The British Nationality (General and Hong Kong) (Amendment) Regulations 2007

Amendment of the British Nationality (General) Regulations 2003

4.—(1) Schedule 2 to the 2003 Regulations (particular requirements as respects applications) is amended as follows.

(2) In paragraphs 1, 2 and 12 (applications under sections 1(3), 1(4) and 5 of the Act)—

(a) after “showing” insert “(a)”; and

(b) at the end insert—

“; and

(b) where the applicant is aged 10 or over, that he is of good character.”.

(3) In paragraphs 6 and 11 (applications under sections 3(5) and 4C of the Act) at the end insert—

“; and

(d) where the applicant is aged 10 or over, that he is of good character.”.

(4) In paragraphs 7(1), 8(1) and 9 (applications under sections 4(2), 4(5) and 4A of the Act), at the end insert—

“; and

(c) where the applicant is aged 10 or over, that he is of good character.”.

(5) In paragraph 13 (application under section 6(1) of the Act)(1) at the end insert—

“(3) If the applicant is not of full capacity and it is desired that the requirement of full capacity be waived in accordance with section 44A of the Act (waiver of requirement for full capacity)(2), the application shall specify why it would be in the applicant’s best interests for the requirement to be waived in his case.”.

(6) In paragraph 14 (application under section 6(2) of the Act)(3) at the end insert—

“(4) If the applicant is not of full capacity and it is desired that the requirement of full capacity be waived in accordance with section 44A of the Act (waiver of requirement for full capacity), the application shall specify why it would be in the applicant’s best interests for the requirement to be waived in his case.”.

(7) In paragraph 15 (application under section 10(1) of the Act) at the end insert—

“; and

(f) where the applicant is aged 10 or over, that he is of good character.”.

(8) In paragraph 16 (application under section 10(2) of the Act)(4)—

(a) the provisions of the paragraph shall become sub-paragraph (1) of that paragraph;

(b) at the end insert—

“; and

(d) where the applicant is aged 10 or over, that he is of good character.”; and

(c) after sub-paragraph (1) insert—

“(2) If the applicant is not of full capacity and it is desired that the requirement of full capacity be waived in accordance with section 44A of the Act (waiver of requirement for full capacity), the application shall specify why it would be in the applicant’s best interests for the requirement to be waived in his case.”.

(9) In paragraph 17 (application under section 13(1) of the Act)—

(a) the provisions of the paragraph shall become sub-paragraph (1) of that paragraph;

(b) at the end insert—

“; and

(f) where the applicant is aged 10 or over, that he is of good character.”; and

(c) after sub-paragraph (1) insert —

“(2) If the applicant is not of full capacity and it is desired that the requirement of full capacity be waived in accordance with section 44A of the Act (waiver of requirement for full capacity), the application shall specify why it would be in the applicant’s best interests for the requirement to be waived in his case.”.

(10) In paragraph 18 (application under section 13(3) of the Act)—

(a) the provisions of the paragraph shall become sub-paragraph (1) of that paragraph;

(b) at the end insert—

“; and

(c) where the applicant is aged 10 or over, that he is of good character.”; and

(c) after sub-paragraph (1) insert—

“(2) If the applicant is not of full capacity and it is desired that the requirement of full capacity be waived in accordance with section 44A of the Act (waiver of requirement for full capacity), the application shall specify why it would be in the applicant’s best interests for the requirement to be waived in his case.”.

(1)

Paragraph 13 of Schedule 2 to the 2003 Regulations has been amended by S.I. 2005/2785.

(2)

Section 44A of the 1981 Act was inserted by section 49 of the Immigration, Asylum and Nationality Act 2006.

(3)

Paragraph 14 of Schedule 2 to the 2003 Regulations has been amended by S.I. 2005/2114 and S.I. 2005/2785.

(4)

Paragraph 16 of Schedule 2 to 2003 Regulations has been amended by S.I. 2005/2114.