2019 No. 1164

Nationality

The British Nationality Act 1981 (Remedial) Order 2019

Made

Coming into force

The good character test in section 41A of the British Nationality Act 19811 has been declared2 under section 4 of the Human Rights Act 19983 to be incompatible with a Convention right4, in so far as it applies to applications for registration as a British citizen under sections 4C5 and 4F to 4I6 of the British Nationality Act 1981.

The Secretary of State considers that there are compelling reasons for proceeding by way of a remedial order7 to make such amendments to the British Nationality Act 1981 as are necessary to remove that incompatibility.

In accordance with paragraph 2(a) of Schedule 2 to the Human Rights Act 1998, a draft of this instrument was laid before Parliament and was approved by resolution of each House of Parliament, a document containing a draft of this instrument having previously been laid before Parliament in accordance with paragraph 3(1) of that Schedule.

Accordingly, the Secretary of State makes the following Order, in exercise of the powers conferred by section 10(2) of, and paragraph 1(1)(a) and (d), (2) and (3) of Schedule 2 to, the Human Rights Act 1998.