The British Nationality (General) Regulations 2003

PART I GENERAL

Citation and commencement

1.  These Regulations may be cited as the British Nationality (General) Regulations 2003 and shall come into force on 1st April 2003.

Interpretation

2.—(1) In these Regulations, the following expressions have the meanings hereby assigned to them, that is to say—

“the Act” means the British Nationality Act 1981;

“applicant” in relation to an application made on behalf of a person not of full age or capacity means that person;

“High Commissioner” means, in relation to a country mentioned in Schedule 3 to the Act(1), the High Commissioner for Her Majesty’s Government in the United Kingdom appointed to that country, and includes the acting High Commissioner.

(2) In the application of the provisions of regulation 6(2) or Schedule 4 where a function of the Secretary of State under the Act is exercised by the Lieutenant-Governor of any of the Islands by virtue of arrangements made under section 43(1) of the Act(2), any reference in those provisions to the Secretary of State shall be construed as a reference to the Lieutenant-Governor.

PART II REGISTRATION AND NATURALISATION

Applications

3.  Any application for registration as a British citizen, British Overseas citizen or British subject or for a certificate of naturalisation as a British citizen shall—

(a) be made to the appropriate authority specified in regulation 4; and

(b) satisfy the requirements of Part I and, if made on behalf of a person not of full age or capacity, Part II of Schedule 1 and such further requirements, if any, as are specified in relation thereto in Schedule 2.

Authority to whom application is to be made

4.—(1) Except as provided by paragraphs (2) and (3), the authority to whom an application is to be made is as follows:

(a) if the applicant is in Great Britain or Northern Ireland, to the Secretary of State at the Home Office;

(b) if the applicant is in any of the Islands, to the Lieutenant-Governor;

(c) if the applicant is in a British overseas territory, to the Governor;

(d) if the applicant is in a country mentioned in Schedule 3 to the Act, to the High Commissioner or, if there is no High Commissioner, to the Secretary of State at the Home Office;

(e) if the applicant is elsewhere, to any consular officer, any established officer in the Diplomatic Service of Her Majesty’s Government in the United Kingdom or any person authorised by the Secretary of State in that behalf.

(2) The authority to whom an application under section 4(5) of the Act (acquisition by registration: British overseas territories citizens, etc), on grounds of Crown Service under the government of a British overseas territory or service as a member of a body established by law in a British overseas territory, is to be made is in all cases the Governor of that territory.

(3) The authority to whom an application under section 5 of the Act (acquisition by registration: nationals for purposes of the Community Treaties)(3) is to be made is in all cases the Governor of Gibraltar.

Persons not of full age or capacity

5.  An application may be made on behalf of someone not of full age or capacity by his father or mother or any person who has assumed responsibility for his welfare.

Oaths of allegiance

6.—(1) Where an oath of allegiance is required by section 42 of the Act(4) to be taken by an applicant for registration or for a certificate of naturalisation, it shall be administered in accordance with the requirements of Schedule 3.

(2) If, on an application for registration or for a certificate of naturalisation by an applicant who is required to take an oath of allegiance, the Secretary of State decides that the registration should be effected or the certificate should be granted he shall cause notice in writing of the decision to be given to the applicant; and the oath of allegiance shall be taken within three months of the giving of the notice or such longer time as the Secretary of State may allow.

(3) Any notice required by paragraph (2) to be given to an applicant may be given—

(a) in any case where the applicant’s whereabouts are known, by causing the notice to be delivered to him personally or by sending it to him by post;

(b) in a case where the applicant’s whereabouts are not known, by sending it by post in a letter addressed to him at his last known address.

Certificates of naturalisation

7.  A certificate of naturalisation shall be in the form set out in Schedule 4.

PART III RENUNCIATION AND DEPRIVATION

Declarations of renunciation

8.  Any declaration of renunciation of British citizenship, British Overseas citizenship or the status of a British subject shall—

(a) be made to the appropriate authority specified in regulation 9; and

(b) satisfy the requirements of Schedule 5.

Authority to whom declaration of renunciation is to be made

9.  The authority to whom a declaration of renunciation is to be made is as follows:

(a) if the declarant is in Great Britain or Northern Ireland, to the Secretary of State at the Home Office;

(b) if the declarant is in any of the Islands, to the Lieutenant-Governor;

(c) if the declarant is in a British overseas territory, to the Governor;

(d) if the declarant is in a country mentioned in Schedule 3 to the Act, to the High Commissioner or, if there is no High Commissioner, to the Secretary of State at the Home Office;

(e) if the declarant is elsewhere, to any consular officer, any established officer in the Diplomatic Service of Her Majesty’s Government in the United Kingdom or any person authorised by the Secretary of State in that behalf.

Notice of proposed deprivation of citizenship

10.—(1) Where it is proposed to make an order under section 40 of the Act(5)depriving a person of a citizenship status, the notice required by section 40(5) of the Act to be given to that person may be given—

(a) in a case where that person’s whereabouts are known, by causing the notice to be delivered to him personally or by sending it to him by post;

(b) in a case where that person’s whereabouts are not known, by sending it by post in a letter addressed to him at his last known address.

(2) If a notice required by section 40(5) of the Act is given to a person appearing to the Secretary of State or, as appropriate, the Governor or Lieutenant-Governor to represent the person to whom notice under section 40(5) is intended to be given, it shall be deemed to have been given to that person.

(3) A notice required to be given by section 40(5) of the Act shall, unless the contrary is proved, be deemed to have been given—

(a) where the notice is sent by post from and to a place within the United Kingdom, on the second day after it was sent;

(b) where the notice is sent by post from or to a place outside the United Kingdom, on the twenty-eighth day after it was sent, and

(c) in any other case on the day on which the notice was delivered.

Cancellation of registration of person deprived of citizenship

11.  Where an order has been made depriving a person who has a citizenship status by virtue of registration (whether under the Act or under the former nationality Acts) of that citizenship status, the name of that person shall be removed from the relevant register.

Cancellation of certificate of naturalisation in case of deprivation of citizenship

12.  Where an order has been made depriving a person who has a citizenship status by virtue of the grant of a certificate of naturalisation (whether under the Act or under the former nationality Acts) of that citizenship status, the person so deprived or any other person in possession of the relevant certificate of naturalisation shall, if required by notice in writing given by the authority by whom the order was made, deliver up the said certificate to such person, and within such time, as may be specified in the notice; and the said certificate shall thereupon be cancelled or amended.

PART IV SUPPLEMENTAL

Evidence

13.  A document may be certified to be a true copy of a document for the purpose of section 45(2) of the Act by means of a statement in writing to that effect signed by a person authorised by the Secretary of State, the Lieutenant-Governor, the High Commissioner or the Governor in that behalf.

Manner of signifying parental consent to registration

14.  Where a parent, in pursuance of section 3(5)(c) of the Act, consents to the registration of a person as a British citizen under that subsection, the consent shall be expressed in writing and signed by the parent.

Revocation

15.  The British Nationality (General) Regulations 1982(6) are hereby revoked.

Beverley Hughes

Minister of State

Home Office

6th March 2003