The Falkland Islands Constitution (Amendment) Order 1997

Amendment of Section 17 of the Constitution

3.  Section 17 of the Constitution is amended by substituting for subsection (5) the following—

“(5) For the purposes of the foregoing provisions of this Chapter a person shall be regarded as belonging to the Falkland Islands if he enjoys Falkland Islands status and a person enjoys such status if that person is—

(a) a citizen who was born in the Falkland Islands; or

(b) a citizen who was born outside the Falkland Islands—

(i) whose father or mother was born in the Falkland Islands; or

(ii) who is domiciled in the Falkland Islands and whose father or mother became, while resident in the Falkland Islands, a citizen by virtue of having been naturalised or registered as such or as a British subject or as a citizen of the United Kingdom and Colonies; or

(c) a citizen by virtue of having been so naturalised or registered while resident in the Falkland Islands; or

(d) a Commonwealth citizen who is domiciled in the Falkland Islands who either

(i) was ordinarily resident in the Falkland Islands for the seven years immediately preceding 1st September 1997; or

(ii) has been granted such status under the provisions of an Ordinance providing for the grant of that status to Commonwealth citizens who have been ordinarily resident in the Falkland Islands for a period of at least seven years and has not, in accordance with the provisions of that Ordinance, lost or been deprived of such status; or

(e) The spouse, widow or widower of such a person as is referred to in any of the preceding paragraphs of this subsection, and, in the case of a spouse, is not living apart from her husband or his wife, as the case may be, under a decree of a competent court or a deed of separation; or

(f) under the age of eighteen years and is the child, stepchild or child adopted in a manner recognised by law, of such a person as is referred to in any of the preceding paragraphs of this subsection.”.