British Nationality Act 1981

Section 52(7).

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 [1960 c. 52.] Cyprus 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 [1971 c. 77.] Immigration 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 [1971 c. 77.] Immigration 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.