British Overseas Territories Act 2002

Change of names

1 British overseas territories

(1) As the territories mentioned in Schedule 6 to the British Nationality Act 1981 (c. 61) are now known as “British overseas territories”—

(a) in section 50(1) of that Act (definitions), at the appropriate place insert—

““British overseas territory” means a territory mentioned in Schedule 6;”,

(b) for “dependent territory” (or “dependent territories”), wherever occurring in that Act, substitute “British overseas territory” (or “British overseas territories”), and

(c) in the heading to that Schedule, for “British Dependent Territories” substitute “British Overseas Territories”.

(2) In any other enactment passed or made before the commencement of this section (including an enactment comprised in subordinate legislation), any reference to a dependent territory within the meaning of the British Nationality Act 1981 shall be read as a reference to a British overseas territory.

(3) In the Interpretation Act 1978 (c. 30), at the appropriate place in Schedule 1 (list of definitions) insert—

““British overseas territory” has the same meaning as in the British Nationality Act 1981;”.

2 British overseas territories citizenship

(1) Pursuant to section 1, British Dependent Territories citizenship is renamed “British overseas territories citizenship”; and a person having that citizenship is a “British overseas territories citizen”.

(2) Accordingly, in the British Nationality Act 1981 (c. 61)—

(a) for “British Dependent Territories citizenship”, wherever occurring, substitute “British overseas territories citizenship”, and

(b) for “British Dependent Territories citizen” (or “British Dependent Territories citizens”), wherever occurring, substitute “British overseas territories citizen” (or “British overseas territories citizens”).

(3) In any other enactment passed or made before the commencement of this section (including an enactment comprised in subordinate legislation), any reference to British Dependent Territories citizenship, or a British Dependent Territories citizen, shall be read as a reference to British overseas territories citizenship, or a British overseas territories citizen.

British citizenship

3 Conferral on British overseas territories citizens

(1) Any person who, immediately before the commencement of this section, is a British overseas territories citizen shall, on the commencement of this section, become a British citizen.

(2) Subsection (1) does not apply to a person who is a British overseas territories citizen by virtue only of a connection with the Sovereign Base Areas of Akrotiri and Dhekelia.

(3) A person who is a British citizen by virtue of this section is a British citizen by descent for the purposes of the British Nationality Act 1981 if, and only if—

(a) he was a British overseas territories citizen by descent immediately before the commencement of this section, and

(b) if at that time he was a British citizen as well as a British overseas territories citizen, he was a British citizen by descent.

4 Acquisition by British overseas territories citizens by registration

After section 4 of the British Nationality Act 1981 insert—

“4A Acquisition by registration: further provision for British overseas territories citizens

(1) If an application is made to register as a British citizen a person who is a British overseas territories citizen, the Secretary of State may if he thinks fit cause the person to be so registered.

(2) Subsection (1) does not apply in the case of a British overseas territories citizen who—

(a) is such a citizen by virtue only of a connection with the Sovereign Base Areas of Akrotiri and Dhekelia; or

(b) has ceased to be a British citizen as a result of a declaration of renunciation.”

5 Acquisition by reference to the British overseas territories

Schedule 1 (which makes provision about the acquisition of British citizenship by reference to the British overseas territories) has effect.

Supplementary

6 The Ilois: citizenship

(1) A person shall become a British citizen on the commencement of this section if—

(a) he was born on or after 26 April 1969 and before 1 January 1983,

(b) he was born to a woman who at the time was a citizen of the United Kingdom and Colonies by virtue of her birth in the British Indian Ocean Territory, and

(c) immediately before the commencement of this section he was neither a British citizen nor a British overseas territories citizen.

(2) A person who is a British citizen by virtue of subsection (1) is a British citizen by descent for the purposes of the British Nationality Act 1981 (c. 61).

(3) A person shall become a British overseas territories citizen on the commencement of this section if—

(a) subsection (1)(a) and (b) apply in relation to him, and

(b) immediately before the commencement of this section he was not a British overseas territories citizen.

(4) A person who is a British overseas territories citizen by virtue of subsection (3) is such a citizen by descent for the purposes of the British Nationality Act 1981.

7 Repeals

The enactments mentioned in Schedule 2 (which include some which are spent or effectively superseded) are repealed to the extent specified there.

8 Short title, commencement and extent

(1) This Act may be cited as the British Overseas Territories Act 2002.

(2) The following provisions of this Act are to come into force on such day as the Secretary of State may by order made by statutory instrument appoint—

(a) sections 3 to 5 and Schedule 1,

(b) section 6, and

(c) section 7 and Schedule 2, so far as relating to the British Nationality (Falkland Islands) Act 1983 (c. 6).

(3) An order under subsection (2) may—

(a) appoint different days for different purposes, and

(b) include such transitional provision as the Secretary of State considers expedient.

(4) This Act extends to—

(a) the United Kingdom,

(b) the Channel Islands and the Isle of Man, and

(c) the British overseas territories.