West Indies Act 1967

Section 12.

SCHEDULE 3 Modifications of British Nationality Acts

1 In the following provisions of the British Nationality Acts 1948 to 1965, that is to say—

(a) sections 10(2), 22 and 29(3) of the [1948 c. 56.] British Nationality Act 1948 (including sections 22 and 29(3) of that Act as applied respectively by sections 3(3) and 5(2) of the [1965 c. 34.] British Nationality Act 1965) and paragraph 4(a) of Schedule 2 to the said Act of 1948, and

(b) section 3(1)(c) of the [1958 c. 10.] British Nationality Act 1958,

the references to a colony shall not include any associated state.

2 (1) So much of section 8(1) of the British Nationality Act 1948 as provides for any functions of the Secretary of State to be exercised by the Governor of a colony or substitutes references to the Governor for references to the Secretary of State shall not have effect in relation to any associated state.

(2) In the preceding sub-paragraph the reference to section 8(1) of the British Nationality Act 1948 includes a reference to the said section 8(1) as applied by any of the following provisions, that is to say, section 1(6) of the [1964 c. 22.] British Nationality Act 1964, section 1(4) of the [1964 c. 54.] British Nationality (No. 2) Act 1964 and section 1(5) of the British Nationality Act 1965.

3 So much of section 3(2) of the British Nationality Act 1958 as substitutes a reference to the Governor for references to the Secretary of State shall not have effect in relation to any associated state.

4 (1) In relation to any associated state the Secretary of State may direct that (subject to paragraph 5 of this Schedule) such functions to which this paragraph applies as are specified in the direction, instead of being exercisable by him, shall be exercisable by a person specified in the direction or by the person for the time being holding an office so specified.

(2) A direction under this paragraph may be given either so as to .have effect generally in relation to the exercise of the functions specified in it or so as to have effect only in relation to the exercise of those functions in respect of one or more matters or classes of matters so specified.

(3) This paragraph applies to the functions of the Secretary of State under the following provisions of the British Nationality Acts 1948 to 1965 as modified by paragraphs 1 to 3 of this Schedule, that is to say—

(a) sections 6, 7, 10(1), 20 and 29(3) of the [1948 c. 56.] British Nationality Act 1948 (including section 29(3) of that Act as applied by section 5(2) of the [1965 c. 34.] British Nationality Act 1965);

(b) paragraphs 2 and 3 of Schedule 2 to the British Nationality Act 1948 ;

(c) section 3 of the [1958 c. 10.] British Nationality Act 1958 ;

(d) section 1 of the [1964 c. 22.] British Nationality Act 1964 ;

(e) section 1 of the [1964 c. 54`.] British Nationality (No. 2) Act 1964; and

(f) sections 1 and 3 of the British Nationality Act 1965

5 A person by whom any functions are exercisable by virtue of a direction under the last preceding paragraph shall not have power, except with the approval of the Secretary of State, to grant a certificate of naturalisation or to make an order depriving any person of citizenship or of the status of British subject.

6 Section 26 of the British Nationality Act 1948 (including that section as applied by section 5(2) of the British Nationality Act 1965) shall have effect in relation to the exercise by any person of any functions by virtue of a direction under paragraph 4 of this Schedule.

7 Section 29(4) of the British Nationality Act 1948 (including the said section 29(4) as applied by section 5(2) of the British Nationality Act 1965) shall not apply to any rules made in the exercise of a power conferred on any person by virtue of such a direction.