British Nationality Act 1981
1981 c. 61
An Act to make fresh provision about citizenship and nationality, and to amend the Immigration Act 1971 as regards the right of abode in the United Kingdom.
Act extended by British Nationality (Falkland Islands) Act 1983 (c. 6, SIF 87), s. 3(1); restricted by British Nationality (Falkland Islands) Act 1983 (c. 6, SIF 87), s. 3(2); amended by S.I. 1983/1699, art. 2(1) and amended by British Nationality (Hong Kong) Act 1990 (c. 34, SIF 87), s. 2(1)
Act modified: (18.7.1996) by 1996 c. 41, s. 2(1); (19.3.1997) by 1997 c. 20, s. 2(1)
Act applied (19.3.1997) by 1997 c. 20, s. 1(8)
Act amended (2.10.2000) by S.I. 2000/2326, art. 8
Act modified (21.5.2002) by British Overseas Territories Act 2002 (c. 8), s. 3(3); S.I. 2002/1252, art. 2
Act modified (21.5.2002) by British Overseas Territories Act 2002 (c. 8), s. 6(2); S.I. 2002/1252, art. 2
Act modified (21.5.2002) by British Overseas Territories Act 2002 (c. 8), s. 6(4); S.I. 2002/1252, art. 2
Act modified (1.1.2004) by Nationality Immigration and Asylum Act 2002 (c. 41), ss. 14, 162 (with s. 159); S.I. 2003/3156, art. 2(b) (with arts. 3, 4)
Act modified (30.4.2006) by The Immigration (European Economic Area) Regulations 2006 (S.I. 2006/1003), Sch. 2 para. 2
Part I British Citizenship
Acquisition after commencementF27F28F29
S. 4A inserted (21.5.2002) by the British Overseas Territories Act 2002 (c. 8), s. 4; S.I. 2002/1252, art. 2
S. 4B inserted (30.4.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 12(1), 162 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1 (with arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, art. 2 and S.I. 2003/1339, art. 4))
S. 4C inserted (30.4.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 13(1), 162 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1 (with arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, art. 2 and S.I. 2003/1339, art. 4))
1 Acquisition by birth or adoption.
C71
A person born in the United Kingdom after commencement F1, or in a qualifying territory on or after the appointed day, shall be a British citizen if at the time of the birth his father or mother is—
a
a British citizen; or
b
settled in the United Kingdom F2or that territory.
2
A new-born infant who, after commencement, is found abandoned in the United Kingdom F3, or on or after the appointed day is found abandoned in a qualifying territory, shall, unless the contrary is shown, be deemed for the purposes of subsection (1)—
a
to have been born in the United Kingdom after commencement F4or in that territory on or after the appointed day; and
b
to have been born to a parent who at the time of the birth was a British citizen or settled in the United Kingdom F5or that territory.
3
A person born in the United Kingdom after commencement who is not a British citizen by virtue of subsection (1) or (2) shall be entitled to be registered as a British citizen if, while he is a minor—
a
his father or mother becomes a British citizen or becomes settled in the United Kingdom; and
b
an application is made for his registration as a British citizen.
4
A person born in the United Kingdom after commencement who is not a British citizen by virtue of subsection (1) or (2) shall be entitled, on an application for his registration as a British citizen made at any time after he has attained the age of ten years, to be registered as such a citizen if, as regards each of the first ten years of that person’s life, the number of days on which he was absent from the United Kingdom in that year does not exceed 90.
F65
Where—
a
any court in the United Kingdom F7or, on or after the appointed day, any court in a qualifying territory makes an order authorising the adoption of a minor who is not a British citizen; or
b
a minor who is not a British citizen is adopted under a Convention adoption,
that minor shall, if the requirements of subsection (5A) are met, be a British citizen as from the date on which the order is made or the Convention adoption is effected, as the case may be.
5A
Those requirements are that on the date on which the order is made or the Convention adoption is effected (as the case may be)—
a
the adopter or, in the case of a joint adoption, one of the adopters is a British citizen; and
b
in a case within subsection (5)(b), the adopter or, in the case of a joint adoption, both of the adopters are habitually resident in the United Kingdom.
6
Where an order F8or a Convention adoption in consequence of which any person became a British citizen by virtue of subsection (5) ceases to have effect, whether on annulment or otherwise, the cesser shall not affect the status of that person as a British citizen.
7
If in the special circumstances of any particular case the Secretary of State thinks fit, he may for the purposes of subsection (4) treat the person to whom the application relates as fulfilling the requirement specified in that subsection although, as regards any one or more of the first ten years of that person’s life, the number of days on which he was absent from the United Kingdom in that year or each of the years in question exceeds 90.
8
2 Acquisition by descent.
1
A person born outside the United Kingdom F9and the qualifying territories after commencement shall be a British citizen if at the time of the birth his father or mother—
a
is a British citizen otherwise than by descent; or
b
c
is a British citizen and is serving outside the United Kingdom F12and the qualifying territories in service under a Community institution, his or her recruitment for that service having taken place in a country which at the time of the recruitment was a member of the Communities.
2
Paragraph (b) of subsection (1) applies to—
a
Crown service under the government of the United Kingdom F13or of a qualifying territory; and
b
service of any description for the time being designated under subsection (3).
3
For the purposes of this section the Secretary of State may by order made by statutory instrument designate any description of service which he considers to be closely associated with the activities outside the United Kingdom F14and the qualifying territories of Her Majesty’s government in the United Kingdom F15or in a qualifying territory.
4
Any order made under subsection (3) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
3 Acquisition by registration: minors.
1
If while a person is a minor an application is made for his registration as a British citizen, the Secretary of State may, if he thinks fit, cause him to be registered as such a citizen.
2
A person born outside the United Kingdom F16and the qualifying territories shall be entitled, on an application for his registration as a British citizen made within the period of twelve months from the date of birth, to be registered as such a citizen if the requirements specified in subsection (3) or, in the case of a person born stateless, the requirements specified in paragraphs (a) and (b) of that subsection, are fulfilled in the case of either that person’s father or his mother (“the parent in question”).
3
The requirements referred to in subsection (2) are—
a
that the parent in question was a British citizen by descent at the time of the birth; and
b
that the father or mother of the parent in question—
i
was a British citizen otherwise than by descent at the time of the birth of the parent in question; or
ii
became a British citizen otherwise than by descent at commencement, or would have become such a citizen otherwise than by descent at commencement but for his or her death; and
c
that, as regards some period of three years ending with a date not later than the date of the birth—
i
the parent in question was in the United Kingdom F17or a qualifying territory at the beginning of that period; and
ii
the number of days on which the parent in question was absent from the United Kingdom F18and the qualifying territories in that period does not exceed 270.
4
If in the special circumstances of any particular case the Secretary of State thinks fit, he may treat subsection (2) as if the reference to twelve months were a reference to six years.
5
A person born outside the United Kingdom F19and the qualifying territories shall be entitled, on an application for his registration as a British citizen made while he is a minor, to be registered as such a citizen if the following requirements are satisfied, namely—
a
that at the time of that person’s birth his father or mother was a British citizen by descent; and
b
subject to subsection (6), that that person and his father and mother were in the United Kingdom F20or a qualifying territory at the beginning of the period of three years ending with the date of the application and that, in the case of each of them, the number of days on which the person in question was absent from the United Kingdom F21and the qualifying territories in that period does not exceed 270; and
c
subject to subsection (6), that the consent of his father and mother to the registration has been signified in the prescribed manner.
6
In the case of an application under subsection (5) for the registration of a person as a British citizen—
a
if his father or mother died, or their marriage was terminated, on or before the date of the application, or his father and mother were legally separated on that date, the references to his father and mother in paragraph (b) of that subsection shall be read either as references to his father or as references to his mother;
b
if his father or mother died on or before that date, the reference to his father and mother in paragraph (c) of that subsection shall be read as a reference to either of them; and
c
if he was born illegitimate, all those references shall be read as references to his mother.
4 Acquisition by registration: F22British overseas territories citizensetc.
1
C8C92
A person to whom this section applies shall be entitled, on an application for his registration as a British citizen, to be registered as such a citizen if the following requirements are satisfied in the case of that person, namely—
a
subject to subsection (3), that he was in the United Kingdom at the beginning of the period of five years ending with the date of the application and that the number of days on which he was absent from the United Kingdom in that period does not exceed 450; and
b
that the number of days on which he was absent from the United Kingdom in the period of twelve months so ending does not exceed 90; and
c
that he was not at any time in the period of twelve months so ending subject under the immigration laws to any restriction on the period for which he might remain in the United Kingdom; and
d
that he was not at any time in the period of five years so ending in the United Kingdom in breach of the immigration laws.
3
So much of subsection (2)(a) as requires the person in question to have been in the United Kingdom at the beginning of the period there mentioned shall not apply in relation to a person who was settled in the United Kingdom immediately before commencement.
C104
If in the special circumstances of any particular case the Secretary of State thinks fit, he may for the purposes of subsection (2) do all or any of the following things, namely—
a
treat the person to whom the application relates as fulfilling the requirement specified in subsection (2)(a) or subsection (2)(b), or both, although the number of days on which he was absent from the United Kingdom in the period there mentioned exceeds the number there mentioned;
b
disregard any such restriction as is mentioned in subsection (2)(c), not being a restriction to which that person was subject on the date of the application;
c
treat that person as fulfilling the requirement specified in subsection (2)(d) although he was in the United Kingdom in breach of the immigration laws in the period there mentioned.
C115
If, on an application for registration as a British citizen made by a person to whom this section applies, the Secretary of State is satisfied that the applicant has at any time served in service to which this subsection applies, he may, if he thinks fit in the special circumstances of the applicant’s case, cause him to be registered as such a citizen.
6
Subsection (5) applies to—
a
Crown service under the government of a F25British overseas territory; and
b
paid or unpaid service (not falling within paragraph (a)) as a member of any body established by law in a F25British overseas territory members of which are appointed by or on behalf of the Crown.
C124AF27 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.
F284B Acquisition by registration: certain persons without other citizenship
1
This section applies to a person who has the status of—
a
British Overseas citizen,
b
British subject under this Act, or
c
British protected person.
2
A person to whom this section applies shall be entitled to be registered as a British citizen if—
a
he applies for registration under this section,
b
the Secretary of State is satisfied that the person does not have, apart from the status mentioned in subsection (1), any citizenship or nationality, and
c
the Secretary of State is satisfied that the person has not after 4th July 2002 renounced, voluntarily relinquished or lost through action or inaction any citizenship or nationality.
F29C134C Acquisition by registration: certain persons born between 1961 and 1983
1
A person is entitled to be registered as a British citizen if—
a
he applies for registration under this section, and
b
he satisfies each of the following conditions.
2
The first condition is that the applicant was born after 7th February 1961 and before 1st January 1983.
3
The second condition is that the applicant would at some time before 1st January 1983 have become a citizen of the United Kingdom and Colonies by virtue of section 5 of the British Nationality Act 1948 (c. 56) if that section had provided for citizenship by descent from a mother in the same terms as it provided for citizenship by descent from a father.
4
The third condition is that immediately before 1st January 1983 the applicant would have had the right of abode in the United Kingdom by virtue of section 2 of the Immigration Act 1971 (c. 77) had he become a citizen of the United Kingdom and Colonies as described in subsection (3) above.
4DF30Acquisition by registration: children of members of the armed forces
1
A person (“P”) born outside the United Kingdom and the qualifying territories on or after the relevant day is entitled to be registered as a British citizen if—
a
an application is made for P's registration under this section; and
b
each of the following conditions is satisfied.
2
The first condition is that, at the time of P's birth, P's father or mother was—
a
a member of the armed forces; and
b
serving outside the United Kingdom and the qualifying territories.
3
The second condition is that, if P is a minor on the date of the application, the consent of P's father and mother to P's registration as a British citizen has been signified in the prescribed manner.
4
But if P's father or mother has died on or before the date of the application, the reference in subsection (3) to P's father and mother is to be read as a reference to either of them.
5
The Secretary of State may, in the special circumstances of a particular case, waive the need for the second condition to be satisfied.
6
The relevant day for the purposes of this section is the day appointed for the commencement of section 46 of the Borders, Citizenship and Immigration Act 2009 (which inserted this section).
C145 Acquisition by registration: nationals for purposes of the Community Treaties.
A F26British overseas territories citizen who falls to be treated as a national of the United Kingdom for the purposes of the Community Treaties shall be entitled to be registered as a British citizen if an application is made for his registration as such a citizen.
6 Acquisition by naturalisation.
1
If, on an application for naturalisation as a British citizen made by a person of full age and capacity, the Secretary of State is satisfied that the applicant fulfils the requirements of Schedule 1 for naturalisation as such a citizen under this subsection, he may, if he thinks fit, grant to him a certificate of naturalisation as such a citizen.
2
If, on an application for naturalisation as a British citizen made by a person of full age and capacity who on the date of the application is married to a British citizen, the Secretary of State is satisfied that the applicant fulfils the requirements of Schedule 1 for naturalisation as such a citizen under this subsection, he may, if he thinks fit, grant to him a certificate of naturalisation as such a citizen.
Acquisition after commencement: special cases
7 Right to registration by virtue of residence in U.K. or relevant employment.
F181. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8 Registration by virtue of marriage.
F182. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9 Right to registration by virtue of father’s citizenship etc.
F183. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10 Registration following renunciation of citizenship of U.K. and Colonies.
1
Subject to subsection (3), a person shall be entitled, on an application for his registration as a British citizen, to be registered as such a citizen if immediately before commencement he would (had he applied for it) have been entitled under section 1(1) of the M1British Nationality Act 1964 (resumption of citizenship) to be registered as a citizen of the United Kingdom and Colonies by virtue of having an appropriate qualifying connection with the United Kingdom or F31. . . by virtue of having been married before commencement to a person who has, or would if living have, such a connection.
2
On an application for his registration as a British citizen made by a person of full capacity who had before commencement ceased to be a citizen of the United Kingdom and Colonies as a result of a declaration of renunciation, the Secretary of State may, if he thinks fit, cause that person to be registered as a British citizen if that person—
a
has an appropriate qualifying connection with the United Kingdom; or
b
F31. . . has been married to a person who has, or would if living have, such a connection.
3
A person shall not be entitled to registration under subsection (1) on more than one occasion.
4
For the purposes of this section a person shall be taken to have an appropriate qualifying connection with the United Kingdom if he, his father or his father’s father—
a
was born in the United Kingdom; or
b
is or was a person naturalised in the United Kingdom; or
c
was registered as a citizen of the United Kingdom and Colonies in the United Kingdom or in a country which at the time was mentioned in section 1(3) of the 1948 Act.
Acquisition at commencement
11 Citizens of U.K. and Colonies who are to become British citizens at commencement.
1
Subject to subsection (2), a person who immediately before commencement—
a
was a citizen of the United Kingdom and Colonies; and
b
had the right of abode in the United Kingdom under the M2Immigration Act 1971 as then in force,
shall at commencement become a British citizen.
2
A person who was registered as a citizen of the United Kingdom and Colonies under section 1 of the M3British Nationality (No. 2) Act 1964 (stateless persons) on the ground mentioned in subsection (1)(a) of that section (namely that his mother was a citizen of the United Kingdom and Colonies at the time when he was born) shall not become a British citizen under subsection (1) unless—
a
his mother becomes a British citizen under subsection (1) or would have done so but for her death; or
b
immediately before commencement he had the right of abode in the United Kingdom by virtue of section 2(1)(c) of the Immigration Act 1971 as then in force (settlement in United Kingdom, combined with five or more years’ ordinary residence there as a citizen of the United Kingdom and Colonies).
3
A person who—
a
immediately before commencement was a citizen of the United Kingdom and Colonies by virtue of having been registered under subsection (6) of section 12 of the 1948 Act (British subjects before commencement of 1948 Act becoming citizens of United Kingdom and Colonies) under arrangements made by virtue of subsection (7) of that section (registration in independent Commonwealth country by United Kingdom High Commissioner); and
b
was so registered on an application under the said subsection (6) based on the applicant’s descent in the male line from a person (“the relevant person”) possessing one of the qualifications specified in subsection (1)(a) and (b) of that section (birth or naturalisation in the United Kingdom and Colonies),
shall at commencement become a British citizen if the relevant person was born or naturalised in the United Kingdom.
Renunciation and resumption C17
S. 12 extended by S.I. 1986/948, art. 7(10)
C1512 Renunciation.
1
If any British citizen of full age and capacity makes in the prescribed manner a declaration of renunciation of British citizenship, then, subject to subsections (3) and (4), the Secretary of State shall cause the declaration to be registered.
2
On the registration of a declaration made in pursuance of this section the person who made it shall cease to be a British citizen.
3
A declaration made by a person in pursuance of this section shall not be registered unless the Secretary of State is satisfied that the person who made it will after the registration have or acquire some citizenship or nationality other than British citizenship; and if that person does not have any such citizenship or nationality on the date of registration and does not acquire some such citizenship or nationality within six months from that date, he shall be, and be deemed to have remained, a British citizen notwithstanding the registration.
4
The Secretary of State may withhold registration of any declaration made in pursuance of this section if it is made during any war in which Her Majesty may be engaged in right of Her Majesty’s government in the United Kingdom.
5
For the purposes of this section any person who has been married shall be deemed to be of full age.
13 Resumption.
C161
Subject to subsection (2), a person who has ceased to be a British citizen as a result of a declaration of renunciation shall be entitled, on an application for his registration as a British citizen, to be registered as such a citizen if—
a
he is of full capacity; and
b
his renunciation of British citizenship was necessary to enable him to retain or acquire some other citizenship or nationality.
2
A person shall not be entitled to registration under subsection (1) on more than one occasion.
C163
If a person of full capacity who has ceased to be a British citizen as a result of a declaration of renunciation (for whatever reason made) makes an application for his registration as such a citizen, the Secretary of State may, if he thinks fit, cause him to be registered as such a citizen.
Supplementary
14 Meaning of British citizen (by descent).
1
For the purposes of this Act a British citizen is a British citizen “by descent” if and only if—
a
he is a person born outside the United Kingdom after commencement who is a British citizen by virtue of section 2(1)(a) only or by virtue of registration under section 3(2) or 9; or
b
subject to subsection (2), he is a person born outside the United Kingdom before commencement who became a British citizen at commencement and immediately before commencement—
i
was a citizen of the United Kingdom and Colonies by virtue of section 5 of the 1948 Act (citizenship by descent); or
ii
was a person who, under any provision of the British Nationality Acts 1948 to 1965, was deemed for the purposes of the proviso to section 5(1) of the 1948 Act to be a citizen of the United Kingdom and Colonies by descent only, or would have been so deemed if male; or
iii
had the right of abode in the United Kingdom by virtue only of paragraph (b) of subsection (1) of section 2 of the M4Immigration Act 1971 as then in force (connection with United Kingdom through parent or grandparent), or by virtue only of that paragraph and paragraph (c) of that subsection (settlement in United Kingdom with five years’ ordinary residence there), or by virtue only of being or having been the wife of a person who immediately before commencement had that right by virtue only of the said paragraph (b) or the said paragraphs (b) and (c); or
iv
being a woman, was a citizen of the United Kingdom and Colonies as a result of her registration as such a citizen under section 6(2) of the 1948 Act by virtue of having been married to a man who at commencement became a British citizen by descent or would have done so but for his having died or ceased to be a citizen of the United Kingdom and Colonies as a result of a declaration of renunciation; or
c
he is a British citizen by virtue of registration under section 3(1) and either—
i
his father or mother was a British citizen at the time of the birth; or
ii
his father or mother was a citizen of the United Kingdom and Colonies at that time and became a British citizen at commencement, or would have done so but for his or her death; or
e
subject to subsection (2), being a woman born outside the United Kingdom before commencement, she is a British citizen as a result of her registration as such a citizen under section 8 by virtue of being or having been married to a man who at commencement became a British citizen by descent or would have done so but for his having died or ceased to be a citizen of the United Kingdom and Colonies as a result of a declaration of renunciation; or
f
he is a British citizen by virtue of registration under section 10 who, having before commencement ceased to be a citizen of the United Kingdom and Colonies as a result of a declaration of renunciation, would, if he had not so ceased, have at commencement become a British citizen by descent by virtue of paragraph (b); or
g
he is a British citizen by virtue of registration under section 13 who, immediately before he ceased to be a British citizen as a result of a declaration of renunciation, was such a citizen by descent; or
h
he is a person born in a F34 British overseas territory after commencement who is a British citizen by virtue of paragraph 2 of Schedule 2.
2
A person born outside the United Kingdom before commencement is not a British citizen “by descent” by virtue of subsection (1)(b) or (e) if his father was at the time of his birth serving outside the United Kingdom—
a
in service of a description mentioned in subsection (3), his recruitment for the service in question having taken place in the United Kingdom; or
b
in service under a Community institution, his recruitment for that service having taken place in a country which at the time of the recruitment was a member of the Communities.
3
The descriptions of service referred to in subsection (2) are—
a
Crown service under the government of the United Kingdom; and
b
service of any description at any time designated under section 2(3).
C19Part IIF61British overseas territories citizenship
Pt. II heading substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(a)
Pt. II (ss. 15–25) excluded by S.I. 1983/882, art. 2(3)
Acquisition after commencement
15 Acquisition by birth or adoption.
1
A person born in a F35 British overseas territory after commencement shall be a F36British overseas territories citizen if at the time of the birth his father or mother is—
a
a F37British overseas territories citizen ; or
b
settled in a F38 British overseas territory .
2
A new-born infant who, after commencement, is found abandoned in a F38 British overseas territory shall, unless the contrary is shown, be deemed for the purposes of subsection (1)—
a
to have been born in that territory after commencement; and
3
A person born in a F38 British overseas territory after commencement who is not a F37British overseas territories citizen by virtue of subsection (1) or (2) shall be entitled to be registered as such a citizen if, while he is a minor—
a
his father or mother becomes such a citizen or becomes settled in a F38 British overseas territory ; and
b
an application is made for his registration as such a citizen.
4
A person born in a F38 British overseas territory after commencement who is not a F37British overseas territories citizen by virtue of subsection (1) or (2) shall be entitled, on an application for his registration as a F37British overseas territories citizen made at any time after he has attained the age of ten years, to be registered as such a citizen if, as regards each of the first ten years of that person’s life, the number of days on which he was absent from that territory in that year does not exceed 90.
5
Where after commencement an order authorising the adoption of a minor who is not a F37British overseas territories citizen is made by a court in any F38 British overseas territory , he shall be a F37British overseas territories citizen as from the date on which the order is made if the adopter or, in the case of a joint adoption, one of the adopters, is a F37British overseas territories citizen on that date.
6
Where an order in consequence of which any person became a F39British overseas territories citizen by virtue of subsection (5) ceases to have effect, whether on annulment or otherwise, the cesser shall not affect the status of that person as such a citizen.
7
If in the special circumstances of any particular case the Secretary of State thinks fit, he may for the purposes of subsection (4) treat the person to whom the application relates as fulfilling the requirements specified in that subsection although, as regards any one or more of the first ten years of that person’s life, the number of days on which he was absent from the F38 British overseas territory there mentioned in that year or each of the years in question exceeds 90.
16 Acquisition by descent.
1
A person born outside the F40British overseas territories after commencement shall be a F41British overseas territories citizen if at the time of the birth his father or mother—
a
is such a citizen otherwise than by descent; or
2
Paragraph (b) of subsection (1) applies to—
a
Crown service under the government of a F42 British overseas territory ; and
b
service of any description for the time being designated under subsection (3).
3
For the purposes of this section the Secretary of State may by order made by statutory instrument designate any description of service which he considers to be closely associated with the activities outside the F40British overseas territories of the government of any F43 British overseas territory .
4
Any order made under subsection (3) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
17 Acquisition by registration: minors.
1
If while a person is a minor an application is made for his registration as a F44British overseas territories citizen the Secretary of State may, if the thinks fit, cause him to be registered as such a citizen.
2
A person born outside the F45British overseas territories shall be entitled, on an application for his registration as a F44British overseas territories citizen made within the period of twelve months from the date of the birth, to be registered as such a citizen if the requirements specified in subsection (3) or, in the case of a person born stateless, the requirements specified in paragraphs (a) and (b) of that subsection, are fulfilled in the case of either that person’s father or his mother (“the parent in question”).
3
The requirements referred to in subsection (2) are—
a
that the parent in question was a F44British overseas territories citizen by descent at the time of the birth; and
b
that the father or mother of the parent in question—
i
was a F44British overseas territories citizen otherwise than by descent at the time of the birth of the parent in question; or
ii
became a F44British overseas territories citizen otherwise than by descent at commencement, or would have become such a citizen otherwise than by descent at commencement but for his or her death; and
c
that, as regards some period of three years ending with a date not later than the date of the birth—
i
the parent in question was in a F46British overseas territory at the beginning of that period; and
ii
the number of days on which the parent in question was absent from that territory in that period does not exceed 270.
4
If in the special circumstances of any particular case the Secretary of State thinks fit, he may treat subsection (2) as if the reference to twelve months were a reference to six years.
5
A person born outside the F45British overseas territories shall be entitled, and on application for his registration as a F44British overseas territories citizen made while he is a minor, to be registered as such a citizen if the following requirements are satisfied, namely—
a
that at the time of that person’s birth his father or mother was a F44British overseas territories citizen by descent; and
b
subject to subsection (6), that that person and his father and mother were in one and the same F46British overseas territory(no matter which) at the beginning of the period of three years ending with the date of the application and that, in the case of each of them, the number of days on which the person in question was absent from the last-mentioned territory in that period does not exceed 270; and
c
subject to subsection (6), that the consent of his father and mother to the registration has been signified in the prescribed manner.
6
In the case of an application under subsection (5) for the registration of a person as a F44British overseas territories citizen—
a
if his father or mother died, or their marriage was terminated, on or before the date of the application, or his father and mother were legally separated on that date, the references to his father and mother in paragraph (b) of that subsection shall be read either as references to his father or as references to his mother;
b
if his father or mother died on or before that date, the reference to his father and mother in paragraph (c) of that subsection shall be read as a reference to either of them; and
c
if he was born illegitimate, all those references shall be read as references to his mother.
18 Acquisition by naturalisation.
1
If, on an application for naturalisation as a F47British overseas territories citizen made by a person of full age and capacity, the Secretary of State is satisfied that the applicant fulfils the requirements of Schedule 1 for naturalisation as such a citizen under this subsection, he may, if he thinks fit, grant to him a certificate of naturalisation as such a citizen.
2
If, on an application for naturalisation as a F47British overseas territories citizen made by a person of full age and capacity who on the date of the application is married to such a citizen, the Secretary of State is satisfied that the applicant fulfils the requirements of Schedule 1 for naturalisation as such a citizen under this subsection, he may, if he thinks fit, grant to him a certificate of naturalisation as such a citizen.
3
Every application under this section shall specify the F48British overseas territory which is to be treated as the relevant territory for the purposes of that application; and, in relation to any such application, references in Schedule 1 to the relevant territory shall be construed accordingly.
Acquisition after commencement: special cases
19 Right to registration by virtue of residence in F49British overseas territory.
F184. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
20 Registration by virtue of marriage.
F185. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
21 Right to registration by virtue of father’s citizenship etc.
F186. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
22 Right to registration replacing right to resume citizenship of U.K. and Colonies.
1
Subject to subsection (3), a person shall be entitled, on an application for his registration as a F50British overseas territories citizen, to be registered as such a citizen if immediately before commencement he would (had he applied for it) have been entitled under section 1(1) of the M5British Nationality Act 1964 (resumption of citizenship) to be registered as a citizen of the United Kingdom and Colonies by virtue of having an appropriate qualifying connection with a F51British overseas territory or F52. . . by virtue of having been married before commencement to a person who has, or would if living have, such a connection.
2
On an application for his registration as a F50British overseas territories citizen made by a person of full capacity who had before commencement ceased to be a citizen of the United Kingdom and Colonies as a result of a declaration of renunciation, the Secretary of State may, if he thinks fit, cause that person to be registered as a F50British overseas territories citizen if that person—
a
has an appropriate qualifying connection with a F51British overseas territory; or
b
F52. . . has been married to a person who has, or would if living have, such a connection.
3
A person shall not be entitled to registration under subsection (1) on more than one occasion.
4
For the purposes of this section a person shall be taken to have an appropriate qualifying connection with a F51British overseas territory if he, his father or his father’s father—
a
was born in that territory; or
b
is or was a person naturalised in that territory; or
c
was registered as a citizen of the United Kingdom and Colonies in that territory; or
d
became a British subject by reason of the annexation of any territory included in that territory.
Acquisition at commencement
23 Citizens of U.K. and Colonies who are to become F53British overseas territories citizens at commencement.
1
A person shall at commencement become a F54British overseas territories citizen if—
a
immediately before commencement he was a citizen of the United Kingdom and Colonies who had that citizenship by his birth, naturalisation or registration in a F55British overseas territory ; or
b
he was immediately before commencement a citizen of the United Kingdom and Colonies, and was born to a parent—
i
who at the time of the birth (“the material time”) was a citizen of the United Kingdom and Colonies; and
ii
who either had that citizenship at the material time by his birth, naturalisation or registration in a F55British overseas territory or was himself born to a parent who at the time of that birth so had that citizenship; or
c
being a woman, she was immediately before commencement a citizen of the United Kingdom and Colonies and either was then, or had at any time been, the wife of a man who under paragraph (a) or (b) becomes a F54British overseas territories citizen at commencement or would have done so but for his death.
2
A person shall at commencement become a F54British overseas territories citizen if—
a
immediately before commencement he was a citizen of the United Kingdom and Colonies by virtue of registration under section 7 of the 1948 Act (minor children) or section 1 of the M6British Nationality (No. 2) Act 1964 (stateless persons); and
b
he was so registered otherwise than in a F55British overseas territory ; and
c
his father or mother (in the case of a person registered under the said section 7) or his mother (in the case of a person registered under the said section 1)—
i
was a citizen of the United Kingdom and Colonies at the time of the registration or would have been such a citizen at that time but for his or her death; and
ii
becomes a F54British overseas territories citizen at commencement or would have done so but for his or her death.
3
A person who—
a
immediately before commencement was a citizen of the United Kingdom and Colonies by virtue of having been registered under subsection (6) of section 12 of the 1948 Act (British subjects before commencement of 1948 Act becoming citizens of United Kingdom and Colonies) otherwise than in a F55British overseas territory ; and
b
was so registered on an application under that subsection based on the applicant’s descent in the male line from a person (“the relevant person”) possessing one of the qualifications specified in subsection (1) of that section (birth or naturalisation in the United Kingdom and Colonies, or acquisition of the status of British subject by reason of annexation of territory),
shall at commencement become a F54British overseas territories citizen if the relevant person—
i
was born or naturalised in a F55British overseas territory ; or
ii
became a British subject by reason of the annexation of any territory included in a F55British overseas territory .
4
A person who—
a
immediately before commencement was a citizen of the United Kingdom and Colonies by virtue of registration under section 1 of the M7British Nationality Act 1964 (resumption of citizenship); and
b
was so registered otherwise than in a F55British overseas territory ; and
c
was so registered by virtue of having an appropriate qualifying connection with a F55British overseas territory or, if a woman, by virtue of having been married to a person who at the time of the registration had or would, if then living, have had such a connection,
shall at commencement become a F54British overseas territories citizen .
5
For the purposes of subsection (4) a person shall be taken to have an appropriate qualifying connection with a F55British overseas territory if he, his father or his father’s father—
a
was born in a F55British overseas territory ; or
b
is or was a person naturalised in a F55British overseas territory ; or
c
was registered as a citizen of the United Kingdom and Colonies in a F55British overseas territory ; or
d
became a British subject by reason of the annexation of any territory included in a F55British overseas territory .
6
For the purposes of subsection (1)(b) references to citizenship of the United Kingdom and Colonies shall, in relation to a time before the year 1949, be construed as references to British nationality.
Renunciation and resumption
C1824 Renunciation and resumption.
Supplementary
25 Meaning of F58British overseas territories citizen“by descent”.
1
For the purposes of this Act a F58British overseas territories citizen is such a citizen “by descent” if and only if—
a
b
subject to subsection (2), he is a person born outside the F59British overseas territories before commencement who became a F58British overseas territories citizen at commencement and immediately before commencement—
i
was a citizen of the United Kingdom and Colonies by virtue of section 5 of the 1948 Act (citizenship by descent); or
ii
was a person who, under any provision of the British Nationality Acts 1948 to 1965, was deemed for the purposes of the proviso to section 5(1) of the 1948 Act to be a citizen of the United Kingdom and Colonies by descent only, or would have been so deemed if male; or
c
he is a F58British overseas territories citizen by virtue of registration under section 17(1) and either—
i
his father or mother was a F58British overseas territories citizen at the time of the birth; or
ii
his father or mother was a citizen of the United Kingdom and Colonies at that time and became a F58British overseas territories citizen at commencement, or would have done so but for his or her death; or
d
e
subject to subsection (2), being a woman, she became a F58British overseas territories citizen at commencement under section 23(1)(c) only, and did so only by virtue of having been, immediately before commencement or earlier, the wife of a man who immediately after commencement was, or would but for his death have been, a F58British overseas territories citizen by descent by virtue of paragraph (b) or (d) of this subsection; or
f
subject to subsection (2), being a woman born outside the F59British overseas territories before commencement, she is a F58British overseas territories citizen as a result of her registration as such a citizen under section 20 by virtue of being or having been married to a man who at commencement became such a citizen by descent or would have done so but for his having died or ceased to be a citizen of the United Kingdom and Colonies as a result of a declaration of renunciation; or
g
he is a F58British overseas territories citizen by virtue of registration under section 22 who, having before commencement ceased to be a citizen of the United Kingdom and Colonies as a result of a declaration of renunciation, would, if he had not so ceased, have at commencement become a F58British overseas territories citizen by descent by virtue of paragraph (b), (d) or (e);
h
i
he is a person born in the United Kingdom after commencement who is a F58British overseas territories citizen by virtue of paragraph 1 of Schedule 2.
2
A person born outside the F59British overseas territories before commencement is not a F58British overseas territories citizen“by descent” by virtue of subsection (1)(b), (d), (e) or (f) if his father was at the time of his birth serving outside the F59British overseas territories in service of a description mentioned in subsection (3), his recruitment for the service in question having taken place in a F60British overseas territory .
3
The descriptions of service referred to in subsection (2) are—
a
Crown service under the government of a F60British overseas territory ; and
b
service of any description at any time designated under section 16(3).
Part III British Overseas Citizenship
26 Citizens of U.K. and Colonies who are to become British Overseas citizens at commencement.
Any person who was a citizen of the United Kingdom and Colonies immediately before commencement and who does not at commencement become either a British citizen or a F62British overseas territories citizen shall at commencement become a British Overseas citizen.
27 Registration of minors.
C201
If while a person is a minor an application is made for his registration as a British Overseas citizen, the Secretary of State may, if he thinks fit, cause him to be registered as such a citizen.
2
F187. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28 Registration by virtue of marriage.
F188. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
29 Renunciation.
The provisions of section 12 shall apply in relation to British Overseas citizens and British Overseas citizenship as they apply in relation to British citizens and British citizenship.
Part IV British Subjects
30 Continuance as British subjects of existing British subjects of certain descriptions.
A person who immediately before commencement was—
a
a British subject without citizenship by virtue of section 13 or 16 of the 1948 Act; or
b
a British subject by virtue of section 1 of the M8British Nationality Act 1965 (registration of alien women who have been married to British subjects of certain descriptions),
shall as from commencement be a British subject by virtue of this section.
31 Continuance as British subjects of certain former citizens of Eire.
1
A person is within this subsection if immediately before 1st January 1949 he was both a citizen of Eire and a British subject.
2
A person within subsection (1) who immediately before commencement was a British subject by virtue of section 2 of the 1948 Act (continuance of certain citizens of Eire as British subjects) shall as from commencement be a British subject by virtue of this subsection.
3
If at any time after commencement a citizen of the Republic of Ireland who is within subsection (1) but is not a British subject by virtue of subsection (2) gives notice in writing to the Secretary of State claiming to remain a British subject on either or both of the following grounds, namely—
a
that he is or has been in Crown Service under the government of the United Kingdom; and
b
that he has associations by way of descent, residence or otherwise with the United Kingdom or with any F63British overseas territory ,
he shall as from that time be a British subject by virtue of this subsection.
4
A person who is a British subject by virtue of subsection (2) or (3) shall be deemed to have remained a British subject from 1st January 1949 to the time when (whether already a British subject by virtue of the said section 2 or not) he became a British subject by virtue of that subsection.
C2132 Registration of minors.
If while a person is a minor an application is made for his registration as a British subject, the Secretary of State may, if he thinks fit, cause him to be registered as a British subject.
33 Registration of certain alien women entitled to registration as British subjects immediately before commencement.
F189. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
34 Renunciation.
The provisions of section 12 shall apply in relation to British subjects and the status of a British subject as they apply in relation to British citizens and British citizenship.
35 Circumstances in which British subjects are to lose that status.
A person who under this Act is a British subject otherwise than by virtue of section 31 shall cease to be such a subject if, in whatever circumstances and whether under this Act or otherwise, he acquires any other citizenship or nationality whatever.
C73Part V Miscellaneous and SupplementaryF108F110F111
Ss. 40, 40A substituted (1.4.2003) for s. 40 by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 4(1)(4), 162 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1 (with arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, art. 2 and S.I. 2003/1339, art. 4))
Ss. 42-42B substituted (1.1.2004) for s. 42 by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 3, 162, Sch. 1 para. 1 (with s. 159); S.I. 2003/3156, art. 2(a) (with arts. 3, 4)
Ss. 42-42B substituted (1.1.2004) for s. 42 by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 3, 162, Sch. 1 para. 1 (with s. 159); S.I. 2003/3156, art. 2(a) (with arts. 3, 4)
Pt. V (ss. 36–53) extended by S.I. 1983/882, art. 3(5)
C2236 Provisions for reducing statelessness.
The provisions of Schedule 2 shall have effect for the purpose of reducing statelessness.
C23C2437 Commonwealth citizenship.
1
Every person who—
C25a
b
under any enactment for the time being in force in any country mentioned in Schedule 3 is a citizen of that country,
shall have the status of a Commonwealth citizen.
2
Her Majesty may by Order in Council amend Schedule 3 by the alteration of any entry, the removal of any entry, or the insertion of any additional entry.
3
Any Order in Council made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
4
After commencement no person shall have the status of a Commonwealth citizen or the status of a British subject otherwise than under this Act.
38 British protected persons.
1
Her Majesty may by Order in Council made in relation to any territory which was at any time before commencement—
a
a protectorate or protected state for the purposes of the 1948 Act; or
b
a United Kingdom trust territory within the meaning of that Act,
declare to be British protected persons for the purposes of this Act any class of persons who are connected with that territory and are not citizens of any country mentioned in Schedule 3 which consists of or includes that territory.
2
Any Order in Council made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
X139 Amendment of Immigration Act 1971.
C261
The Immigration Act 1971 shall be amended in accordance with the following provisions of this section.
C272
For section 2 (statement of right of abode) there shall be substituted—
2 Statement of right of abode in United Kingdom.
1
A person is under this Act to have the right of abode in the United Kingdom if—
a
he is a British citizen; or
b
he is a Commonwealth citizen who—
i
immediately before the commencement of the British Nationality Act 1981 was a Commonwealth citizen having the right of abode in the United Kingdom by virtue of section 2(1)(d) or section 2(2) of this Act as then in force; and
ii
has not ceased to be a Commonwealth citizen in the meanwhile.
2
In relation to Commonwealth citizens who have the right of abode in the United Kingdom by virtue of subsection (1)(b) above, this Act, except this section and sections 3(9) and (9A), 5(2) and 13(3), shall apply as if they were British citizens; and in this Act, (except as aforesaid) “British citizen” shall be construed accordingly.
F683
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C284
In section 8 (except for special cases), after subsection (5) there shall be inserted—
5A
An order under subsection (2) above may, as regards any person or class of persons to whom it applies, provide for that person or class to be in specified circumstances regarded (notwithstanding the order) as settled in the United Kingdom for the purposes of section 1(1) of the British Nationality Act 1981.
F685
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C296
Schedule 4 (which contains further amendments of the M9Immigration Act 1971) shall have effect.
7
In section 90 of the M10Mental Health Act 1959 and section 82 of the M11Mental Health (Scotland) Act 1960 (removal of non-patrial in-patients to places outside the United Kingdom), for the words from “any patient” to “1971 and”
(which were susbtituted for “any person being an alien” by section 30(1) of the Immigration Act 1971) there shall be substituted “any patient who is neither a British citizen nor a Commonwealth citizen having the right of abode in the United Kingdom by virtue of section 2(1)(b) of the Immigration Act 1971, being a patient”
.
8
A certificate of patriality issued under the M12Immigration Act 1971 and in force immediately before commencement shall have effect after commencement as if it were a certificate of entitlement issued under that Act F69as in force after commencement, unless at commencement the holder ceases to have the right of abode in the United Kingdom.
F70C30C31C32C3340 Deprivation of citizenship.
1
In this section a reference to a person’s “citizenship status” is a reference to his status as—
a
a British citizen,
b
a British overseas territories citizen,
c
a British Overseas citizen,
d
a British National (Overseas),
e
a British protected person, or
f
a British subject.
2
The Secretary of State may by order deprive a person of a citizenship status if the Secretary of State is satisfied that the person has done anything seriously prejudicial to the vital interests of—
a
the United Kingdom, or
b
a British overseas territory.
3
The Secretary of State may by order deprive a person of a citizenship status which results from his registration or naturalisation if the Secretary of State is satisfied that the registration or naturalisation was obtained by means of—
a
fraud,
b
false representation, or
c
concealment of a material fact.
4
The Secretary of State may not make an order under subsection (2) if he is satisfied that the order would make a person stateless.
5
Before making an order under this section in respect of a person the Secretary of State must give the person written notice specifying—
a
that the Secretary of State has decided to make an order,
b
the reasons for the order, and
c
the person’s right of appeal under section 40A(1) or under section 2B of the Special Immigration Appeals Commission Act 1997 (c. 68).
6
Where a person acquired a citizenship status by the operation of a law which applied to him because of his registration or naturalisation under an enactment having effect before commencement, the Secretary of State may by order deprive the person of the citizenship status if the Secretary of State is satisfied that the registration or naturalisation was obtained by means of—
a
fraud,
b
false representation, or
c
concealment of a material fact.
F10840A Deprivation of citizenship: appeal
1
A person who is given notice under section 40(5) of a decision to make an order in respect of him under section 40 may appeal against the decision to F71the Asylum and Immigration Tribunal.
2
Subsection (1) shall not apply to a decision if the Secretary of State certifies that it was taken wholly or partly in reliance on information which in his opinion should not be made public—
a
in the interests of national security,
b
in the interests of the relationship between the United Kingdom and another country, or
c
otherwise in the public interest.
F723
The following provisions of the Nationality, Immigration and Asylum Act 2002 (c. 41) shall apply in relation to an appeal under this section as they apply in relation to an appeal under section 82 or 83 of that Act—
a
section 87 (successful appeal: direction) (for which purpose a direction may, in particular, provide for an order under section 40 above to be treated as having had no effect),
b
sections 103A to 103E (review and appeal),
c
section 106 (rules), and
d
section 107 (practice directions).
6
F73. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
F73. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
F73. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C34C36C35C38C3741 Regulations and Orders in Council.
1
The Secretary of State may by regulations make provision generally for carrying into effect the purposes of this Act, and in particular provision—
a
for prescribing anything which under this Act is to be prescribed;
b
for prescribing the manner in which, and the persons to and by whom, applications for registration or naturalisation under any provision of this Act may or must be made;
F74ba
for determining whether a person has sufficient knowledge of a language for the purpose of an application for naturalisation;
bb
for determining whether a person has sufficient knowledge about life in the United Kingdom for the purpose of an application for naturalisation;
c
for the registration of anything required or authorised by or under this Act to be registered;
F75d
for the time within which an obligation to make a citizenship oath and pledge at a citizenship ceremony must be satisfied;
da
for the time within which an obligation to make a citizenship oath or pledge must be satisfied;
db
for the content and conduct of a citizenship ceremony;
dc
for the administration and making of a citizenship oath or pledge;
dd
for the registration and certification of the making of a citizenship oath or pledge;
de
for the completion and grant of a certificate of registration or naturalisation;
e
for the giving of any notice required or authorised to be given to any person under this Act;
f
for the cancellation of the registration of, and the cancellation and amendment of certificates of naturalisation relating to, persons deprived of citizenship F76or of the status of a British National (Overseas) under this Act, and for requiring such certificates to be delivered up for those purposes;
g
for the births and deaths of persons of any class or description born or dying in a country mentioned in Schedule 3 to be registered there by the High Commissioner for Her Majesty’s government in the United Kingdom or by members of his official staff;
h
for the births and deaths of persons of any class or description born or dying in a foreign country to be registered there by consular officers or other officers in the service of Her Majesty’s government in the United Kingdom;
i
for enabling the births and deaths of British citizens, F77British overseas territories citizens, F78British Nationals (Overseas), British Overseas citizens, British subjects and British protected persons born or dying in any country in which Her Majesty’s government in the United Kingdom has for the time being no diplomatic or consular representatives to be registered—
i
by persons serving in the diplomatic, consular or other foreign service of any country which, by arrangement with Her Majesty’s government in the United Kingdom, has undertaken to represent that government’s interest in that country, or
ii
by a person authorised in that behalf by the Secretary of State.
F791A
Regulations under subsection (1)(ba) or (bb) may, in particular—
a
make provision by reference to possession of a specified qualification;
b
make provision by reference to possession of a qualification of a specified kind;
c
make provision by reference to attendance on a specified course;
d
make provision by reference to attendance on a course of a specified kind;
e
make provision by reference to a specified level of achievement;
f
enable a person designated by the Secretary of State to determine sufficiency of knowledge in specified circumstances;
g
enable the Secretary of State to accept a qualification of a specified kind as evidence of sufficient knowledge of a language.
2
The Secretary of State may with the consent of the Treasury by regulations make provision for the imposition, recovery and application of fees in connection with any of the following matters, namely—
a
any application made to the Secretary of State under this Act F190other than an application for the purpose of acquiring the status of a British National (Overseas);
b
the effecting in the United Kingdom of any registration authorised by or under this Act F191other than registration as a British National (Overseas);
c
d
the supplying in the United Kingdom of a certified or other copy of any notice, certificate, order, declaration or entry given, granted or made under or by virtue of this Act or any of the former nationality Acts;
e
the carrying out of searches in or of any registers or other records, being registers or records held in the United Kingdom by or on behalf of the Secretary of State, which are or may be relevant for the purpose of determining the status of any person under this Act or any of the former nationality Acts;
f
the supplying by or on behalf of the Secretary of State of an opinion in writing concerning the status of any person under this Act or any of the former nationality Acts, or a certified or other copy of such an opinion.
3
Regulations under subsection (1) or (2) may make different provision for different circumstances; and—
a
regulations under subsection (1) may provide for the extension of any time-limit for the F80making of oaths and pledges of citizenship; and
b
regulations under subsection (2) may provide for any fees imposed by the regulations to be payable at such times as may be prescribed.
F813A
Regulations under subsection (1)(d) to (de) may, in particular—
a
enable the Secretary of State to designate or authorise a person to exercise a function (which may include a discretion) in connection with a citizenship ceremony or a citizenship oath or pledge;
b
require, or enable the Secretary of State to require, a local authority to provide specified facilities and to make specified arrangements in connection with citizenship ceremonies;
c
impose, or enable the Secretary of State to impose, a function (which may include a discretion) on a local authority or on a registrar.
3B
In subsection (3A)—
“local authority” means—
- a
in relation to England and Wales, a county council, a county borough council, a metropolitan district council, a London Borough Council and the Common Council of the City of London, and
- b
in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39), and
- a
“registrar” means—
- a
in relation to England and Wales, a superintendent registrar of births, deaths and marriages (or, in accordance with section 8 of the Registration Service Act 1953 (c. 37), a deputy superintendent registrar), and
- b
in relation to Scotland, a district registrar within the meaning of section 7(12) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (c. 49).
- a
4
Her Majesty may by Order in Council provide for any Act or Northern Ireland legislation to which this subsection applies to apply, with such adaptations and modifications as appear to Her necessary, to births and deaths registered—
a
in accordance with regulations made in pursuance of subsection (1)(g) to (i) of this section or subsection (1)(f) and (g) of section 29 of the 1948 Act; or
b
at a consulate of Her Majesty in accordance with regulations made under the British Nationality and Status of Aliens Acts 1914 to 1943 or in accordance with instructions of the Secretary of State; or
c
by a High Commissioner for Her Majesty’s government in the United Kingdom or members of his official staff in accordance with instructions of the Secretary of State;
and an Order in Council under this subsection may exclude, in relation to births and deaths so registered, any of the provisions of section 45.
5
Subsection (4) applies to—
a
b
so much of any Northern Ireland legislation for the time being in force (whether passed or made before or after commencement) as relates to the registration of births and deaths.
6
The power to make regulations under subsection (1) or (2) shall be exercisable by statutory instrument.
7
Any regulations or Order in Council made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
41AF109Registration: requirement to be of good character
1
An application for registration of an adult or young person as a British citizen under section 1(3), (3A) or (4), 3(1), (2) or (5), 4(2) or (5), 4A, 4C, 4D, 5, 10(1) or (2) or 13(1) or (3) must not be granted unless the Secretary of State is satisfied that the adult or young person is of good character.
2
An application for registration of an adult or young person as a British overseas territories citizen under section 15(3) or (4), 17(1) or (5), 22(1) or (2) or 24 must not be granted unless the Secretary of State is satisfied that the adult or young person is of good character.
3
An application for registration of an adult or young person as a British Overseas citizen under section 27(1) must not be granted unless the Secretary of State is satisfied that the adult or young person is of good character.
4
An application for registration of an adult or young person as a British subject under section 32 must not be granted unless the Secretary of State is satisfied that the adult or young person is of good character.
5
In this section, “adult or young person” means a person who has attained the age of 10 years at the time when the application is made.
F82C39C40C41C4242 Registration and naturalisation: citizenship ceremony, oath and pledge
1
A person of full age shall not be registered under this Act as a British citizen unless he has made the relevant citizenship oath and pledge specified in Schedule 5 at a citizenship ceremony.
2
A certificate of naturalisation as a British citizen shall not be granted under this Act to a person of full age unless he has made the relevant citizenship oath and pledge specified in Schedule 5 at a citizenship ceremony.
3
A person of full age shall not be registered under this Act as a British overseas territories citizen unless he has made the relevant citizenship oath and pledge specified in Schedule 5.
4
A certificate of naturalisation as a British overseas territories citizen shall not be granted under this Act to a person of full age unless he has made the relevant citizenship oath and pledge specified in Schedule 5.
5
A person of full age shall not be registered under this Act as a British Overseas citizen or a British subject unless he has made the relevant citizenship oath specified in Schedule 5.
6
Where the Secretary of State thinks it appropriate because of the special circumstances of a case he may—
a
disapply any of subsections (1) to (5), or
b
modify the effect of any of those subsections.
7
Sections 5 and 6 of the Oaths Act 1978 (c. 19) (affirmation) apply to a citizenship oath; and a reference in this Act to a citizenship oath includes a reference to a citizenship affirmation.
F11042A Registration and naturalisation: fee
1
A person shall not be registered under a provision of this Act as a citizen of any description or as a British subject unless any fee payable by virtue of this Act in connection with the registration has been paid.
2
A certificate of naturalisation shall not be granted to a person under a provision of this Act unless any fee payable by virtue of this Act in connection with the grant of the certificate has been paid.
42BF111 Registration and naturalisation: timing
1
A person who is registered under this Act as a citizen of any description or as a British subject shall be treated as having become a citizen or subject—
a
immediately on making the required citizenship oath and pledge in accordance with section 42, or
b
where the requirement for an oath and pledge is disapplied, immediately on registration.
2
A person granted a certificate of naturalisation under this Act as a citizen of any description shall be treated as having become a citizen—
a
immediately on making the required citizenship oath and pledge in accordance with section 42, or
b
where the requirement for an oath and pledge is disapplied, immediately on the grant of the certificate.
3
In the application of subsection (1) to registration as a British Overseas citizen or as a British subject the reference to the citizenship oath and pledge shall be taken as a reference to the citizenship oath.
C4343 Exercise of functions of Secretary of State by Governors and others.
1
Subject to subsection (3), the Secretary of State may, in the case of any of his functions under this Act with respect to any of the matters mentioned in subsection (2), make arrangements for that function to be exercised—
a
in any of the Islands, by the Lieutenant-Governor in cases concerning British citizens or British citizenship;
2
The said matters are—
a
registration and naturalisation; and
b
renunciation, resumption and deprivation of British citizenship or F86British overseas territories citizenship.
F88c
renunciation and deprivation of the status of a British National (Overseas).
3
Nothing in this section applies in the case of any power to make regulations or rules conferred on the Secretary of State by this Act.
4
Arrangements under subsection (1) may provide for any such function as is there mentioned to be exercisable only with the approval of the Secretary of State.
C44C4544 Decisions involving exercise of discretion.
C461
Any discretion vested by or under this Act in the Secretary of State, a Governor or a Lieutenant-Governor shall be exercised without regard to the race, colour or religion of any person who may be affected by its exercise.
C462
F194. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
F194. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
44AF112Waiver of requirement for full capacity
Where a provision of this Act requires an applicant to be of full capacity, the Secretary of State may waive the requirement in respect of a specified applicant if he thinks it in the applicant's best interests.
C47C48C49C5045 Evidence.
1
Every document purporting to be a notice, certificate, order or declaration, or an entry in a register, or a subscription of an oath of allegiance, given, granted or made under this Act or any of the former nationality Acts shall be received in evidence and shall, unless the contrary is proved, be deemed to have been given, granted or made by or on behalf of the person by whom or on whose behalf it purports to have been given, granted or made.
2
Prima facie evidence of any such document may be given by the production of a document purporting to be certified as a true copy of it by such person and in such manner as may be prescribed.
3
Any entry in a register made under this Act or any of the former nationality Acts shall be received as evidence (and in Scotland as sufficient evidence) of the matters stated in the entry.
4
A certificate given by or on behalf of the Secretary of State that a person was at any time in Crown service under the government of the United Kingdom or that a person’s recruitment for such service took place in the United Kingdom shall, for the purposes of this Act, be conclusive evidence of that fact.
C51C52C5346 Offences and proceedings.
C541
Any person who for the purpose of procuring anything to be done or not to be done under this Act—
a
makes any statement which he knows to be false in a material particular; or
b
recklessly makes any statement which is false in a material particular,
shall be liable on summary conviction in the United Kingdom to imprisonment for a term not exceeding three months or to a fine not exceeding F89level 5 on the standard scale, or both.
2
Any person who without reasonable excuse fails to comply with any requirement imposed on him by regulations made under this Act with respect to the delivering up of certificates of naturalisation shall be liable on summary conviction in the United Kingdom to a fine not exceeding F89level 4 on the standard scale.
3
In the case of an offence under subsection (1)—
a
any information relating to the offence may in England and Wales be tried by a magistrates’ court if it is laid within six months after the commission of the offence, or if it is laid within three years after the commission of the offence and not more than two months after the date certified by a chief officer of police to be the date on which evidence sufficient to justify proceedings came to the notice of an officer of his police force; and
b
summary proceedings for the offence may in Scotland be commenced within six months after the commission of the offence, or within three years after the commission of the offence and not more than two months after the date on which evidence sufficient in the opinion of the Lord Advocate to justify proceedings came to his knowledge; and
c
a complaint charging the commission of the offence may in Northern Ireland be heard and determined by a magistrates’ court if it is made within six months after the commission of the offence, or if it is made within three years after the commission of the offence and not more than two months after the date certified by an officer of police not below the rank of assistant chief constable to be the date on which evidence sufficient to justify the proceedings came to the notice of the police in Northern Ireland.
4
For the purposes of subsection (3)(b) proceedings shall be deemed to be commenced on the date on which a warrant to apprehend or to cite the accused is granted, if such warrant is executed without undue delay; and a certificate of the Lord Advocate as to the date on which such evidence as is mentioned in subsection (3)(b) came to his knowledge shall be conclusive evidence.
5
For the purposes of the trial of a person for an offence under subsection (1) or (2), the offence shall be deemed to have been committed either at the place at which it actually was committed or at any place at which he may be.
6
In their application to the Bailiwick of Jersey subsections (1) and (2) shall have effect with the omission of the words “on summary conviction”.
C55C57C56C5847 Legitimated children.
1
A person born out of wedlock and legitimated by the subsequent marriage of his parents shall, as from the date of the marriage, be treated for the purposes of this Act as if he had been born legitimate.
2
A person shall be deemed for the purposes of this section to have been legitimated by the subsequent marriage of his parents if by the law of the place in which his father was domiciled at the time of the marriage the marriage operated immediately or subsequently to legitimate him, and not otherwise.
C59C60C61C6248 Posthumous children.
Any reference in this Act to the status or description of the father or mother of a person at the time of that person’s birth shall, in relation to a person born after the death of his father or mother, be construed as a reference to the status or description of the parent in question at the time of that parent’s death; and where that death occurred before, and the birth occurs after, commencement, the status or description which would have been applicable to the father or mother had he or she died after commencement shall be deemed to be the status or description applicable to him or her at the time of his or her death.
F9049. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C63C64C65C66C6750 Interpretation.
1
In this Act, unless the context otherwise requires—
“the 1948 Act” means the British Nationality Act 1948;
“alien” means a person who is neither a Commonwealth citizen nor a British protected person nor a citizen of the Republic of Ireland;
F91“appointed day” means the day appointed by the Secretary of State under section 8 of the British Overseas Territories Act 2002 for the commencement of Schedule 1 to that Act;
“association” means an unincorporated body of persons;
F92“British National (Overseas)” means a person who is a British National (Overseas) under the Hong Kong (British Nationality) Order 1986, and “status of a British National (Overseas)” shall be construed accordingly;
“British Overseas citizen”includes a person who is a British Overseas citizen under the Hong Kong (British Nationality) Order 1986.
F93“British overseas territory” means a territory mentioned in Schedule 6;
“British protected person” means a person who is a member of any class of persons declared to be British protected persons by an Order in Council for the time being in force under section 38 or is a British protected person by virtue of the M16Solomon Islands Act 1978;
“commencement”, without more, means the commencement of this Act;
“Commonwealth citizen” means a person who has the status of a Commonwealth citizen under this Act;
“company” means a body corporate;
“Crown service” means the service of the Crown, whether within Her Majesty’s dominions or elsewhere;
“Crown service under the government of the United Kingdom” means Crown service under Her Majesty’s government in the United Kingdom or under Her Majesty’s government in Northern Ireland F94or under the Scottish Administration;
F95. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“enactment” includes an enactment comprised in Northern Ireland legislation;
“foreign country” means a country other than the United Kingdom, a F96British overseas territory, a country mentioned in Schedule 3 and the Republic of Ireland;
“the former nationality Acts” means—
- a
the British Nationality Acts 1948 to 1965;
- b
the British Nationality and Status of Aliens Acts 1914 to 1943; and
- c
any Act repealed by the said Acts of 1914 to 1943 or by the M17Naturalization Act 1870;
- a
“Governor”, in relation to a F96British overseas territory, includes the officer for the time being administering the government of that territory;
“High Commissioner” includes an acting High Commissioner;
“immigration laws”—
- a
in relation to the United Kingdom, means the M18Immigration Act 1971 and any law for purposes similar to that Act which is for the time being or has at any time been in force in any part of the United Kingdom;
- b
in relation to a F96British overseas territory , means any law for purposes similar to the Immigration Act 1971 which is for the time being or has at any time been in force in that territory;
- a
“the Islands” means the Channel Islands and the Isle of Man;
“minor” means a person who has not attained the age of eighteen years;
“prescribed” means prescribed by regulations made under section 41;
F97“qualifying territory” means a British overseas territory other than the Sovereign Base Areas of Akrotiri and Dhekelia;
“settled” shall be construed in accordance with subsections (2) to (4);
“ship” includes a hovercraft;
“statutory provision” means any enactment or any provision contained in—
- a
subordinate legislation (as defined in section 21(1) of the M19Interpretation Act 1978); or
- b
any instrument of a legislative character made under any Northern Ireland legislation;
- a
“the United Kingdom” means Great Britain, Northern Ireland and the Islands, taken together;
“United Kingdom consulate” means the office of a consular officer of Her Majesty’s government in the United Kingdom where a register of births is kept or, where there is no such office, such office as may be prescribed.
2
Subject to subsection (3), references in this Act to a person being settled in the United Kingdom or in a F96British overseas territory are references to his being ordinarily resident in the United Kingdom or, as the case may be, in that territory without being subject under the immigration laws to any restriction on the period for which he may remain.
3
Subject to subsection (4), a person is not to be regarded for the purposes of this Act—
a
as having been settled in the United Kingdom at any time when he was entitled to an exemption under section 8(3) or (4)(b) or (c) of the M20Immigration Act 1971 or, unless the order under section 8(2) of that Act conferring the exemption in question provides otherwise, to an exemption under the said section 8(2), or to any corresponding exemption under the former immigration laws; or
b
as having been settled in a F96British overseas territory at any time when he was under the immigration laws entitled to any exemption corresponding to any such exemption as is mentioned in paragraph (a) (that paragraph being for the purposes of this paragraph read as if the words from “unless” to “otherwise” were omitted).
4
A person to whom a child is born in the United Kingdom after commencement is to be regarded for the purposes of section 1(1) as being settled in the United Kingdom at the time of the birth if—
a
he would fall to be so regarded but for his being at that time entitled to an exemption under section 8(3) of the Immigration Act 1971; and
b
immediately before he became entitled to that exemption he was settled in the United Kingdom; and
c
he was ordinarily resident in the United Kingdom from the time when he became entitled to that exemption to the time of the birth;
but this subsection shall not apply if at the time of the birth the child’s father or mother is a person on whom any immunity from jurisdiction is conferred by or under the M21Diplomatic Privileges Act 1964.
C685
It is hereby declared that a person is not to be treated for the purpose of any provision of this Act as ordinarily resident in the United Kingdom or in a F96British overseas territory at a time when he is in the United Kingdom or, as the case may be, in that territory in breach of the immigration laws.
6
For the purposes of this Act—
a
a person shall be taken to have been naturalised in the United Kingdom if, but only if, he is—
i
a person to whom a certificate of naturalisation was granted under any of the former nationality Acts by the Secretary of State or, in any of the Islands, by the Lieutenant-Governor; or
ii
a person who by virtue of section 27(2) of the M22British Nationality and Status of Aliens Act 1914 was deemed to be a person to whom a certificate of naturalisation was granted, if the certificate of naturalisation in which his name was included was granted by the Secretary of State; or
iii
a person who by virtue of section 10(5) of the M23Naturalization Act 1870 was deemed to be a naturalised British subject by reason of his residence with his father or mother;
b
a person shall be taken to have been naturalised in a F96British overseas territory if, but only if, he is—
i
a person to whom a certificate of naturalisation was granted under any of the former nationality Acts by the Governor of that territory or by a person for the time being specified in a direction given in relation to that territory under paragraph 4 of Schedule 3 to the M24West Indies Act 1967 or for the time being holding an office so specified; or
ii
a person who by virtue of the said section 27(2) was deemed to be a person to whom a certificate of naturalisation was granted, if the certificate of naturalisation in which his name was included was granted by the Governor of that territory; or
iii
a person who by the law in force in that territory enjoyed the privileges of naturalisation within that territory only;
and references in this Act to naturalisation in the United Kingdom or in a F96British overseas territory shall be construed accordingly.
7
For the purposes of this Act a person born outside the United Kingdom aboard a ship or aircraft—
a
shall be deemed to have been born in the United Kingdom if—
i
at the time of the birth his father or mother was a British citizen; or
ii
he would, but for this subsection, have been born stateless,
and (in either case) at the time of the birth the ship or aircraft was registered in the United Kingdom or was an unregistered ship or aircraft of the government of the United Kingdom; but
b
subject to paragraph (a), is to be regarded as born outside the United Kingdom, whoever was the owner of the ship or aircraft at that time, and irrespective of whether or where it was then registered.
F987A
For the purposes of this Act a person born outside a qualifying territory aboard a ship or aircraft—
a
shall be deemed to have been born in that territory if—
i
at the time of the birth his father or mother was a British citizen or a British overseas territories citizen; or
ii
he would, but for this subsection, have been born stateless,
and (in either case) at the time of the birth the ship or aircraft was registered in that territory or was an unregistered ship or aircraft of the government of that territory; but
b
subject to paragraph (a), is to be regarded as born outside that territory, whoever was the owner of the ship or aircraft at the time, and irrespective of whether or where it was then registered.
7B
For the purposes of this Act a person born outside a British overseas territory, other than a qualifying territory, aboard a ship or aircraft—
a
shall be deemed to have been born in that territory if—
i
at the time of the birth his father or mother was a British overseas territories citizen; or
ii
he would, but for this subsection, have been born stateless,
and (in either case) at the time of the birth the ship or aircraft was registered in that territory or was an unregistered ship or aircraft of the government of that territory; but
b
subject to paragraph (a), is to be regarded as born outside that territory, whoever was the owner of the ship or aircraft at the time, and irrespective of whether or where it was then registered.
C698
For the purposes of this Act an application under any provision thereof shall be taken to have been made at the time of its receipt by a person authorised to receive it on behalf of the person to whom it is made; and references in this Act to the date of such an application are references to the date of its receipt by a person so authorised.
9
For the purposes of this Act—
a
the relationship of mother and child shall be taken to exist between a woman and any child (legitimate or illegitimate) born to her; but
b
subject to section 47, the relationship of father and child shall be taken to exist only between a man and any legitimate child born to him;
and the expressions
“mother”,
“father”,
“parent”,
“child” and
“descended” shall be construed accordingly.
10
For the purposes of this Act—
a
a period “from” or “to” a specified date includes that date; and
11
For the purposes of this Act—
a
a person is of full age if he has attained the age of eighteen years, and of full capacity if he is not of unsound mind; and
b
a person attains any particular age at the beginning of the relevant anniversary of the date of his birth.
12
References in this Act to any country mentioned in Schedule 3 include references to the dependencies of that country.
13
Her Majesty may by Order in Council subject to annulment in pursuance of a resolution of either House of Parliament amend Schedule 6 in any of the following circumstances, namely—
a
where the name of any territory mentioned in it is altered; or
b
where any territory mentioned in it is divided into two or more territories.
C7050AF113Meaning of references to being in breach of immigration laws
1
This section applies for the construction of a reference to being in the United Kingdom “in breach of the immigration laws” in—
a
section 4(2) or (4);
b
section 50(5); or
c
Schedule 1.
2
It applies only for the purpose of determining on or after the relevant day—
a
whether a person born on or after the relevant day is a British citizen under section 1(1),
b
whether, on an application under section 1(3) or 4(2) made on or after the relevant day, a person is entitled to be registered as a British citizen, or
c
whether, on an application under section 6(1) or (2) made on or after the relevant day, the applicant fulfils the requirements of Schedule 1 for naturalisation as a British citizen under section 6(1) or (2).
3
But that is subject to section 48(3)(d) and (4) of the Borders, Citizenship and Immigration Act 2009 (saving in relation to section 11 of the Nationality, Immigration and Asylum Act 2002).
4
A person is in the United Kingdom in breach of the immigration laws if (and only if) the person—
a
is in the United Kingdom;
b
does not have the right of abode in the United Kingdom within the meaning of section 2 of the Immigration Act 1971;
c
does not have leave to enter or remain in the United Kingdom (whether or not the person previously had leave);
d
does not have a qualifying CTA entitlement;
e
is not entitled to reside in the United Kingdom by virtue of any provision made under section 2(2) of the European Communities Act 1972 (whether or not the person was previously entitled);
f
is not entitled to enter and remain in the United Kingdom by virtue of section 8(1) of the Immigration Act 1971 (crew) (whether or not the person was previously entitled); and
g
does not have the benefit of an exemption under section 8(2) to (4) of that Act (diplomats, soldiers and other special cases) (whether or not the person previously had the benefit of an exemption).
5
For the purposes of subsection (4)(d), a person has a qualifying CTA entitlement if the person—
a
is a citizen of the Republic of Ireland,
b
last arrived in the United Kingdom on a local journey (within the meaning of the Immigration Act 1971) from the Republic of Ireland, and
c
on that arrival, was a citizen of the Republic of Ireland and was entitled to enter without leave by virtue of section 1(3) of the Immigration Act 1971 (entry from the common travel area).
6
Section 11(1) of the Immigration Act 1971 (person deemed not to be in the United Kingdom before disembarkation, while in controlled area or while under immigration control) applies for the purposes of this section as it applies for the purposes of that Act.
7
This section is without prejudice to the generality of—
a
a reference to being in a place outside the United Kingdom in breach of immigration laws, and
b
a reference in a provision other than one specified in subsection (1) to being in the United Kingdom in breach of immigration laws.
8
The relevant day for the purposes of subsection (2) is the day appointed for the commencement of section 48 of the Borders, Citizenship and Immigration Act 2009 (which inserted this section).
50BF196Immigration restrictions to be disregarded in certain cases
1
A person exercising a freedom of movement right at any time falling within the remedial period is treated for the purposes of this Act as not subject at that time under the immigration laws to any restriction on the period for which they may remain in the United Kingdom.
2
In this section—
“freedom of movement right” means—
- a
a right to reside in Great Britain and Northern Ireland that arises under or by virtue of—
- i
section 2(1) or (2) of the European Communities Act 1972, or
- ii
any other enactment so far as passed or made, or operating, for a purpose mentioned in section 2(2)(a) or (b) of that Act, or
- i
- b
a right to reside in any of the Islands that is conferred by reference to, or that otherwise corresponds to or is similar to, a right within paragraph (a);
- a
“the remedial period” means—
- a
where the freedom of movement right is a right to reside in Great Britain and Northern Ireland, the period beginning with 1 January 1983 and ending with 1 October 2000;
- b
where the freedom of movement right is a right to reside in the Bailiwick of Guernsey, the period beginning with 1 August 1993 and ending with 30 September 2004;
- c
where the freedom of movement right is a right to reside in the Bailiwick of Jersey, the period beginning with 1 January 1983 and ending with 8 February 2004;
- d
where the freedom of movement right is a right to reside in the Isle of Man, the period beginning with 1 October 1994 and ending with 1 October 2000.
- a
51 Meaning of certain expressions relating to nationality in other Acts and instruments.
1
Without prejudice to subsection (3)(c), in any enactment or instrument whatever passed or made before commencement
“British subject” and
“Commonwealth citizen” have the same meaning, that is—
a
in relation to any time before commencement—
i
a person who under the 1948 Act was at that time a citizen of the United Kingdom and Colonies or who, under any enactment then in force in a country mentioned in section 1(3) of that Act as then in force, was at that time a citizen of that country; and
ii
any other person who had at that time the status of a British subject under that Act or any other enactment then in force;
b
in relation to any time after commencement, a person who has the status of a Commonwealth citizen under this Act.
2
In any enactment or instrument whatever passed or made after commencement—
“British subject” means a person who has the status of a British subject under this Act;
“Commonwealth citizen” means a person who has the status of a Commonwealth citizen under this Act.
C71C723
In any enactment or instrument whatever passed or made before commencement—
a
“citizen of the United Kingdom and Colonies”—
i
in relation to any time before commencement, means a person who under the 1948 Act was at that time a citizen of the United Kingdom and Colonies;
ii
in relation to any time after commencement, means a person who under F100the British Nationality Acts 1981 and 1983F101or the British Overseas Territories Act 2002 is a British citizen, a F102British overseas territories citizen or a British Overseas citizen F103or who under the Hong Kong (British Nationality) Order 1986 is a British National (Overseas);
b
any reference to ceasing to be a citizen of the United Kingdom and Colonies shall, in relation to any time after commencement, be construed as a reference to becoming a person who is neither a British citizen nor a F102British overseas territories citizenF104nor a British National (Overseas) nor a British Overseas citizen;
c
any reference to a person who is a British subject (or a British subject without citizenship) by virtue of section 2, 13, or 16 of the 1948 Act or by virtue of, or of section 1 of, the M25British Nationality Act 1965 shall, in relation to any time after commencement, be construed as a reference to a person who under this Act is a British subject.
4
In any statutory provision, whether passed or made before or after commencement, and in any other instrument whatever made after commencement
“alien”, in relation to any time after commencement, means a person who is neither a Commonwealth citizen nor a British protected person nor a citizen of the Republic of Ireland.
5
The preceding provisions of this section—
a
shall not apply in cases where the context otherwise requires; and
b
shall not apply to this Act or to any instrument made under this Act.
52 Consequential amendments, transitional provisions, repeals and savings.
1
In any enactment or instrument whatever passed or made before commencement, for any reference to section 1(3) of the 1948 Act (list of countries whose citizens are Commonwealth citizens under that Act) there shall be substituted a reference to Schedule 3 to this Act, unless the context makes that substitution inappropriate.
2
Subject to subsection (3), Her Majesty may by Order in Council make such consequential modifications of—
a
any enactment of the Parliament of the United Kingdom passed before commencement;
b
any provision contained in any Northern Ireland legislation passed or made before commencement; or
c
any instrument made before commencement under any such enactment or provision,
as appear to Her necessary or expedient for preserving after commencement the substantive effect of that enactment, provision or instrument.
3
Subsection (2) shall not apply in relation to—
a
the M26Immigration Act 1971; or
b
any provision of this Act not contained in Schedule 7.
4
Any Order in Council made under subsection (2) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
5
Any provision made by Order in Council under subsection (2) after commencement may be made with retrospective effect as from commencement or any later date.
X26
The enactments specified in Schedule 7 shall have effect subject to the amendments there specified, being amendments consequential on the provisions of this Act.
7
This Act shall have effect subject to the transitional provisions contained in Schedule 8.
X28
The enactments mentioned in Schedule 9 are hereby repealed to the extent specified in the third column of that Schedule.
9
Without prejudice to section 51, nothing in this Act affects the operation, in relation to any time before commencement, of any statutory provision passed or made before commencement.
10
Nothing in this Act shall be taken as prejudicing the operation of sections 16 and 17 of the M27Interpretation Act 1978 (which relate to the effect of repeals).
11
In this section
“modifications” includes additions, omissions and alterations.
53 Citation, commencement and extent.
1
This Act may be cited as the British Nationality Act 1981.
P12
This Act, except the provisions mentioned in subsection (3), shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and references to the commencement of this Act shall be construed as references to the beginning of that day.
3
Section 49 and this section shall come into force on the passing of this Act.
4
This Act extends to Northern Ireland.
5
The provisions of this Act, except those mentioned in subsection (7), extend to the Islands and all F105British overseas territories ; and section 36 of the M28Immigration Act 1971 (power to extend provisions of that Act to Islands) shall apply to the said excepted provisions as if they were provisions of that Act.
F1066
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
The provisions referred to in subsections (5) F107. . . are—
a
section 39 and Schedule 4;
b
section 52(7) and Schedule 8 so far as they relate to the Immigration Act 1971; and
c
section 52(8) and Schedule 9 so far as they relate to provisions of the Immigration Act 1971 other than Schedule 1.
SCHEDULES
C74SCHEDULE 1 Requirements for Naturalisation
Sch. 1 modified (7.11.2002, partly retrospective) by Nationality, Immigration and Asylum Act 2002 (c. 41), s. 11
Naturalisation as a British citizen under section 6(1)
1
1
Subject to paragraph 2, the requirements for naturalisation as a British citizen under section 6(1) are, in the case of any person who applies for it—
a
the requirements specified in sub-paragraph (2) of this paragraph, or the alternative requirement specified in sub-paragraph (3) of this paragraph; and
b
that he is of good character; and
c
that he has a sufficient knowledge of the English, Welsh or Scottish Gaelic language; and
d
that either—
i
his intentions are such that, in the event of a certificate of naturalisation as a British citizen being granted to him, his home or (if he has more than one) his principal home will be in the United Kingdom; or
ii
he intends, in the event of such a certificate being granted to him, to enter into, or continue in, Crown service under the government of the United Kingdom, or service under an international organisation of which the United Kingdom or Her Majesty’s government therein is a member, or service in the employment of a company or association established in the United Kingdom.
2
The requirements referred to in sub-paragraph (1)(a) of this paragraph are—
a
that the applicant was in the United Kingdom at the beginning of the period of five years ending with the date of the application, and that the number of days on which he was absent from the United Kingdom in that period does not exceed 450; and
b
that the number of days on which he was absent from the United Kingdom in the period of twelve months so ending does not exceed 90; and
c
that he was not at any time in the period of twelve months so ending subject under the immigration laws to any restriction on the period for which he might remain in the United Kingdom; and
d
that he was not at any time in the period of five years so ending in the United Kingdom in breach of the immigration laws.
3
The alternative requirement referred to in sub-paragraph (1)(a) of this paragraph is that on the date of the application he is serving outside the United Kingdom in Crown service under the government of the United Kingdom.
2
If in the special circumstances of any particular case the Secretary of State thinks fit, he may for the purposes of paragraph 1 do all or any of the following things, namely—
a
treat the applicant as fulfilling the requirement specified in paragraph 1(2)(a) or paragraph 1(2)(b), or both, although the number of days on which he was absent from the United Kingdom in the period there mentioned exceeds the number there mentioned;
b
treat the applicant as having been in the United Kingdom for the whole or any part of any period during which he would otherwise fall to be treated under paragraph 9(1) as having been absent;
c
disregard any such restriction as is mentioned in paragraph 1(2)(c), not being a restriction to which the applicant was subject on the date of the application;
d
treat the applicant as fulfilling the requirement specified in paragraph 1(2)(d) although he was in the United Kingdom in breach of the immigration laws in the period there mentioned;
e
waive the need to fulfil the requirement specified in paragraph 1(1)(c) if he considers that because of the applicant’s age or physical or mental condition it would be unreasonable to expect him to fulfil it.
F1142A
1
A person has a qualifying immigration status for the purposes of paragraph 1(2) if the person has—
a
qualifying temporary residence leave;
b
probationary citizenship leave;
c
permanent residence leave;
d
a qualifying CTA entitlement;
e
a Commonwealth right of abode; or
f
a temporary or permanent EEA entitlement.
2
A person who is required for those purposes to have a qualifying immigration status for the whole of the qualifying period need not have the same qualifying immigration status for the whole of that period.
Naturalisation as a British citizen under section 6(2)
3
Subject to paragraph 4, the requirements for naturalisation as a British citizen under section 6(2) are, in the case of any person who applies for it—
a
that he was in the United Kingdom at the beginning of the period of three years ending with the date of the application, and that the number of days on which he was absent from the United Kingdom in that period does not exceed 270; and
b
that the number of days on which he was absent from the United Kingdom in the period of twelve months so ending does not exceed 90; and
c
that on the date of the application he was not subject under the immigration laws to any restriction on the period for which he might remain in the United Kingdom; and
d
that he was not at any time in the period of three years ending with the date of the application in the United Kingdom in breach of the immigration laws; and
e
the F115requirements specified in paragraph 1(1)(b), (c) and (ca) .
4
Paragraph 2 shall apply in relation to paragraph 3 with the following modifications, namely—
a
the reference to the purposes of paragraph 1 shall be read as a reference to the purposes of paragraph 3;
b
the references to paragraphs 1(2)(a), 1(2)(b) and 1(2)(d) shall be read as references to paragraphs 3(a), 3(b) and 3(d) respectively;
c
paragraph 2(c) F116. . . shall be omitted; and
d
after paragraph (e) there shall be added—
f
waive the need to fulfil all or any of the requirements specified in paragraph 3(a) and (b) if on the date of the application the person to whom the applicant is married is serving in service to which section 2(1)(b) applies, that person’s recruitment for that service having taken place in the United Kingdom
F1174A
1
Subject to paragraph 3(5), a person has a qualifying immigration status for the purposes of paragraph 3 if the person has—
a
qualifying temporary residence leave based on a relevant family association;
b
probationary citizenship leave based on a relevant family association;
c
permanent residence leave based on a relevant family association;
d
a qualifying CTA entitlement; or
e
a Commonwealth right of abode.
2
For the purposes of paragraph 3 and this paragraph, the leave mentioned in sub-paragraph (1)(a), (b) or (c) is based on a relevant family association if it was granted on the basis of the person having a relevant family association.
3
A person who is required for the purposes of paragraph 3 to have, for the whole of the qualifying period, a qualifying immigration status and a relevant family association need not, for the whole of that period—
a
have the same qualifying immigration status; or
b
(subject to paragraph 3(5)) have the same relevant family association.
4
Where, by virtue of sub-paragraph (3)(a), a person relies upon having more than one qualifying immigration status falling within sub-paragraph (1)(a), (b) or (c)—
a
subject to paragraph 3(5), it is not necessary that the leave to which each status relates is based on the same relevant family association, and
b
in a case where paragraph 3(5) applies, the relationship by reference to which the persons referred to in paragraph 3(5) are partners need not be of the same description in respect of each grant of leave.
F131The qualifying period for naturalisation as a British citizen under section 6
Sch. 1 para. 4B inserted (prosp.) by Borders, Citizenship and Immigration Act 2009 (c. 11), ss. 41(1), 58
4B
1
The qualifying period for the purposes of paragraph 1 or 3 is a period of years which ends with the date of the application in question.
2
The length of the period is determined in accordance with the following provisions of this paragraph.
3
In the case of an applicant who does not meet the activity condition, the number of years in the period is—
a
8, in a case within paragraph 1;
b
5, in a case within paragraph 3.
4
In the case of an applicant who meets the activity condition, the number of years in the period is—
a
6, in a case within paragraph 1;
b
3, in a case within paragraph 3.
5
The applicant meets the activity condition if the Secretary of State is satisfied that the applicant—
a
has participated otherwise than for payment in prescribed activities; or
b
is to be treated as having so participated.
Naturalisation as a F119British overseas territories citizen under section 18(1)
Words in Sch. 1 para. 5 cross-heading substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(b)
5
1
Subject to paragraph 6, the requirements for naturalisation as a F118British overseas territories citizen under section 18(1) are, in the case of any person who applies for it—
a
the requirements specified in sub-paragraph (2) of this paragraph, or the alternative requirement specified in sub-paragraph (3) of this paragraph; and
b
that he is of good character; and
c
that he has a sufficient knowledge of the English language or any other language recognised for official purposes in the relevent territory; and
d
that either—
i
his intentions are such that, in the event of a certificate of naturalisation as a F118British overseas territories citizen being granted to him, his home or (if he has more than one) his principal home will be in the relevent territory; or
ii
he intends, in the event of such a certificate being granted to him, to enter into, or continue in, Crown service under the government of that territory, or service under an international organisation of which that territory or the government of that territory is a member, or service in the employment of a company or association established in that territory.
2
The requirements referred to in sub-paragraph (1)(a) of this paragraph are—
a
that he was in the relevant territory at the beginning of the period of five years ending with the date of the application, and that the number of days on which he was absent from that territory in that period does not exceed 450; and
b
that the number of days on which he was absent from that territory in the period of twelve months so ending does not exceed 90; and
c
that he was not at any time in the period of twelve months so ending subject under the immigration laws to any restriction on the period for which he might remain in that territory; and
d
that he was not at any time in the period of five years so ending in that territory in breach of the immigration laws.
3
The alternative requirement referred to in sub-paragraph (1)(a) of this paragraph is that on the date of the application he is serving outside the relevant territory in Crown service under the government of that territory.
6
If in the special circumstances of any particular case the Secretary of State thinks fit, he may for the purposes of paragraph 5 do all or any of the following things, namely—
a
treat the applicant as fulfilling the requirement specified in paragraph 5(2)(a) or paragraph 5(2)(b), or both, although the number of days on which he was absent from the relevant territory in the period there mentioned exceeds the number there mentioned;
b
treat the applicant as having been in the relevant territory for the whole or any part of any period during which he would otherwise fall to be treated under paragraph 9(2) as having been absent;
c
disregard any such restriction as is mentioned in paragraph 5(2)(c), not being a restriction to which the applicant was subject on the date of the application;
d
treat the applicant as fulfilling the requirement specified in paragraph 5(2)(d) although he was in the relevant territory in breach of the immigration laws in the period there mentioned;
e
waive the need to fulfil the requirement specified in paragraph 5(1)(c) if he considers that because of the applicant’s age or physical or mental condition it would be unreasonable to expect him to fulfil it.
Naturalisation as a F124British overseas territories citizen under section 18(2)
Words in Sch. 1 para. 7 cross-heading substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(b)
7
Subject to paragraph 8, the requirements for naturalisation as a F120British overseas territories citizen under section 18(2) are, in the case of any person who applies for it—
a
that he was in the relevant territory at the beginning of the period of three years ending with the date of the application, and that the number of days on which he was absent from that territory in that period does not exceed 270; and
b
that the number of days on which he was absent from that territory in the period of twelve months so ending does not exceed 90; and
c
that on the date of the application he was not subject under the immigration laws to any restriction on the period for which he might remain in that territory; and
d
that he was not at any time in the period of three years ending with the date of the application in that territory in breach of the immigration laws; and
e
the F121requirements specified in paragraph 5(1)(b) and (c).
8
Paragraph 6 shall apply in relation to paragraph 7 with the following modifications, namely—
a
the reference to the purposes of paragraph 5 shall be read as a reference to the purposes of paragraph 7;
b
the references to paragraphs 5(2)(a), 5(2)(b) and 5(2)(d) shall be read as references to paragraphs 7(a), 7(b) and 7(d) respectively;
c
paragraph 6(c) F122. . . shall be omitted; and
d
after paragraph (e) there shall be added—
f
waive the need to fulfil all or any of the requirements specified in paragraph 7(a) and (b) if on the date of the application the person to whom the applicant is married is serving in service to which section 16(1)(b) applies, that person’s recruitment for that service having taken place in a F123British overseas territory .
Periods to be treated as periods of absence from U.K. or a F129British overseas territory
Words in Sch. 1 para. 9 cross-heading substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), {1(1)(b)}
9
1
For the purposes of this Schedule a person shall (subject to paragraph 2(b)) be treated as having been absent from the United Kingdom during any of the following periods, that is to say—
a
any period when he was in the United Kingdom and either was entitled to an exemption under section 8(3) or (4) of the M29Immigration Act 1971 (exemptions for diplomatic agents etc. and members of the forces) or was a member of the family and formed part of the household of a person so entitled;
b
any period when he was detained—
i
in any place of detention in the United Kingdom in pursuance of a sentence passed on him by a court in the United Kingdom or elsewhere for any offence;
ii
in any hospital in the United Kingdom under a hospital order made under F125Part III of the Mental Health Act 1983 or section 175 or 376 of the M30Criminal Procedure (Scotland) Act 1975 or Part III of the Mental Health F126(Northern Ireland) Order 1986, being an order made in connection with his conviction of an offence; or
iii
under any power of detention conferred by the immigration laws of the United Kingdom;
c
any period when, being liable to be detained as mentioned in paragraph (b)(i) or (ii) of this sub-paragraph, he was unlawfully at large or absent without leave and for that reason liable to be arrested or taken into custody;
d
any period when, his actual detention under any such power as is mentioned in paragraph (b)(iii) of this sub-paragraph being required or specifically authorised, he was unlawfully at large and for that reason liable to be arrested.
2
For the purposes of this Schedule a person shall (subject to paragraph 6(b)) be treated as having been absent from any particular F127British overseas territory during any of the following periods, that is to say—
a
any period when he was in that territory and either was entitled to an exemption under the immigration laws of that territory corresponding to any such exemption as is mentioned in sub-paragraph (1)(a) or was a member of the family and formed part of the household of a person so entitled;
b
any period when he was detained—
i
in any place of detention in the relevant territory in pursuance of a sentence passed on him by a court in that territory or elsewhere for any offence;
ii
in any hospital in that territory under a direction (however described) made under any law for purposes similar to , F128Part III of the Mental Health Act 1983 which was for the time being in force in that territory, being a direction made in connection with his conviction of an offence and corresponding to a hospital order under that Part; or
iii
under any power of detention conferred by the immigration laws of that territory;
c
any period when, being liable to be detained as mentioned in paragraph (b)(i) or (ii) of this sub-paragraph, he was unlawfully at large or absent without leave and for that reason liable to be arrested or taken into custody;
d
any period when, his actual detention under any such power as is mentioned in paragraph (b)(iii) of this sub-paragraph being required or specifically authorised, he was unlawfully at large and for that reason liable to be arrested.
Interpretation
10
In this Schedule “the relevant territory” has the meaning given by section 18(3).
F13011
1
This paragraph applies for the purposes of this Schedule.
2
A person has qualifying temporary residence leave if—
a
the person has limited leave to enter or remain in the United Kingdom, and
b
the leave is granted for a purpose by reference to which a grant of probationary citizenship leave may be made.
3
A person has probationary citizenship leave if—
a
the person has limited leave to enter or remain in the United Kingdom, and
b
the leave is of a description identified in rules under section 3 of the Immigration Act 1971 as “probationary citizenship leave”,
and the reference in sub-paragraph (2) to a grant of probationary citizenship leave is to be construed accordingly.
4
A person has permanent residence leave if the person has indefinite leave to enter or remain in the United Kingdom.
5
A person has a qualifying CTA entitlement if the person—
a
is a citizen of the Republic of Ireland,
b
last arrived in the United Kingdom on a local journey (within the meaning of the Immigration Act 1971) from the Republic of Ireland, and
c
on that arrival, was a citizen of the Republic of Ireland and was entitled to enter without leave by virtue of section 1(3) of the Immigration Act 1971 (entry from the common travel area).
6
A person has a Commonwealth right of abode if the person has the right of abode in the United Kingdom by virtue of section 2(1)(b) of the Immigration Act 1971.
7
A person has a permanent EEA entitlement if the person is entitled to reside in the United Kingdom permanently by virtue of any provision made under section 2(2) of the European Communities Act 1972.
8
A person has a temporary EEA entitlement if the person does not have a permanent EEA entitlement but is entitled to reside in the United Kingdom by virtue of any provision made under section 2(2) of the European Communities Act 1972.
9
A reference in this paragraph to having leave to enter or remain in the United Kingdom is to be construed in accordance with the Immigration Act 1971.
C75SCHEDULE 2 Provisions for Reducing Statelessness
Sch. 2 excluded by S.I. 1983/882, art. 2(3)
Persons born in the United Kingdom after commencement
1
1
Where a person born in the United Kingdom after commencement would, but for this paragraph, be born stateless, then, subject to sub-paragraph (3)—
a
if at the time of the birth his father or mother is a citizen or subject of a description mentioned in sub-paragraph (2), he shall be a citizen or subject of that description; and accordingly
b
if he is born legitimate and at the time of the birth each of his parents is a citizen or subject of a different description so mentioned, he shall be a citizen or subject of the same description so mentioned as each of them is respectively at that time.
2
The descriptions referred to in sub-paragraph (1) are a F132British overseas territories citizen , a British Overseas citizen and a British subject under this Act.
3
A person shall not be a British subject by virtue of this paragraph if by virtue of it he is a citizen of a description mentioned in sub-paragraph (2).
Persons born in a F134British overseas territory after commencement
Words in Sch. 2 para. 2 cross-heading substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 1(1)(b)
2
1
Where a person born in a F133British overseas territory after commencement would, but for this paragraph, be born stateless, then, subject to sub-paragraph (3)—
a
if at the time of the birth his father or mother is a citizen or subject of a description mentioned in sub-paragraph (2), he shall be a citizen or subject of that description; and accordingly
b
if he is born legitimate and at the time of the birth each of his parents is a citizen or subject of a different description so mentioned, he shall be a citizen or subject of the same description so mentioned as each of them is respectively at that time.
2
The descriptions referred to in sub-paragraph (1) are a British citizen, a British Overseas citizen and a British subject under this Act.
3
A person shall not be a British subject by virtue of this paragraph if by virtue of it he is a citizen of a description mentioned in sub-paragraph (2).
Persons born in the United Kingdom or a F139British overseas territory after commencement
Words in Sch. 2 para. 3 cross-heading substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 1(1)(b)
3
1
A person born in the United Kingdom or a F135British overseas territory after commencement shall be entitled, on an application for his registration under this paragraph, to be so registered if the following requirements are satisfied in his case, namely—
a
that he is and always has been stateless; and
b
that on the date of the application he F136. . . was under the age of twenty-two; and
c
that he was in the United Kingdom or a F135British overseas territory(no matter which) at the beginning of the period of five years ending with that date and that (subject to paragraph 6) the number of days on which he was absent from both the United Kingdom and the F137British overseas territories in that period does not exceed 450.
2
A person entitled to registration under this paragraph—
a
shall be registered under it as a British citizen if, in the period of five years mentioned in sub-paragraph (1), the number of days wholly or partly spent by him in the United Kingdom exceeds the number of days wholly or partly spent by him in the F137British overseas territories;
b
in any other case, shall be registered under it as a F138British overseas territories citizen.
Persons born outside the United Kingdom and the F143British overseas territories after commencement
Words in Sch. 2 para. 4 cross-heading substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 1(1)(b)
4
1
A person born outside the United Kingdom and the F140British overseas territories after commencement shall be entitled, on an application for his registration under this paragraph, to be so registered if the following requirements are satisfied, namely—
a
that that person is and always has been stateless; and
b
that at the time of that person’s birth his father or mother was a citizen or subject of a description mentioned in sub-paragraph (4); and
c
that that person was in the United Kingdom or a F141British overseas territory(no matter which) at the beginning of the period of three years ending with the date of the application and that (subject to paragraph 6) the number of days on which he was absent from both the United Kingdom and the F140British overseas territories in that period does not exceed 270.
2
A person entitled to registration under this paragraph—
a
shall be registered under it as a citizen or subject of a description available to him in accordance with sub-paragraph (3); and
b
if more than one description is so available to him, shall be registered under this paragraph as a citizen of whichever one or more of the descriptions so available to him is or are stated in the application under this paragraph to be wanted.
3
For the purposes of this paragraph the descriptions of citizen or subject available to a person entitled to registration under this paragraph are—
a
in the case of a person whose father or mother was at the time of that person’s birth a citizen of a description mentioned in sub-paragraph (4), any description of citizen so mentioned which applied to his father or mother at that time;
b
in any other case, a British subject under this Act.
4
The descriptions referred to in sub-paragraphs (1) to (3) are a British citizen, a F142British overseas territories citizen , a British Overseas citizen and a British subject under this Act.
Persons born stateless before commencement
5
1
A person born before commencement shall be entitled, on an application for his registration under this paragraph, to be so registered if the circumstances are such that, if—
a
this Act had not been passed, and the enactments repealed or amended by this Act had continued in force accordingly; and
b
an application for the registration of that person under section 1 of the M31British Nationality (No. 2) Act 1964 (stateless persons) as a citizen of the United Kingdom and Colonies had been made on the date of the application under this paragraph,
that person would have been entitled under that section to be registered as such a citizen.
2
A person entitled to registration under this paragraph shall be registered under it as such a citizen as he would have become at commencement if, immediately before commencement, he had been registered as a citizen of the United Kingdom and Colonies under section 1 of the M32British Nationality (No. 2) Act 1964 on whichever of the grounds mentioned in subsection (1)(a) to (c) of that section he would have been entitled to be so registered on in the circumstances described in sub-paragraph (1)(a) and (b) of this paragraph.
Supplementary
6
If in the special circumstances of any particular case the Secretary of State thinks fit, he may for the purposes of paragraph 3 or 4 treat the person who is the subject of the application as fulfilling the requirement specified in sub-paragraph (1)(c) of that paragraph although the number of days on which he was absent from both the United Kingdom and the F144British overseas territories in the period there mentioned exceeds the number there mentioned.
SCHEDULE 3 Countries Whose Citizens are Commonwealth Citizens
"Brunei" inserted by S.I. 1983/1699, arts. 1(2), 3
Words in Sch. 3 inserted (25.1.1999) by S.I. 1998/3161, art. 2
"Maldives" inserted by Brunei and Maldives Act 1985 (c. 3, SIF 26:9A), s. 8
By S.I. 1989/1331, art. 2, it is provided that the Act shall have effect as if in Sch. 3 under the word “Nigeria” there were inserted the word “Pakistan”
"Saint Christopher and Nevis" inserted by S.I. 1983/882, art. 2(a)
Words in Sch. 3 inserted (26.7.1994) by S.I. 1994/1634, art. 2
"Namibia" inserted by S.I. 1990/1502, art. 2
Antigua and Barbuda
Australia
The Bahamas
Bangladesh
Barbados
Belize
Botswana
F145 Brunei
F146Cameroon
Canada
Republic of Cyprus
Dominica
Fiji
The Gambia
Ghana
Grenada
Guyana
India
Jamaica
Kenya
Kiribati
Lesotho
Malawi
Malaysia
F147 Maldives
Malta
Mauritius
F146Mozambique
Nauru
New Zealand
Nigeria
F148Pakistan
Papua New Guinea
F149Saint Christopher and Nevis
Saint Lucia
Saint Vincent and the Grenadines
Seychelles
Sierra Leone
Singapore
Solomon Islands
F150South Africa
Sri Lanka
Swaziland
Tanzania
Tonga
Trinidad and Tobago
Tuvalu
Uganda
Vanuatu
Western Samoa
Zambia
Zimbabwe
F151Namibia
X3SCHEDULE 4 Amendments of Immigration Act 1971
The text of Sch. 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
C761
In this Schedule “the 1971 Act” means the M33Immigration Act 1971.
C772
For “patrial”—
a
where it occurs in the provisions of the 1971 Act listed in the first column of the following table, and where it first occurs in section 6(2) of that Act, substitute “
a British citizen
”
;
b
where it occurs in the provisions listed in that Act in the second column of that table, and where it last occurs in section 6(2) of that Act, substitute “
British citizens
”
.
(1) “a British citizen” | (2) “British citizens” |
|---|---|
Section 3(1), (5), (6), (8) ; | Section 3(7) (twice) |
Section 5(2) ; | Section 4(4) ; |
Section 9(4) ; | Section 8(2), (3), (4) ; |
Section 14(2) ; | Section 9(2) ; |
Section 24(1) ; | F152. . . ; |
In section 33(1), the definitions of “entry clearance” and “work permit” ; | In Schedule 2, paragraph 26(1). |
In Schedule 2, paragraphs 2(1)(a), 3(1), 6(1), 12(2) and 13(2). | |
In Schedule 4, paragraphs 1(1) and (2), 3(1) and 4. |
C783
1
For “certificate of patriality”, wherever (except in section 33(1)) it occurs in the 1971 Act (that is, in sections 13(2), 22(4)(a) and (5)(a), 26(1)(d)
(twice) and paragraph 19(2) of Schedule 2 (twice)) substitute “
certificate of entitlement
”
.
2
In the entry in section 33(1) which defines “certificate of patriality”, for “patriality” substitute “
entitlement
”
.
4
In section 3(7) of the 1971 Act (powers available where restrictions or conditions are imposed on citizens of the United Kingdom and Colonies when leaving or seeking to leave other countries), for “citizens of the United Kingdom and Colonies” substitute “
British citizens, F153British overseas territories citizens or British Overseas citizens
”
.
C795
In section 8(5) of the 1971 Act, for the words from “settled” onwards (by virtue of which persons are not to be regarded for the purposes of the 1971 Act as having been settled in the United Kingdom while entitled to certain exemptions) substitiute “
settled in the United Kingdom at any time when he was entitled under the former immigration laws to any exemption corresponding to any of those afforded by subsection (3) or (4)(b) or (c) above or by any order under subsection (2) above.
”
.
6
F154. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C807
In section 33 of the 1971 Act (interpretation)—
a
in subsection (1)—
i
in the definition of “settled”, for the words from “with” onwards substitute “
with subsection (2A) below ;
”
; and
ii
after the definition of “ship” insert—
“United Kingdom passport” means a current passport issued by the Government of the United Kingdom, or by the Lieutenant-Governor of any of the Islands, or by the Government of any territory which is for the time being a F155British overseas territory within the meaning of the British Nationality Act 1981 ;
b
after subsection (2) insert—
2A
Subject to subsection 8(5) above, references to a person being settled in the United Kingdom are references to his being ordinarily resident there without being subject under the immigration laws to any restriction on the period for which he may remain.
F179SCHEDULE 5Citizenship Oath and Pledge
Sch. 5 substituted (1.1.2004) by Nationality, Immigration and Asylum Act 2002 (c. 41), s. 3, Sch. 1 para. 2 (with s. 159); S.I. 2003/3156, art. 2(a) (with arts. 3, 4)
C811
The form of citizenship oath and pledge is as follows for registration of or naturalisation as a British citizen—
Oath
“I,[name], swear by Almighty God that, on becoming a British citizen, I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law.”
Pledge
“I will give my loyalty to the United Kingdom and respect its rights and freedoms. I will uphold its democratic values. I will observe its laws faithfully and fulfil my duties and obligations as a British citizen.”
2
The form of citizenship oath and pledge is as follows for registration of or naturalisation as a British overseas territories citizen—
Oath
“I,[name], swear by Almighty God that, on becoming a British overseas territories citizen, I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law.”
Pledge
“I will give my loyalty to[name of territory] and respect its rights and freedoms. I will uphold its democratic values. I will observe its laws faithfully and fulfil my duties and obligations as a British overseas territories citizen.”
3
The form of citizenship oath is as follows for registration of a British Overseas citizen—
“I,[name], swear by Almighty God that, on becoming a British Overseas citizen, I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law.”
4
The form of citizenship oath is as follows for registration of a British subject—
“I,[name], swear by Almighty God that, on becoming a British subject, I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law.”.
SCHEDULE 6F160British Overseas Territories
Sch. 6 heading substituted (26.2.2002) by virtue of British Overseas Territories Act 2002 (c. 8), s. 1(1)(c)
Words in Sch. 6 repealed (4.12.2001) by S.I. 2001/3497, art. 2(a)
By S.I. 1986/948, art. 5 it is provided that on and after 1st July 1997 the British Nationality Act 1981 shall have effect as if in Sch. 6 to that Act (British Dependent Territories) the words “Hong Kong” were omitted.
Words repealed by S.I. 1983/882, art. 2(b)
Entry in Sch. 6 inserted (4.12.2001) by S.I. 2001/3497, art. 2(b)
Anguilla
Bermuda
British Antarctic Territory
British Indian Ocean Territory
Cayman Islands
Falkland Islands F156. . .
Gibraltar
F157Hong Kong
Montserrat
Pitcairn, Henderson, Ducie and Oeno Islands
. . . F158
St. Helena and Dependencies
F159South Georgia and the South Sandwich Islands
The Sovereign Base Areas of Akrotiri and Dhekelia (that is to say the areas mentioned in section 2(1) of the M34Cyprus Act 1960)
Turks and Caicos Islands
Virgin Islands.
X4SCHEDULE 7 Consequential Amendments
The text of Sch. 7 is in the form in which it was originally enacted: it was not wholly reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
ACT OF SETTLEMENT (12 & 13 Will. 3. c. 2.)
In section 3, the words from “That after the said limitation shall take effect” to “in trust for him” (which impose certain disqualifications) shall not apply to Commonwealth citizens or citizens of the Republic of Ireland.
LEGITIMACY DECLARATION ACT 1858 (c. 93)
In section 9 (declaration that person is a subject of Her Majesty in Scottish action of declarator) for “subject of Her Majesty” substitute “
Commonwealth citizen
”
.
SUBMARINE TELEGRAPH ACT 1885 (c. 49)
In section 3(5) (offence for a subject of Her Majesty to abet breaking or injuring of submarine cable outside dominions), for “a subject of Her Majesty” substitute “
a Commonwealth citizen
”
.
BRITISH NATIONALITY ACT 1948 (c. 56)
In section 3 (limitation of criminal liability of citizens of certain countries), after subsection (3) insert—
4
In this section “foreign country” and “British protected person” have the same meaning as in the British Nationality Act 1981.
IRELAND ACT 1949 (c. 41)
1
In section 3(1)(a) (certain provisions not affected by fact that Republic of Ireland is not part of Her Majesty’s dominions), for sub-paragraph (i) (which lists the British Nationality Act 1948) substitute—
i
section 3 of the British Nationality Act 1948 ;
2
For section 7(2) (interpretation of references to protectorates etc. by reference to the 1948 Act) substitute—
2
In this Act “the United Kingdom” includes the Channel Islands and the Isle of Man.
F161DEFAMATION ACT 1952 (c. 66)
Sch. 7: entry relating to the Defamation Act 1952 repealed (in force on 4.9.1996 so far as consequential on ss. 1, 5, 6, 12, 13, 16 of the repealing Act and 1.4.1999 so far as consequential on ss. 14, 15, 17, Sch. 1 of the repealing Act and wholly in force for S. on 31.3.2001 and wholly in force for N.I. on 6.1.2010) by 1996 c. 31, ss. 19, 31, Sch. 2 (with s. 20(2)); S.I. 1999/817, art. 2; S.S.I. 2001/98, art. 3(b)(i) (with art. 4); S.I. 2009/2858, art. 3
In Part III of the Schedule (interpretation), in paragraph 14, for “subsection (3) of section one of that Act” substitute “
Schedule 3 to the British Nationality Act 1981
”
.
F162DEFAMATION ACT (NORTHERN IRELAND) 1955 (c. 11) (N.I.)
Sch. 7: entry relating to the Defamation Act (Northern Ireland) 1955 repealed (in force on 4.9.1996 so far as consequential on ss. 1, 5, 6, 12, 13, 16 of the repealing Act and 1.4.1999 so far as consequential on ss. 14, 15, 17, Sch. 1 of the repealing Act and wholly in force for S. on 31.3.2001 and wholly in force for N.I. on 6.1.2010) by 1996 c. 31, ss. 16, 19(2), Sch. 2 (with s. 20(2)); S.I. 1999/817, art. 2; S.S.I. 2001/98, art. 3(b)(i) (with art. 4); S.I. 2009/2858, art. 3
In Part III of the Schedule (interpretation), in paragraph 14, for “subsection (3) of section one of that Act” substitute “
Schedule 3 to the British Nationality Act 1981
”
.
CYPRUS ACT 1960 (c. 52)
In section 6(1) (power to remove Republic of Cyprus from section 1(3) of 1948 Act), for the words from “specified” onwards substitute “
mentioned in Schedule 3 to the British Nationality Act 1981, Her Majesty may by Order in Council remove the Republic of Cyprus from that Schedule.
”
.
EMERGENCY LAWS (RE-ENACTMENTS AND REPEALS) ACT 1964 (c. 60)
In section 9 (territorial extent of Part I), in subsection (2)—
a
in the definition of “British protected person”, for “section 1(3) of the British Nationality Acts 1948 to 1964” substitute “
the British Nationality Act 1981
”
; and
b
in the definition of “excepted ship or aircraft”, for “section 1(3) of the British Nationality Act 1948” substitute “
Schedule 3 to the British Nationality Act 1981
”
.
DIPLOMATIC PRIVILEGES ACT 1964 (c. 81)
For section 3(2) (disregard, in connection with citizenship of children of certain persons possessing dipolmatic immunity, of Orders in Council withdrawing diplomatic privileges and immunities) substitute—
2
An Order in Council under this section shall be disregarded for the purposes of section 50(4) of the British Nationality Act 1981 (circumstances in wich certain persons entitled to exemption under section 8(3) of the Immigration Act 1971 are to be regarded for the purposes of section 1(1) of the said Act of 1981 as settled in the United Kingdom).
COMMONWEALTH SECRETARIAT ACT 1966 (c. 10)
In Part II of the Schedule (staff of the Secretariat), in paragraphs 5(1) and 7, for “section 1(3) of the M35British Nationality Act 1948” substitute “
Schedule 3 to the British Nationality Act 1981
”
.
WEST INDIES ACT 1967 (c. 4)
1
In section 13(3)
(power to make changes in nationality or citizenship law in certain events), for “citizens of the United Kingdom and Colonies” substitute “
F163British overseas territories citizens or British Overseas citizens
”
.
2
In Schedule 3 (modifications of British Nationality Acts)—
a
for paragraph 4(3) substitute—
3
This paragraph applies to those functions of the Secretary of State under the British Nationality Act 1981 in the case of which he has power under section 43 of the Act to make arrangements for them to be exercised in a F164British overseas territory which is for the time being a colony by the Governor ; and subsection (4) of that section (approval of the Secretary of State) shall apply in relation to a direction under this paragraph as it applies in relation to arrangements under that section.
b
in paragraph 6, for the words from “Section 26” to “1965)” substitute “
Section 44 of the British Nationality Act 1981
”
.
MARINE BROADCASTING (OFFENCES) ACT 1967 (c. 41)
Words in Sch. 7 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(b)
In section 3(3) (persons prohibited from broadcasting whilst on or over high seas), for paragraphs (a) to (e) substitute—
a
a British citizen, a F195British overseas territories citizen or a British Overseas citizen ; or
b
a person who under the British Nationality Act 1981 is a British subject ; or
c
a British protected person (within the meaning of that Act).
ANTARCTIC TREATY ACT 1967 (C. 65)
F165. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
FUGITIVE OFFENDERS ACT 1967 (c. 68)
. . . F166.
CONSULAR RELATIONS ACT 1968 (c. 18)
In section 1(2) (meaning of certain terms in Schedule 1), in the definition of “national of the receiving state”, for the words from “as” onwards substitute
as meaning—
a
a British citizen, a F167British overseas territories citizen or a British Overseas citizen ; or
b
a person who under the British Nationality Act 1981 is a British subject ; or
c
a British protected person (within the meaning of that Act).
TANZANIA ACT 1969 (c. 29)
In section 4(3) (enactments excluded from power to apply statutory provisions to Tanzania), for “the British Nationality Acts” substitute “
the British Nationality Act 1981
”
.
INCOME AND CORPORATION TAXES ACT 1970 (c. 10)
. . . F168.
MERCHANT SHIPPING ACT 1970 (c. 36)
1
In section 70(3) (meaning of “British seamen” in section 70), for “the British Nationality Act 1948” substitute “
the British Nationality Act 1981
”
.
2
In section 93(3) (meaning of “independent Commonwealth country” in section 93), for “section 1(3) of the British Nationality Act 1948” substitute “
Schedule 3 to the British Nationality Act 1981
”
.
Entry repealed by Aviation Security Act 1982 (c. 36, SIF 9), s. 40, Sch. 3
. . . F169
Entry repealed by Civil Aviation Act 1982 (c. 16, SIF 9), s. 109, Sch. 16
. . . F170
Entry repealed by Aviation Security Act 1982 (c. 36, SIF 9), s. 40, Sch. 3
. . . F171
CHILDREN ACT 1975 (c. 72)
1
In Part II of Schedule 1 (adoption orders)—
a
in paragraph 7(2)(a), for “the British Nationality Acts 1948 to 1965” substitute “
the British Nationality Act 1981
”
; and
b
in paragraph 7(2)(d), for “citizenship of the United Kingdom and Colonies” substitute “
British citizenship, F172British overseas territories citizenship or British Overseas citizenship.
”
.
2
In Schedule 2 (status conferred in Scotland by adoption)—
a
in paragraph 1(4)(a), for “the British Nationality Acts 1948 to 1965” substitute “
the British Nationality Act 1981
”
; and
b
in paragraph 1(4)(d), for “citizenship of the United Kingdom and Colonies” substitute “
British citizenship, F173British overseas territories citizenship or British Overseas citizenship.
”
.
ADOPTION ACT 1976 (c. 36)
In section 47(2) (nationality enactments)—
a
in paragraph (a), for “the British Nationality Acts 1948 to 1965” substitute “
the British Nationality Act 1981
”
; and
b
in paragraph (d), for “citizenship of the United Kingdom and Colonies” substitute “
British citizenship, F174British overseas territories citizenship or British Overseas citizenship.
”
.
NATIONAL HEALTH SERVICE ACT 1977 (c. 49)
In paragraph 3 of Schedule 11 (territorial extent)—
- a
in the definition of “British protected person”, for “the British Nationality Acts 1948 to 1965” substitute
“ the British Nationality Act 1981 ”
; and - b
in the definition of “excepted ship or aircraft”, for “section 1(3) of the British Nationality Act 1948” substitute
“ Schedule 3 to the British Nationality Act 1981 ”
.
SOLOMON ISLANDS ACT 1978 (c. 15)
In section 6 (construction of nationality provisions)—
a
in subsection (1), for “section 1(3) of the 1948 Act” substitute “
Schedule 3 to the British Nationality Act 1981
”
;
b
for subsection (2) substitute—
2
The following provisions of the British Nationality Act 1981, namely sections 45 (evidence), 46 (offences and proceedings), 48 (posthumous children) and 50 (interpretation) shall have effect for the purposes of sections 2 to 6 of this Act as if those sections of this Act were included in that Act.
c
in subsection (3), for “section 23(2) of the 1948 Act)” substitute “
section 47(2) of the British Nationality Act 1981)
”
.
ADOPTION (SCOTLAND) ACT 1978 (c. 28)
In section 41(2) (nationality enactments)—
a
in paragraph (a), for “the British Nationality Acts 1948 to 1965” substitute “
the British Nationality Act 1981
”
; and
b
in paragraph (d), for “citizenship of the United Kingdom and Colonies” substitute “
British citizenship, F175British overseas territories citizenship or British Overseas citizenship.
”
.
NATIONAL HEALTH SERVICE (SCOTLAND) ACT 1978 (c. 29)
In paragraph 3 of Schedule 10 (territorial extent)—
a
in the definition of “British protected person”, for “the British Nationality Acts 1948 to 1965” substitute “
the British Nationality Act 1981
”
; and
b
in the definition of “excepted ship or aircraft”, for “section 1(3) of the M36British Nationality Act 1948” substitute “
Schedule 3 to the British Nationality Act 1981
”
.
STATE IMMUNITY ACT 1978 (c. 33)
In section 4(5) (definition of “national of the United Kingdom”), for the words from “means” onwards substitute
means—
a
a British citizen, a F176British overseas territories citizen or a British Overseas citizen ; or
b
a person who under the British Nationality Act 1981 is a British subject ; or
c
a British protected person (within the meaning of that Act)
DEEP SEA MINING (TEMPORARY PROVISIONS) ACT 1981 (c. 53)
1
In section 1 (prohibition of unlicensed deep sea mining)—
a
in subsection (4), for “citizen of the United Kingdom and Colonies” substitute “
United Kingdom national
”
;
b
in subsection (5)(a), for “citizens of the United Kingdom and Colonies” and “such citizens” substitute respectively “
United Kingdom nationals
”
and “
such nationals
”
; and
c
in subsection (6), for the words from “and references” onwards substitute—
“United Kingdom national” means—
a
a British citizen, a F177British overseas territories citizen or a British Overseas citizen ;
b
a person who under the British Nationality Act 1981 is a British subject ; or
c
a British protected person (within the meaning of that Act).
2
In section 14(3)
(persons who may be guilty of offences under regulations), for “a citizen of the United Kingdom and Colonies” substitute “
a British citizen, a F178British overseas territories citizen or a British Overseas citizen
”
.
SCHEDULE 8 Transitional Provisions
Applications for naturalisation or registration pending at commencement
1
1
This paragraph applies to any application—
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.
2
Where 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.
Registration at U.K. consulate, after commencement, of certain births occurring in foreign countries less than a year before commencement
3
1
This paragraph applies to a person born less than a year before commencement if—
a
the birth occurred in a place in a foreign country (within the meaning of the 1948 Act); and
b
at the time of the birth his father was a citizen of the United Kingdom and Colonies by descent only; and
c
the birth was not registered at a United Kingdom consulate before commencement.
2
If the birth of a person to whom this paragraph applies is registered at a United Kingdom consulate within one year of its occurrence, he shall be deemed for the purposes of this Act to have been, immediately before commencement, a citizen of the United Kingdom and Colonies by virtue of section 5 of the 1948 Act (citizenship by descent).
3
References in this paragraph to the 1948 Act are references to that Act as in force at the time of the birth in question.
Declarations by certain persons who by virtue of an Order in Council under section 4 of the Cyprus Act 1960 have ceased to be citizens of the United Kingdom and Colonies
4
1
Where—
a
a person has before commencement duly made a declaration under section 4(2) of the M37Cyprus Act 1960 of his intention to resume citizenship of the United Kingdom and Colonies; but
b
at commencement the declaration has not been registered,
the Secretary of State shall cause the declaration to be registered.
2
If—
a
a person who in consequence of anything done before he attained the age of sixteen years ceased by virtue of an Order in Council under section 4 of the Cyprus Act 1960 to be a citizen of the United Kingdom and Colonies makes, in such a manner as the Secretary of State may direct, a declaration of his intention to accept the citizenship available to him under this paragraph; and
b
the declaration is made by him after commencement and within one year after his attaining the age of twenty-one years,
the Secretary of State shall cause the declaration to be registered.
3
On the registration under sub-paragraph (1) or (2) of any such declaration as is there mentioned the person who made it shall become under this Act such a citizen as he would have become at commencement if, immediately before commencement, he had been a citizen of the United Kingdom and Colonies by virtue of section 4(2) of the Cyprus Act 1960.
Applications for certificates of patriality pending at commencement
5
Any application for a certificate of patriality under the M38Immigration Act 1971 duly made but not determined before commencement shall be treated as if it were an application for a certificate of entitlement under that Act as amended by this Act.
Appeals under Part II of Immigration Act 1971
6
Where a person who has been refused a certificate of patriality under the M39Immigration Act 1971 before commencement has immediately before commencement a right of appeal under Part II (appeals) of that Act against the refusal, the provisions of that Part shall have effect in relation to the refusal as if he had applied for, and been refused, a certificate of entitlement under that Act as amended by this Act.
7
Any appeal under Part II of the Immigration Act 1971 against a refusal of a certificate of patriality under that Act which is pending immediately before commencement shall be treated as if it were an appeal against a refusal of a certificate of entitlement under that Act as amended by this Act.
8
In relation to appeals against any decision taken or other thing done under the Immigration Act 1971 before commencement, other than a refusal of a certificate of patriality under that Act, the provisions of that Act shall continue to apply as in force immediately before commencement, and not as amended by this Act.
X5SCHEDULE 9 REPEALS
The text of Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Chapter | Short title | Extent of repeal |
|---|---|---|
11 & 12 Geo. 6. c. 3. | Burma Independence Act 1947. | Section 2. |
Schedule 1. | ||
11 & 12 Geo. 6. c. 56. | British Nationality Act 1948. | The whole Act except— |
(a)section (3); | ||
(b)section 32(3); | ||
(c)section 33(1) from the beginning to the words “Isle of Man”; and | ||
Section 34(1). | ||
12, 13 & 14 Geo. 6. c. 41. | Ireland Act 1949. | Section 5. |
14 Geo. 6. c. 5. | Newfoundland (Consequential Provisions) Act 1950. | The whole Act. |
15 & 16 Geo. 6 & 1 Eliz. 2. c. 67. | Visiting Forces Act 1952. | Section 15(3)(c) and (d). |
5 & 6 Eliz. 2. c. 6. | Ghana Independence Act 1957. | Section 2. |
5 & 6 Eliz. 2. c. 60. | Federation of Malaya Independence Act 1957. | In Schedule 1, paragraph 1. |
6 & 7 Eliz. 2. c. 10. | British Nationality Act 1958. | The whole Act. |
7 & 8 Eliz. 2. c. 5. | Adoption Act 1958. | Section 19. |
In section 60(2), the words “section nineteen, and”. | ||
8 & amp; 9 Eliz. 2. c. 52. | Cyprus Act 1960. | Section 4(2) to (4) and (7). |
In the Schedule, paragraph 1. | ||
8 & 9 Eliz. 2. c. 55. | Nigeria Independence Act 1960. | Section 2. |
9 & 10 Eliz. 2. c. 16. | Sierra Leone Independence Act 1961. | Section 2. |
10 Eliz. 2. c. 1. | Tanganyika Independence Act 1961. | Section 2. |
10 & 11 Eliz. 2. c. 8. | Civil Aviation (Euro-control) Act 1962. | Section 9(2). |
10 & 11 Eliz. 2. c. 21. | Commonwealth Immigrants Act 1962. | Section 12(2) and (4). |
10 & 11 Eliz. 2. c. 23. | South Africa Act 1962. | Section 1(2). |
Schedule 1. | ||
10 & 11 Eliz. 2. c. 40. | Jamaica Independence Act 1962. | Section 2. |
10 & 11 Eliz. 2. c. 54. | Trinidad and Tobago Independence Act 1962. | Section 2. |
10 & 11 Eliz. 2. c. 57. | Uganda Independence Act 1962. | Section 2. |
1963 c. 35. | Malaysia Act 1963. | Section 2. |
Schedule 1. | ||
1963 c. 54. | Kenya Independence Act 1963. | Sections 2 and 3. |
1963 c. 55. | Zanzibar Act 1963. | Section 2. |
Schedule 2. | ||
1964 c. 5. | International Headquarters and Defence Organisations Act 1964. | Section 2(1)(c). |
In section 2(1)(d), the reference to paragraph (c). | ||
1964 c. 22. | British Nationality Act 1964. | The whole Act. |
1964 c. 57. | Adoption Act 1964. | Section 1(3). |
In section 4(4), the words from “except” to “1958”. | ||
1964 c. 65. | Zambia Independence Act 1964. | Sections 3 and 4. |
1964 c. 81. | Diplomatic Privilages Act 1964. | Section 5(2). |
1964 c. 86. | Malta Independence Act 1964. | Sections 2 and 3. |
1964 c. 93. | Gambia Independence Act 1964. | Sections 2 and 3. |
1965 c. 34. | British Nationality Act 1965. | The whole Act. |
1966 c. 14. | Guyana Independence Act 1966. | Sections 2 and 3. |
1963 c. 23. | Botswana Independence Act 1966. | Sections 3 and 4. |
1966 c. 24. | Lesotho Independence Act 1966. | Sections 3 and 4. |
1966 c. 29. | Singapore Act 1966. | In the Schedule, paragraph 1. |
1966 c. 37. | Barbados Independence Act 1966. | Sections 2 and 3. |
1967 c. 4. | West Indies Act 1967. | Section 12. |
In Schedule 3, paragraphs 1. to 3, 5 and 7 and, in paragraph 4(1), the words form “(subject” to “Schedule)”. | ||
1967 c. 71. | Aden, Perim and Kuria Muria Islands Act 1967. | Section 2. |
Schedule. | ||
1968 c. 8. | Mauritius Independence Act 1968 | Sections 2 and 3. |
1968 c. 18. | Consular Relations Act 1968. | Section 7. |
1968 c. 53. | Adoption Act 1968. | Section 9(5). |
In section 14(3), the words “except sections 9(5) and this section”. | ||
1968 c. 56. | Swaziland Independence Act 1968. | Sections 3 and 4. |
1968 c. 59. | Hovercraft Act 1968. | In the Schedule, paragraph 1(d). |
1969 c. 29. | Tanzania Act 1969. | Section 1. |
Section 7(1)(a) and (2). | ||
1969 c. 46. | Family Law Reform Act 1969. | Section 28(4)(a). |
In Schedule 1, the entry relating to the British Nationality Act 1948. | ||
1970 c. 22. | Tonga Act 1970. | Section 2. |
1970 c. 50. | Fiji Independence Act 1970. | Sections 2 and 3. |
1971 c. 62. | Tribunals and Inquiries Act 1971. | In section 14(3), the words from “affect” to “1948 or”. |
1971 c. 77. | Immigration Act 1971. | In section 9(5), the words from “other” to “section 2”. |
Section 30(1). | ||
In section 31(a), the words from “(including” to “Act)”. | ||
Schedule 1 (including Appendices A to C). | ||
1972 c. 55. | Sri Lanka Republic Act 1972. | Section 1(3) and (5). |
1973 c. 27. | Bahamas Independence Act 1973. | Section 2(1), (2) and (6). |
1973 c. 48. | Pakistan Act 1973. | Section 1. |
Schedules 1 and 2. | ||
1973 c. 49. | Bangladesh Act 1973. | Section 2. |
1975 c. 31. | Malta Republic Act 1975. | Section 1(3). |
1975 c. 72. | Children Act 1975. | In section 109(2)(b), the words “and 63” and “and”. |
Section 109(2)(c). | ||
In Schedule 3, paragraph 63. | ||
1976 c. 19. | Seychelles Act 1976. | Sections 3 and 4. |
Section 5(3). | ||
1976 c. 36. | Adoption Act 1976. | Section 40. |
In section 47(2), the words “Without prejudice to section 40”. | ||
In section 74(4), the words from “except” to “1968”. | ||
1976 c. 54. | Trinidad and Tobago Republic Act 1976. | Section 1(3). |
1978 c. 15. | Soloman Islands Act 1978. | Section 2(1). |
Section 4(5). | ||
Section 5(1) and (3). | ||
1978 c. 20. | Tuvalu Act 1978. | Sections 2, 3 and 5(2). |
1978 c. 23. | Judicature (Northern Ireland) Act 1978. | Section 22(2)(a). |
1978 c. 28. | Adoption (Scotland) Act 1978. | Section 40. |
In section 41(2), the words “Without prejudice to section 40”. | ||
1978 c. 30. | Interpretation Act 1978. | In section 24(4), the words “British subject and Commonwealth citizen ;”. |
In Schedule 1. the entry defining “British subject” and “Commonwealth citizen”. | ||
In Schedule 2, inparagraph 6, the words “British subject and Commonwealth citizen ;”. | ||
1979 c. 27. | Kiribati Act 1979. | Section 3(3). |
Sections 4 and 5. | ||
Section 7(2). | ||
1979 c. 60. | Zimbabwe Act 1979. | Section 2. |
In section 5(2)— | ||
(a) paragraph (a); and | ||
(b) in paragraph (b), the words “1 or”. | ||
Schedule 1. | ||
1980 c. 2. | Papua New Guinea, Western Samoa and Nauru (Miscellaneous Provisions) Act 1980. | In section 1, subsection (1) and, in subsection (3), the reference to section 3(2). |
Section 2. | ||
Section 3(2). | ||
1980 c. 16. | New Hebrides Act 1980. | Section 1. |
In section 4(2), the reference to section 1(2). | ||
1981 c. 52. | Belize Act 1981. | Section 4(1). |
1981 c. 61. | British Nationality Act 1981. | Section 49. |
Act partly in force at Royal Assent, see s. 53(2)(3); Act wholly in force at 1.1.1983, see S.I. 1982/933