN ACT 1975 (c.72)

l. ln Part II of Schedule 1 (adoption orders)--

(a) in paragraph 7(2)(a), for "the British Nationality Acts 1948 to 1965" substitute "the British Nationality Act 1981"; and

(b) in paragraph 7(2)(d), for "citizenship of the United Kingdom and Colonies" substitute "British citizenship, British Dependent Territories citizenship or British Overseas citizenship.".

2. In Schedule 2 (status conferred in Scotland by adoption)--

(a) in paragraph 1(4)(a), for "the British Nationality Acts 1948 to 1965" substitute "the British Nationality Act 1981"; and

(b) in paragraph 1(4)(d), for "citizenship of the United Kingdom and Colonies" substitute "British citizenship, British Dependent Territories citizenship or British Overseas citizenship.".

ADOPTION ACT 1976 (c.36)

In section 47(2) (nationality enactments)--

(a) in paragraph (a), for "the British Nationality Acts 1948 to 1965" substitute "the British Nationality Act 1981"; and

(b) in paragraph (d), for "citizenship of the United Kingdom and Colonies" substitute "British citizenship, British Dependent Territories citizenship or British Overseas citizenship.".

NATIONAL HEALTH SERVICE ACT 1977 (c.49)

In paragraph 3 of Schedule 11 (territorial extent)--

(a) in the definition of "British protected person", for "the British Nationality Acts 1948 to 1965" substitute "the British Nationality Act 1981 ": and

(b) in the definition of "excepted ship or aircraft", for "section 1(3) of the British Nationality Act 1948 " substitute "Schedule 3 to the British Nationality Act 1981".

SOLOMON ISLANDS ACT 1978 (c.15)

In section 6 (construction of nationality provisions)--

(a) in subsection (1), for "section 1(3) of the 1948 Act" substitute "Schedule 3 to the British Nationality Act 1981 ":

(b) for subsection (2) substitute--

"(2) The following provisions of the British Nationality Act 1981, namely sections 45 (evidence), 46 (offenses and proceedings), 48 (posthumous children) and 50 (interpretation) shall have effect for the purposes of sections 2 to 6 of this Act as if those sections of this Act were included in that Act."; and

(c) in subsection (3), for section 23(2) of the 1948 Act)" substitute "section 47(2) of the British Nationality Act 1981) ".

ADOPTION (SCOTLAND) ACT 1978 (c.28)

In section 41(2) (nationality enactments)--

(a) in paragraph (a), for "the British Nationality Acts 1948 to 1965" substitute "the British Nationality Act 1981 "; and

(b) in paragraph (d), for "citizenship of the United Kingdom and Colonies" substitute "British citizenship, British Dependent Territories citizenship or British Overseas citizenship.".

NATIONAL HEALTH SERVICE (SCOTLAND) ACT 1978 (c.29

ln paragraph 3 of Schedule 10 (territorial extent)--

(a) in the definition of "British protected person", for "the British Nationality Acts 1948 to 1965" substitute "the British Nationality Act 1981 "; and

(b) in the definition of "excepted ship or aircraft", for "section 1(3) of the British Nationality Act 1948" substitute "Schedule 3 to the British Nationality Act 1981 ".

STATE IMMUNITY ACT 1978 (c.33)

In section 4(5) (definition of "national of the United Kingdom"), for the words from "means" onwards substitute "means--

(a) a British citizen, a British Dependent Territories citizen or a British Overseas citizen; or

(b) a person who under the British Nationality Act 1981 is a British subject; or

(c) a British protected person (within the meaning of that Act)".

DEEP SEA MINING (TEMPORARY PROVISIONS) ACT 1981 (c. 53)

1. In section 1 (prohibition of unlicensed deep sea mining)--

(a) in subsection (4), for "citizen of the United Kingdom and Colonies" substitute "United Kingdom national";

(b) in subsection (5)(a), for "citizens of the United Kingdom and Colonies" and "such citizens" substitute respectively "United Kingdom nationals" and "such nationals": and

(c) in subsection (6), for the words from "and references" onwards substitute--

" "United Kingdom national " means--

(a) a British citizen, a British Dependent Territories citizen or a British Overseas citizen;

(b) a person who under the British Nationality Act 1981 is a British subject; or

(c) a British protected person (within the meaning of that Act).".

2. In section 14(3) (persons who may be guilty of offenses under regulations), for "a citizen of the United Kingdom and Colonies" substitute "a British citizen, a British Dependent Territories citizen or a British Overseas citizen".

SCHEDULE 8 - TRANSITIONAL PROVISIONS

Applications for naturalisation or registration pending at commencement

1.-(1) This paragraph applies to any application--

(a) for registration under any provision of the British Nationality Acts 1948 to 1965 as a citizen of the United Kingdom and Colonies or as a British subject; or

(b) for a certificate of naturalisation under section 10 of the 1948 Act,

which is received before commencement by a person authorised to receive it on behalf of the person to whom it is made but which at commencement has not been determined.

(2) In relation to any application to which this paragraph applies--

(a) the British Nationality Acts 1948 to 1965 and all regulations and arrangements in force under them immediately before commencement shall (so far as applicable) continue to apply; and

(b) this Act shall not apply; but on the granting of such an application and the taking under those Acts of such other steps as are necessary for the person in question to become--

(i) a citizen of the United Kingdom and Colonies by virtue of any provision of those Acts; or

(ii) a British subject by virtue of registration under any provision of those Acts,

that person, instead of becoming a citizen or subject of that description, shall become under this Act such a citizen or subject as he would have become at commencement if, immediately before commencement, he had been such a citizen or subject as is mentioned in paragraph (i) or (ii), as the case may be.

(3) Sub-paragraph (2) shall have effect as if the references in it to the British Nationality Acts 1948 to 1965 did, and as if the reference in paragraph (b) of it to this Act did not, include section 49 of this Act.

2. Where a person who has been registered or to whom a certificate of naturalisation has been granted before the passing of this Act has at commencement not yet taken the oath of allegiance, paragraph 1(2) shall apply as if the application on which he was registered or the certificate was granted were an application to which paragraph 1 applies.

Registration at U.K. consulate, after commencement, of certain births occurring in foreign countries less than a year before commencement

3.-(1) This paragraph applies to a person born less than a year before commencement if--

(a) the birth occurred in a place in a foreign country (within the meaning of the 1948 Act); and

(b) at the time of the birth his father was a citizen of the United Kingdom and Colonies by descent only; and

(c) the birth was not registered at a United Kingdom consulate before commencement.

(2) If the birth of a person to whom this paragraph applies is registered at a United Kingdom consulate within one year of its occurrence, he shall be deemed for the purposes of this Act to have been, immediately before commencement, a citizen of the United Kingdom and Colonies by virtue of section 5 of the 1948 Act (citizenship by descent).

(3) References in this paragraph to the 1948 Act are references to that Act as in force at the time of the birth in question.

Declarations by certain persons who by virtue of an Order in Council under section 4 of the Cyprus Act 1960 have ceased to be citizens of the United Kingdom and Colonies

4.-(1) Where--

(a) a person has before commencement duly made a declaration under section 4(2) of the Cyprus Act 1960 of his intention to resume citizenship of the United Kingdom and Colonies; but

(b) at commencement the declaration has not been registered, the Secretary of State shall cause the declaration to be registered.

(2) If--

(a) a person who in consequence of anything done before he attained the age of sixteen years ceased by virtue of an Order in Council under section 4 of the Cyprus Act 1960 to be a citizen of the United Kingdom and Colonies makes, in such a manner as the Secretary of State may direct, a declaration of his intention to accept the citizenship available to him under this paragraph; and

(b) the declaration is made by him after commencement and within one year after his attaining the age of twenty-one years,

the Secretary of State shall cause the declaration to be registered.

(3) On the registration under sub-paragraph (1) or (2) of any such declaration as is there mentioned the person who made it shall become under this Act such a citizen as he would have become at commencement if, immediately before commencement, he had been a citizen of the United Kingdom and Colonies by virtue of section 4(2) of the Cyprus Act 1960.

Applications for certificates of patriality pending at commencement

5. Any application for a certificate of patriality under the Immigration Act 1971 duly made but not determined before commencement shall be treated as if it were an application for a certificate of entitlement under that Act as amended by this Act.

Appeals under Part II of Immigration Act 1971

6. Where a person who has been refused a certificate of patriality under the Immigration Act 1971 before commencement has immediately before commencement a right of appeal under Part lI (appeals) of that Act against the refusal, the provisions of that Part shall have effect in relation to the refusal as if he had applied for, and been refused, a certificate of entitlement under that Act as amended by this Act

7. Any appeal under Part II of the Immigration Act 1971 against a refusal of a certificate of patriality under that Act which is pending immediately before commencement shall be treated as if it were an appeal against a refusal of a certificate of entitlement under that Act as amended by this Act.

8. In relation to appeals against any decisions taken or other thing done under the Immigration Act 1971 before commencement, other than a refusal of a certificate of patriality under that Act, the provisions of that Act shall continue to apply as in force immediately before commencement, and not as amended by this Act.

 

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