Part V U.K. Miscellaneous and Supplementary

Modifications etc. (not altering text)

C1 Pt. V (ss. 36–53) extended by S.I. 1983/882, art. 3(5)

42 Registration and naturalisation: general provisions. U.K.

(1) Subject to subsection (2)—

(a) a person shall not be registered under any provision of this Act as a citizen of any description or as a British subject; and

(b) a certificate of naturalisation shall not be granted to a person under any provision of this Act,

unless—

(i) any fee payable by virtue of this Act in connection with the registration or, as the case may be, the grant of the certificate has been paid; and

(ii) the person concerned has within the prescribed time taken an oath of allegiance in the form indicated in Schedule 5.

(2) So much of subsection (1) as requires the taking of an oath of allegiance shall not apply to a person who—

(a) is not of full age; or

(b) is already a British citizen, a [F1 British overseas territories citizen] , [F2 a British National (Overseas),] a British Overseas citizen, a British subject, or a citizen of any country of which Her Majesty is Queen.

(3) Any provision of this Act which provides for a person to be entitled to registration as a citizen of any description or as a British subject shall have effect subject to the preceding provisions of this section.

(4) A person registered under any provision of this Act as a British citizen, or as a [F1 British overseas territories citizen][F3 , or as a British National (Overseas),] or as a British Overseas citizen, or as a British subject, shall be a citizen of that description or, as the case may be, [F3 a British National (Overseas) or] a British subject as from the date on which he is so registered.

(5) A person to whom a certificate of naturalisation as a British citizen or as a [F1 British overseas territories citizen] is granted under any provision of this Act shall be a citizen of that description as from the date on which the certificate is granted.

[F4 (6) A person who applies for registration or naturalisation as a [F1 British overseas territories citizen] under any provision of this Act by virtue (wholly or partly) of his having a connection with Hong Kong, may not be naturalised or registered, as the case may be, unless he makes his application on or before 31st March 1996.]

Textual Amendments

F1 Words in s. 42 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(b)

F2 By S.I. 1986/948, art. 7(5)(a) it is provided that s. 42 shall have effect as if in sub-section (2)(b) after the words “British Dependent Territories citizen,” there were inserted the words “a British National (Overseas),”

F3 By S.I. 1986/948, art. 7(5)(b)(ii) (iii) it is provided that s. 42 shall have effect as if in subsection (4) after the words “British Dependent Territories citizen” there were inserted the words “, or as a British National (Overseas),” and after the words “as the case may be,” there were inserted the words “a British National (Overseas) or”

F4 S. 42(6) inserted (21.7.1993) by S.I. 1993/1795, art. 3.

Modifications etc. (not altering text)

C2 Ss. 40-42, 44-48, 50 extended by British Nationality (Hong Kong) Act 1991 (c.34, SIF 87), s.2(3)

C3 Ss. 41, 42, 44-48 extended by British Nationality (Falkland Islands) Act 1983 (c.6, SIF 87), s. 4(2)(a)-(f)

C4 S. 42 modified (19.3.1997) by 1997 c. 20, s. 2(3)

C5 S. 42 amended (18.7.1996) by 1996 c. 41, s. 2(2)

C6 S. 42(4) amended by S.I. 1986/948, art. 7(5)(b)(i)