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The British Nationality (General) (Amendment) Regulations 2012

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Statutory Instruments

2012 No. 1588

British Nationality

The British Nationality (General) (Amendment) Regulations 2012

Made

19th June 2012

Laid before Parliament

25th June 2012

Coming into force

16th July 2012

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 41(1) and (3) of the British Nationality Act 1981(1).

Citation and commencement

1.  These Regulations may be cited as the British Nationality (General) (Amendment) Regulations 2012 and shall come into force on 16th July 2012.

Amendments to the British Nationality (General) Regulations 2003

2.—(1) The British Nationality (General) Regulations 2003(2) are amended as follows.

(2) For regulation 4(1)(d) substitute—

(d)if the applicant is in Hong Kong 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;.

(3) For regulation 4(1)(e) substitute—

(e)if the applicant is elsewhere, to the Secretary of State at the Home Office..

(4) For regulation 9(d) substitute—

(d)if the declarant is in Hong Kong 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;.

(5) For regulation 9(e) substitute—

(e)if the declarant is elsewhere, to the Secretary of State at the Home Office..

Damian Green

Minister of State

Home Office

19th June 2012

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the British Nationality (General) Regulations 2003, which prescribe the procedure for making applications for registration or naturalisation as a British citizen and for making a declaration of renunciation of British citizenship. The effect of the amendments is that applications for registration or naturalisation as a British citizen and declarations of renunciation of British citizenship made overseas must be made to the Home Office rather than consular officers or representatives of the Foreign and Commonwealth Office. The exceptions are Hong Kong and the British overseas territories where the procedure is unchanged. A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

(1)

1981 c.61; there are amendments to section 41(1) and (3) but they are not relevant to these Regulations. See section 50(1) for the definition of “prescribed”.

(2)

S.I. 2003/548, to which there are amendments not relevant to these Regulations.

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