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Adoption (Hague Convention) Act (Northern Ireland) 1969

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9Nationality.N.I.

(1)If by an order under[F1 section 70(1) of the Adoption Act 1976] it is declared that a description of persons specified in the order has, in pursuance of the Convention, been notified to the Government of the United Kingdom as the description of persons who are deemed to possess the nationality of a particular convention country, persons of that description shall, subject to the following provisions of this section, be treated for the purposes of this Act as nationals of that country.

(2)Subject to section 7(3) and subsection (3), where it appears to the court in any proceedings under this Act that a person is or was at a particular time a national of two or more countries, then—

(a)if it appears to the court that he is or was then a United Kingdom national, he shall be treated for the purposes of those proceedings as if he were or had then been a United Kingdom national only;

(b)if, in a case if not falling within paragraph ( a) above, it appears to the court that one only of those countries is or was then a convention country, he shall be treated for those purposes as if he were or had then been a national of that country only;

(c)if, in a case not falling within paragraph ( a) above, it appears to the court that two or more of those countries are or were then convention countries, he shall be treated for those purposes as if he were or had been then a national of such one of those convention countries as the court considers is the country with which he is or was then most closely connected;

(d)in any other case, he shall be treated for those purposes as if he were or had then been a national of such one only of those countries as the court considers is the country with which he is or was then most closely connected.

(3)In any proceedings brought in pursuance of section[F2 1 or 6] the court shall be entitled to disregard the provisions of subsection (2) in so far as it appears to the court appropriate to do so for the purposes of those proceedings; but nothing in this subsection shall be construed as prejudicing the provisions of section 7(3).

(4)Where, after such enquiries as it considers appropriate, it appears to the court in any proceedings under this Act that a person has no nationality or no ascertainable nationality, he shall be treated for the purposes of those proceedings as a national of the country in which he resides or where that country is one of two or more countries having the same law of nationality, as a national of those countries.

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