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British Nationality Act 1981
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- 1981 c. 61
- SCHEDULE 8
- Applications for naturalisation or registration pending at commencement
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- Act amendment to earlier commencing SI 2007/1109 art. 6 by S.I. 2011/1158 art. 4 6
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- Blanket amendment text amended by S.I. 2011/1043 art. 3 6
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- S.I. 2010/987 art. 2 commences (2008 c. 22)
Applications for naturalisation or registration pending at commencementE+W+S+N.I.
1(1)This paragraph applies to any application—E+W+S+N.I.
(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.
2Where 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.E+W+S+N.I.
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