C5 Part V Miscellaneous and Supplementary
X139 Amendment of Immigration Act 1971.
C11
The Immigration Act 1971 shall be amended in accordance with the following provisions of this section.
C22
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.
F13
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C34
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.
F15
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C46
Schedule 4 (which contains further amendments of the M1Immigration Act 1971) shall have effect.
7
In section 90 of the M2Mental Health Act 1959 and section 82 of the M3Mental 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 M4Immigration 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 F2as in force after commencement, unless at commencement the holder ceases to have the right of abode in the United Kingdom.
Pt. V (ss. 36–53) extended by S.I. 1983/882, art. 3(5)