BRITISH NATIONALITY ACT
1981 CHAPTER 61
An Act to make fresh
provision about citizenship and nationality, and to amend the Immigration Act
1971 as regards the right of abode in the United Kingdom.
[October 30, 1981]
Notes:
Act amended by British Nationality (Hong Kong)
Act 1990 (c.34), s. 2(1), British Nationality (Hong Kong) Act 1990 (c.34), s.
2(1); extended by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(1); restricted by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(2) and amended by S.I. 1983/1699, art. 2(1)
UK ST 1981 c 61 (Refs & Annos)
Amendment as at: June 1, 2003
PART I BRITISH CITIZENSHIP
ACQUISITION AFTER COMMENCEMENT
s 1 Acquisition by birth or adoption.
(1) A person born in the United Kingdom after
commencement, or in a qualifying territory on or after the appointed day, shall
be a British citizen if at the time of the birth his father or mother is--
(a) a British citizen; or
(b) settled in the United Kingdom or that
territory.
(2) A new-born infant who, after commencement,
is found abandoned in the United Kingdom, or on or after the appointed day is
found abandoned in a qualifying territory, shall, unless the contrary is shown,
be deemed for the purposes of subsection (1)--
(a) to have been born in the United Kingdom
after commencement or in that territory on or after the appointed day; and
(b) to have been born to a parent who at the
time of the birth was a British citizen or settled in the United Kingdom or
that territory.
(3) A person born in the United Kingdom after
commencement who is not a British citizen by virtue of subsection (1) or (2)
shall be entitled to be registered as a British citizen if, while he is a
minor--
(a) his father or mother becomes a British
citizen or becomes settled in the United Kingdom; and
(b) an application is made for his registration
as a British citizen.
(4) A person born in the United Kingdom after
commencement who is not a British citizen by virtue of subsection (1) or (2)
shall be entitled, on an application for his registration as a British citizen
made at any time after he has attained the age of ten years, to be registered
as such a citizen if, as regards each of the first ten years of that person's
life, the number of days on which he was absent from the United Kingdom in that
year does not exceed 90.
(5) Where--
(a) any court in the United Kingdom makes an
order authorising the adoption of a minor who is not a British citizen; or
(b) a minor who is not a British citizen is
adopted under a Convention adoption,
that minor shall, if the requirements of
subsection (5A) are met, be a British citizen as from the date on which the
order is made or the Convention adoption is effected, as the case may be.
(5A) Those requirements are that on the date on
which the order is made or the Convention adoption is effected (as the case may
be)--
(a) the adopter or, in the case of a joint
adoption, one of the adopters is a British citizen; and
(b) in a case within subsection (5)(b), the
adopter or, in the case of a joint adoption, both of the adopters are
habitually resident in the United Kingdom.
(6) Where an order or a Convention adoption in
consequence of which any person became a British citizen by virtue of
subsection (5) ceases to have effect, whether on annulment or otherwise, the
cesser shall not affect the status of that person as a British citizen.
(7) If in the special circumstances of any
particular case the Secretary of State thinks fit, he may for the purposes of
subsection (4) treat the person to whom the application relates as fulfilling
the requirement specified in that subsection although, as regards any one or
more of the first ten years of that person's life, the number of days on which
he was absent from the United Kingdom in that year or each of the years in
question exceeds 90.
(8) In this section and elsewhere in this Act
"settled" has the meaning given by section 50[ and in this section
"Convention adoption" has the same meaning as in the Adoption Act
1976 and the Adoption (Scotland) Act 1978] [FN1].
[FN1] words inserted by Adoption (Intercountry
Aspects) Act (1999 c.18), s 7 (3)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Pt I s 1
UK ST 1981 c 61 Pt I s 1
s 2 Acquisition by descent.
(1) A person born outside the United Kingdom and
the qualifying territories after commencement shall be a British citizen if at
the time of the birth his father or mother--
(a) is a British citizen otherwise than by
descent; or
(b) is a British citizen and is serving outside
the United Kingdom and the qualifying territories in service to which this
paragraph applies, his or her recruitment for that service having taken place
in the United Kingdom or a qualifying territory; or
(c) is a British citizen and is serving outside
the United Kingdom and the qualifying territories in service under a Community
institution, his or her recruitment for that service having taken place in a
country which at the time of the recruitment was a member of the Communities.
(2) Paragraph (b) of subsection (1) applies to--
(a) Crown service under the government of the
United Kingdom or of a qualifying territory; and
(b) service of any description for the time
being designated under subsection (3).
(3) For the purposes of this section the
Secretary of State may by order made by statutory instrument designate any
description of service which he considers to be closely associated with the
activities outside the United Kingdom[ and the qualifying territories] [FN1] of
Her Majesty's government in the United Kingdom or in a qualifying territory.
(4) Any order made under subsection (3) shall be
subject to annulment in pursuance of a resolution of either House of
Parliament.
[FN1] words inserted by British Overseas
Territories Act (2002 c.8), Sch 1 Para 2 (4) (a)
s 3 Acquisition by registration: minors.
(1) If while a person is a minor an application
is made for his registration as a British citizen, the Secretary of State may,
if he thinks fit, cause him to be registered as such a citizen.
(2) A person born outside the United Kingdom and
the qualifying territories shall be entitled, on an application for his
registration as a British citizen made within the period of twelve months from
the date of birth, to be registered as such a citizen if the requirements
specified in subsection (3) or, in the case of a person born stateless, the
requirements specified in paragraphs (a) and (b) of that subsection, are
fulfilled in the case of either that person's father or his mother ("the
parent in question").
(3) The requirements referred to in subsection
(2) are--
(a) that the parent in question was a British
citizen by descent at the time of the birth; and
(b) that the father or mother of the parent in
question--
(i) was a British citizen otherwise than by
descent at the time of the birth of the parent in question; or
(ii) became a British citizen otherwise than by
descent at commencement, or would have become such a citizen otherwise than by
descent at commencement but for his or her death; and
(c) that, as regards some period of three years
ending with a date not later than the date of the birth--
(i) the parent in question was in the United
Kingdom or a qualifying territory at the beginning of that period; and
(ii) the number of days on which the parent in
question was absent from the United Kingdom and the qualifying territories in
that period does not exceed 270.
(4) If in the special circumstances of any
particular case the Secretary of State thinks fit, he may treat subsection (2)
as if the reference to twelve months were a reference to six years.
(5) A person born outside the United Kingdom and
the qualifying territories shall be entitled, on an application for his
registration as a British citizen made while he is a minor, to be registered as
such a citizen if the following requirements are satisfied, namely--
(a) that at the time of that person's birth his
father or mother was a British citizen by descent; and
(b) subject to subsection (6), that that person
and his father and mother were in the United Kingdom[ or a qualifying
territory] [FN1] at the beginning of the period of three years ending with the
date of the application and that, in the case of each of them, the number of
days on which the person in question was absent from the United Kingdom[ and
the qualifying territories] [FN2] in that period does not exceed 270; and
(c) subject to subsection (6), that the consent
of his father and mother to the registration has been signified in the
prescribed manner.
(6) In the case of an application under
subsection (5) for the registration of a person as a British citizen--
(a) if his father or mother died, or their
marriage was terminated, on or before the date of the application, or his
father and mother were legally separated on that date, the references to his
father and mother in paragraph (b) of that subsection shall be read either as
references to his father or as references to his mother;
(b) if his father or mother died on or before
that date, the reference to his father and mother in paragraph (c) of that
subsection shall be read as a reference to either of them; and
(c) if he was born illegitimate, all those
references shall be read as references to his mother.
[FN1] words inserted by British Overseas
Territories Act (2002 c.8), Sch 1 Para 3 (4) (b)
[FN2] words inserted by British Overseas
Territories Act (2002 c.8), Sch 1 Para 3 (4) (b)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Pt I s 3
UK ST 1981 c 61 Pt I s 3
s 4 Acquisition by registration: BRITISH OVERSEAS TERRITORIES CITIZENS
etc.
(1) This section applies to any person who is a [British overseas
territories citizen] [FN2], a British National (Overseas), a British Overseas
citizen, a British subject under this Act or a British protected person.
(2) A person to whom this section applies shall be entitled, on an
application for his registration as a British citizen, to be registered as such
a citizen if the following requirements are satisfied in the case of that
person, namely--
(a) subject to subsection (3), that he was in the United Kingdom at the
beginning of the period of five years ending with the date of the application
and that the number of days on which he was absent from the United Kingdom in
that period does not exceed 450; and
(b) that the number of days on which he was absent from the United
Kingdom in the period of twelve months so ending does not exceed 90; and
(c) that he was not at any time in the period of twelve months so ending
subject under the immigration laws to any restriction on the period for which
he might remain in the United Kingdom; and
(d) that he was not at any time in the period of five years so ending in
the United Kingdom in breach of the immigration laws.
(3) So much of subsection (2)(a) as requires the person in question to
have been in the United Kingdom at the beginning of the period there mentioned
shall not apply in relation to a person who was settled in the United Kingdom
immediately before commencement.
(4) If in the special circumstances of any particular case the Secretary
of State thinks fit, he may for the purposes of subsection (2) do all or any of
the following things, namely--
(a) treat the person to whom the application relates as fulfilling the
requirement specified in subsection (2)(a) or subsection (2)(b), or both, although the number of days on
which he was absent from the United Kingdom in the period there mentioned
exceeds the number there mentioned;
(b) disregard any such restriction as is mentioned in subsection (2)(c),
not being a restriction to which that person was subject on the date of the
application;
(c) treat that person as fulfilling the requirement specified in
subsection (2)(d) although he was in the United Kingdom in breach of the
immigration laws in the period there mentioned.
(5) If, on an application for registration as a British citizen made by
a person to whom this section applies, the Secretary of State is satisfied that
the applicant has at any time served in service to which this subsection
applies, he may, if he thinks fit in the special circumstances of the applicant's
case, cause him to be registered as such a citizen.
(6) Subsection (5) applies to--
(a) Crown service under the government of a British overseas territory;
and
(b) paid or unpaid service (not falling within paragraph (a)) as a
member of any body established by law in a British overseas territory members
of which are appointed by or on behalf of the Crown.
[FN1] words substituted by British Overseas Territories Act (2002 c.8),
s 2 (2)
[FN2] words substituted by British Overseas Territories Act (2002 c.8),
s 2 (2)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Pt I s 4
UK ST 1981 c 61 Pt I s 4
s 4A Acquisition by registration: further
provision for British overseas territories citizens
[
4A Acquisition by registration: further
provision for British overseas territories citizens
(1) If an application is made to register as a
British citizen a person who is a British overseas territories citizen, the
Secretary of State may if he thinks fit cause the person to be so registered.
(2) Subsection (1) does not apply in the case of
a British overseas territories citizen who--
(a) is such a citizen by virtue only of a
connection with the Sovereign Base Areas of Akrotiri and Dhekelia; or
(b) has ceased to be a British citizen as a
result of a declaration of renunciation.
] [FN1]
Notes:
Act amended by British Nationality (Hong Kong)
Act 1990 (c.34), s. 2(1), British Nationality (Hong Kong) Act 1990 (c.34), s.
2(1); extended by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(1); restricted by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(2) and amended by S.I. 1983/1699, art. 2(1)
[FN1] added by British Overseas Territories Act
(2002 c.8), s 4
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Pt I s 4A
UK ST 1981 c 61 Pt I s 4A
s 4B Acquisition by registration: certain
persons without other citizenship
[
4B Acquisition by registration: certain persons
without other citizenship
(1) This section applies to a person who has the
status of--
(a) British Overseas citizen,
(b) British subject under this Act, or
(c) British protected person.
(2) A person to whom this section applies shall
be entitled to be registered as a British citizen if--
(a) he applies for registration under this
section,
(b) the Secretary of State is satisfied that the
person does not have, apart from the status mentioned in subsection (1), any
citizenship or nationality, and
(c) the Secretary of State is satisfied that the
person has not after 4th July 2002 renounced, voluntarily relinquished or lost
through action or inaction any citizenship or nationality.
] [FN1]
Notes:
Act amended by British Nationality (Hong Kong)
Act 1990 (c.34), s. 2(1), British Nationality (Hong Kong) Act 1990 (c.34), s.
2(1); extended by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(1); restricted by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(2) and amended by S.I. 1983/1699, art. 2(1)
[FN1] added by Nationality, Immigration and
Asylum Act (2002 c.41), Pt 1 s 12 (1)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Pt I s 4B
UK ST 1981 c 61 Pt I s 4B
s 4C Acquisition by registration: certain
persons born between 1961 and 1983
[
4C Acquisition by registration: certain persons
born between 1961 and 1983
(1) A person is entitled to be registered as a
British citizen if--
(a) he applies for registration under this
section, and
(b) he satisfies each of the following
conditions.
(2) The first condition is that the applicant
was born after 7th February 1961 and before 1st January 1983.
(3) The second condition is that the applicant
would at some time before 1st January 1983 have become a citizen of the United
Kingdom and Colonies by virtue of section 5 of the British Nationality Act 1948
(c. 56) if that section had provided for citizenship by descent from a mother
in the same terms as it provided for citizenship by descent from a father.
(4) The third condition is that immediately
before 1st January 1983 the applicant would have had the right of abode in the
United Kingdom by virtue of section 2 of the Immigration Act 1971 (c. 77) had
he become a citizen of the United Kingdom and Colonies as described in
subsection (3) above.
] [FN1]
Notes:
Act amended by British Nationality (Hong Kong)
Act 1990 (c.34), s. 2(1), British Nationality (Hong Kong) Act 1990 (c.34), s.
2(1); extended by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(1); restricted by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(2) and amended by S.I. 1983/1699, art. 2(1)
[FN1] added by Nationality, Immigration and
Asylum Act (2002 c.41), Pt 1 s 13 (1)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Pt I s 4C
UK ST 1981 c 61 Pt I s 4C
s 5 Acquisition by registration: nationals for
purposes of the Community Treaties.
A [British overseas territories citizen] [FN1]
who falls to be treated as a national of the United Kingdom for the purposes of
the Community Treaties shall be entitled to be registered as a British citizen
if an application is made for his registration as such a citizen.
[FN1] words substituted by British Overseas
Territories Act (2002 c.8), s 2 (2)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Pt I s 5
UK ST 1981 c 61 Pt I s 5
s 6 Acquisition by naturalisation.
(1) If, on an application for naturalisation as
a British citizen made by a person of full age and capacity, the Secretary of
State is satisfied that the applicant fulfils the requirements of Schedule 1
for naturalisation as such a citizen under this subsection, he may, if he
thinks fit, grant to him a certificate of naturalisation as such a citizen.
(2) If, on an application for naturalisation as
a British citizen made by a person of full age and capacity who on the date of
the application is married to a British citizen, the Secretary of State is
satisfied that the applicant fulfils the requirements of Schedule 1 for
naturalisation as such a citizen under this subsection, he may, if he thinks fit,
grant to him a certificate of naturalisation as such a citizen.
Notes:
Act amended by British Nationality (Hong Kong)
Act 1990 (c.34), s. 2(1), British Nationality (Hong Kong) Act 1990 (c.34), s.
2(1); extended by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(1); restricted by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(2) and amended by S.I. 1983/1699, art. 2(1)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Pt I s 6
UK ST 1981 c 61 Pt I s 6
s 7
[...] [FN1]
[FN1] repealed by Nationality, Immigration and
Asylum Act (2002 c.41), Sch 2 Para 1 (a)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Pt I s 7
UK ST 1981 c 61 Pt I s 7
s 8
[...] [FN1]
[FN1] repealed by Nationality, Immigration and
Asylum Act (2002 c.41), Sch 2 Para 1 (b)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Pt I s 8
UK ST 1981 c 61 Pt I s 8
s 9
[...] [FN1]
[FN1] repealed by Nationality, Immigration and
Asylum Act (2002 c.41), Sch 2 Para 1 (c)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Pt I s 9
UK ST 1981 c 61 Pt I s 9
s 10 Registration following renunciation of
citizenship of U.K. and Colonies.
(1) Subject to subsection (3), a person shall be
entitled, on an application for his registration as a British citizen, to be
registered as such a citizen if immediately before commencement he would (had
he applied for it) have been entitled under section 1(1) of the British
Nationality Act 1964 (resumption of citizenship) to be registered as a citizen
of the United Kingdom and Colonies by virtue of having an appropriate
qualifying connection with the United Kingdom or[...] [FN1] by virtue of having
been married before commencement to a person who has, or would if living have,
such a connection.
(2) On an application for his registration as a
British citizen made by a person of full capacity who had before commencement
ceased to be a citizen of the United Kingdom and Colonies as a result of a
declaration of renunciation, the Secretary of State may, if he thinks fit,
cause that person to be registered as a British citizen if that person--
(a) has an appropriate qualifying connection
with the United Kingdom; or
(b) [...] [FN2]has been married to a person who
has, or would if living have, such a connection.
(3) A person shall not be entitled to
registration under subsection (1) on more than one occasion.
(4) For the purposes of this section a person
shall be taken to have an appropriate qualifying connection with the United
Kingdom if he, his father or his father's father--
(a) was born in the United Kingdom; or
(b) is or was a person naturalised in the United
Kingdom; or
(c) was registered as a citizen of the United
Kingdom and Colonies in the United Kingdom or in a country which at the time
was mentioned in section 1(3) of the 1948 Act.
[FN1] words repealed by Nationality, Immigration
and Asylum Act (2002 c.41), Sch 9 Para 1
[FN2] words repealed by Nationality, Immigration
and Asylum Act (2002 c.41), Sch 9 Para 1
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Pt I s 10
UK ST 1981 c 61 Pt I s 10
s 11 Citizens of U.K. and Colonies who are to
become British citizens at commencement.
(1) Subject to subsection (2), a person who
immediately before commencement--
(a) was a citizen of the United Kingdom and
Colonies; and
(b) had the right of abode in the United Kingdom
under the Immigration Act 1971 as then in force,
shall at commencement become a British citizen.
(2) A person who was registered as a citizen of
the United Kingdom and Colonies under section 1 of the British Nationality (No.
2) Act 1964 (stateless persons) on the ground mentioned in subsection (1)(a) of
that section (namely that his mother was a citizen of the United Kingdom and
Colonies at the time when he was born) shall not become a British citizen under
subsection (1) unless--
(a) his mother becomes a British citizen under
subsection (1) or would have done so but for her death; or
(b) immediately before commencement he had the
right of abode in the United Kingdom by virtue of section 2(1)(c) of the
Immigration Act 1971 as then in force (settlement in United Kingdom, combined
with five or more years' ordinary residence there as a citizen of the United
Kingdom and Colonies).
(3) A person who--
(a) immediately before commencement was a
citizen of the United Kingdom and Colonies by virtue of having been registered
under subsection (6) of section 12 of the 1948 Act (British subjects before commencement
of 1948 Act becoming citizens of United Kingdom and Colonies) under
arrangements made by virtue of subsection (7) of that section (registration in
independent Commonwealth country by United Kingdom High Commissioner); and
(b) was so registered on an application under
the said subsection (6) based on the applicant's descent in the male line from
a person ("the relevant person") possessing one of the qualifications
specified in subsection (1)(a) and (b) of that section (birth or naturalisation
in the United Kingdom and Colonies),
shall at commencement become a British citizen
if the relevant person was born or naturalised in the United Kingdom.
Notes:
Act amended by British Nationality (Hong Kong)
Act 1990 (c.34), s. 2(1), British Nationality (Hong Kong) Act 1990 (c.34), s.
2(1); extended by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(1); restricted by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(2) and amended by S.I. 1983/1699, art. 2(1)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Pt I s 11
UK ST 1981 c 61 Pt I s 11
s 12 Renunciation.
(1) If any British citizen of full age and
capacity makes in the prescribed manner a declaration of renunciation of
British citizenship, then, subject to subsections (3) and (4), the Secretary of
State shall cause the declaration to be registered.
(2) On the registration of a declaration made in
pursuance of this section the person who made it shall cease to be a British
citizen.
(3) A declaration made by a person in pursuance
of this section shall not be registered unless the Secretary of State is
satisfied that the person who made it will after the registration have or
acquire some citizenship or nationality other than British citizenship; and if that
person does not have any such citizenship or nationality on the date of
registration and does not acquire some such citizenship or nationality within
six months from that date, he shall be, and be deemed to have remained, a
British citizen notwithstanding the registration.
(4) The Secretary of State may withhold
registration of any declaration made in pursuance of this section if it is made
during any war in which Her Majesty may be engaged in right of Her Majesty's
government in the United Kingdom.
(5) For the purposes of this section any person
who has been married shall be deemed to be of full age.
Notes:
Act amended by British Nationality (Hong Kong)
Act 1990 (c.34), s. 2(1), British Nationality (Hong Kong) Act 1990 (c.34), s.
2(1); extended by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(1); restricted by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(2) and amended by S.I. 1983/1699, art. 2(1)
S. 12 extended by S.I. 1986/948, art. 7(10).
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Pt I s 12
UK ST 1981 c 61 Pt I s 12
s 13 Resumption.
(1) Subject to subsection (2), a person who has
ceased to be a British citizen as a result of a declaration of renunciation
shall be entitled, on an application for his registration as a British citizen,
to be registered as such a citizen if--
(a) he is of full capacity; and
(b) his renunciation of British citizenship was
necessary to enable him to retain or acquire some other citizenship or
nationality.
(2) A person shall not be entitled to
registration under subsection (1) on more than one occasion.
(3) If a person of full capacity who has ceased
to be a British citizen as a result of a declaration of renunciation (for
whatever reason made) makes an application for his registration as such a
citizen, the Secretary of State may, if he thinks fit, cause him to be
registered as such a citizen.
Notes:
Act amended by British Nationality (Hong Kong)
Act 1990 (c.34), s. 2(1), British Nationality (Hong Kong) Act 1990 (c.34), s.
2(1); extended by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(1); restricted by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(2) and amended by S.I. 1983/1699, art. 2(1)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Pt I s 13
UK ST 1981 c 61 Pt I s 13
s 14 Meaning of British citizen "by
descent".
(1) For the purposes of this Act a British
citizen is a British citizen "by descent" if and only if--
(a) he is a person born outside the United
Kingdom after commencement who is a British citizen by virtue of section
2(1)(a) only or by virtue of registration under section 3(2) or 9; or
(b) subject to subsection (2), he is a person
born outside the United Kingdom before commencement who became a British
citizen at commencement and immediately before commencement--
(i) was a citizen of the United Kingdom and
Colonies by virtue of section 5 of the 1948 Act (citizenship by descent); or
(ii) was a person who, under any provision of
the British Nationality Acts 1948 to 1965, was deemed for the purposes of the
proviso to section 5(1) of the 1948 Act to be a citizen of the United Kingdom
and Colonies by descent only, or would have been so deemed if male; or
(iii) had the right of abode in the United
Kingdom by virtue only of paragraph (b) of subsection (1) of section 2 of the
Immigration Act 1971 as then in force (connection with United Kingdom through
parent or grandparent), or by virtue only of that paragraph and paragraph (c)
of that subsection (settlement in United Kingdom with five years' ordinary
residence there), or by virtue only of being or having been the wife of a
person who immediately before commencement had that right by virtue only of the
said paragraph (b) or the said paragraphs (b) and (c); or
(iv) being a woman, was a citizen of the United
Kingdom and Colonies as a result of her registration as such a citizen under
section 6(2) of the 1948 Act by virtue of having been married to a man who at
commencement became a British citizen by descent or would have done so but for
his having died or ceased to be a citizen of the United Kingdom and Colonies as
a result of a declaration of renunciation; or
(c) he is a British citizen by virtue of
registration under section 3(1) and either--
(i) his father or mother was a British citizen
at the time of the birth; or
(ii) his father or mother was a citizen of the
United Kingdom and Colonies at that time and became a British citizen at
commencement, or would have done so but for his or her death; or
(d) he is a British citizen by virtue of
registration under [section 4B, 4C or 5] [FN1]; or
(e) subject to subsection (2), being a woman
born outside the United Kingdom before commencement, she is a British citizen
as a result of her registration as such a citizen under section 8 by virtue of
being or having been married to a man who at commencement became a British
citizen by descent or would have done so but for his having died or ceased to
be a citizen of the United Kingdom and Colonies as a result of a declaration of
renunciation; or
(f) he is a British citizen by virtue of
registration under section 10 who, having before commencement ceased to be a
citizen of the United Kingdom and Colonies as a result of a declaration of
renunciation, would, if he had not so ceased, have at commencement become a
British citizen by descent by virtue of paragraph (b); or
(g) he is a British citizen by virtue of
registration under section 13 who, immediately before he ceased to be a British
citizen as a result of a declaration of renunciation, was such a citizen by
descent; or
(h) he is a person born in a British overseas
territory after commencement who is a British citizen by virtue of paragraph 2
of Schedule 2.
(2) A person born outside the United Kingdom
before commencement is not a British citizen "by descent" by virtue
of subsection (1)(b) or (e) if his father was at the time of his birth serving
outside the United Kingdom--
(a) in service of a description mentioned in
subsection (3), his recruitment for the service in question having taken place
in the United Kingdom; or
(b) in service under a Community institution,
his recruitment for that service having taken place in a country which at the
time of the recruitment was a member of the Communities.
(3) The descriptions of service referred to in
subsection (2) are--
(a) Crown service under the government of the
United Kingdom; and
(b) service of any description at any time
designated under section 2(3).
[FN1] words inserted by Nationality, Immigration
and Asylum Act (2002 c.41), Pt 1 s 13 (2)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Pt I s 14
UK ST 1981 c 61 Pt I s 14
PART II BRITISH DEPENDENT TERRITORIES
CITIZENSHIP
ACQUISITION AFTER COMMENCEMENT
s 15 Acquisition by birth or adoption.
(1) A person born in a British overseas
territory after commencement shall be a [British overseas territories citizen]
[FN1] if at the time of the birth his father or mother is--
(a) a [British overseas territories citizen]
[FN2]; or
(b) settled in a British overseas territory.
(2) A new-born infant who, after commencement,
is found abandoned in a British overseas territory shall, unless the contrary
is shown, be deemed for the purposes of subsection (1)--
(a) to have been born in that territory after
commencement; and
(b) to have been born to a parent who at the
time of the birth was a [British overseas territories citizen] [FN3] or settled
in a British overseas territory.
(3) A person born in a British overseas
territory after commencement who is not a [British overseas territories
citizen] [FN4] by virtue of subsection (1) or (2) shall be entitled to be
registered as such a citizen if, while he is a minor--
(a) his father or mother becomes such a citizen
or becomes settled in a British overseas territory; and
(b) an application is made for his registration
as such a citizen.
(4) A person born in a British overseas
territory after commencement who is not a [British overseas territories
citizen] [FN5] by virtue of subsection (1) or (2) shall be entitled, on an
application for his registration as a [British overseas territories citizen]
[FN6] made at any time after he has attained the age of ten years, to be
registered as such a citizen if, as regards each of the first ten years of that
person's life, the number of days on which he was absent from that territory in
that year does not exceed 90.
(5) Where after commencement an order
authorising the adoption of a minor who is not a [British overseas territories
citizen] [FN7] is made by a court in any British overseas territory, he shall
be a [British overseas territories citizen] [FN8] as from the date on which the
order is made if the adopter or, in the case of a joint adoption, one of the
adopters, is a [British overseas territories citizen] [FN9] on that date.
(6) Where an order in consequence of which any
person became a [British overseas territories citizen] [FN10] by virtue of
subsection (5) ceases to have effect, whether on annulment or otherwise, the
cesser shall not affect the status of that person as such a citizen.
(7) If in the special circumstances of any
particular case the Secretary of State thinks fit, he may for the purposes of
subsection (4) treat the person to whom the application relates as fulfilling
the requirements specified in that subsection although, as regards any one or
more of the first ten years of that person's life, the number of days on which
he was absent from the British overseas territory there mentioned in that year
or each of the years in question exceeds 90.
[FN1] words substituted by British Overseas
Territories Act (2002 c.8), s 2 (2)
[FN2] words substituted by British Overseas
Territories Act (2002 c.8), s 2 (2)
[FN3] words substituted by British Overseas
Territories Act (2002 c.8), s 2 (2)
[FN4] words substituted by British Overseas
Territories Act (2002 c.8), s 2 (2)
[FN5] words substituted by British Overseas
Territories Act (2002 c.8), s 2 (2)
[FN6] words substituted by British Overseas
Territories Act (2002 c.8), s 2 (2)
[FN7] words substituted by British Overseas
Territories Act (2002 c.8), s 2 (2)
[FN8] words substituted by British Overseas
Territories Act (2002 c.8), s 2 (2)
[FN9] words substituted by British Overseas
Territories Act (2002 c.8), s 2 (2)
[FN10] words substituted by British Overseas
Territories Act (2002 c.8), s 2 (2)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Pt II s 15
UK ST 1981 c 61 Pt II s 15
s 16 Acquisition by descent.
(1) A person born outside the British overseas
territories after commencement shall be a [British overseas territories
citizen] [FN1] if at the time of the birth his father or mother--
(a) is such a citizen otherwise than by descent;
or
(b) is such a citizen and is serving outside the
British overseas territories in service to which this paragraph applies, his or
her recruitment for that service having taken place in a British overseas
territory.
(2) Paragraph (b) of subsection (1) applies to--
(a) Crown service under the government of a
British overseas territory; and
(b) service of any description for the time
being designated under subsection (3).
(3) For the purposes of this section the
Secretary of State may by order made by statutory instrument designate any
description of service which he considers to be closely associated with the
activities outside the British overseas territories of the government of any
British overseas territory.
(4) Any order made under subsection (3) shall be
subject to annulment in pursuance of a resolution of either House of
Parliament.
[FN1] words substituted by British Overseas
Territories Act (2002 c.8), s 2 (2)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Pt II s 16
UK ST 1981 c 61 Pt II s 16
s 17 Acquisition by registration: minors.
(1) If while a person is a minor an application
is made for his registration as a [British overseas territories citizen] [FN1]
the Secretary of State may, if the thinks fit, cause him to be registered as
such a citizen.
(2) A person born outside the British overseas
territories shall be entitled, on an application for his registration as a
[British overseas territories citizen] [FN2] made within the period of twelve
months from the date of the birth, to be registered as such a citizen if the
requirements specified in subsection (3) or, in the case of a person born
stateless, the requirements specified in paragraphs (a) and (b) of that
subsection, are fulfilled in the case of either that person's father or his
mother ("the parent in question").
(3) The requirements referred to in subsection
(2) are--
(a) that the parent in question was a [British
overseas territories citizen] [FN3] by descent at the time of the birth; and
(b) that the father or mother of the parent in
question--
(i) was a [British overseas territories citizen]
[FN4] otherwise than by descent at the time of the birth of the parent in
question; or
(ii) became a [British overseas territories
citizen] [FN5] otherwise than by descent at commencement, or would have become
such a citizen otherwise than by descent at commencement but for his or her
death; and
(c) that, as regards some period of three years
ending with a date not later than the date of the birth--
(i) the parent in question was in a British
overseas territory at the beginning of that period; and
(ii) the number of days on which the parent in
question was absent from that territory in that period does not exceed 270.
(4) If in the special circumstances of any
particular case the Secretary of State thinks fit, he may treat subsection (2)
as if the reference to twelve months were a reference to six years.
(5) A person born outside the British overseas
territories shall be entitled, and on application for his registration as a
[British overseas territories citizen] [FN6] made while he is a minor, to be
registered as such a citizen if the following requirements are satisfied,
namely--
(a) that at the time of that person's birth his
father or mother was a [British overseas territories citizen] [FN7] by descent;
and
(b) subject to subsection (6), that that person and
his father and mother were in one and the same British overseas territory (no
matter which) at the beginning of the period of three years ending with the
date of the application and that, in the case of each of them, the number of
days on which the person in question was absent from the last-mentioned
territory in that period does not exceed 270; and
(c) subject to subsection (6), that the consent
of his father and mother to the registration has been signified in the
prescribed manner.
(6) In the case of an application under
subsection (5) for the registration of a person as a [British overseas
territories citizen] [FN8]--
(a) if his father or mother died, or their
marriage was terminated, on or before the date of the application, or his
father and mother were legally separated on that date, the references to his
father and mother in paragraph (b) of that subsection shall be read either as
references to his father or as references to his mother;
(b) if his father or mother died on or before
that date, the reference to his father and mother in paragraph (c) of that
subsection shall be read as a reference to either of them; and
(c) if he was born illegitimate, all those
references shall be read as references to his mother.
[FN1] words substituted by British Overseas
Territories Act (2002 c.8), s 2 (2)
[FN2] words substituted by British Overseas
Territories Act (2002 c.8), s 2 (2)
[FN3] words substituted by British Overseas
Territories Act (2002 c.8), s 2 (2)
[FN4] words substituted by British Overseas Territories
Act (2002 c.8), s 2 (2)
[FN5] words substituted by British Overseas
Territories Act (2002 c.8), s 2 (2)
[FN6] words substituted by British Overseas
Territories Act (2002 c.8), s 2 (2)
[FN7] words substituted by British Overseas
Territories Act (2002 c.8), s 2 (2)
[FN8] words substituted by British Overseas
Territories Act (2002 c.8), s 2 (2)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Pt II s 17
UK ST 1981 c 61 Pt II s 17
s 18 Acquisition by naturalisation.
(1) If, on an application for naturalisation as
a [British overseas territories citizen] [FN1] made by a person of full age and
capacity, the Secretary of State is satisfied that the applicant fulfils the
requirements of Schedule 1 for naturalisation as such a citizen under this
subsection, he may, if he thinks fit, grant to him a certificate of
naturalisation as such a citizen.
(2) If, on an application for naturalisation as
a [British overseas territories citizen] [FN2] made by a person of full age and
capacity who on the date of the application is married to such a citizen, the
Secretary of State is satisfied that the applicant fulfils the requirements of
Schedule 1 for naturalisation as such a citizen under this subsection, he may,
if he thinks fit, grant to him a certificate of naturalisation as such a
citizen.
(3) Every application under this section shall
specify the British overseas territory which is to be treated as the relevant
territory for the purposes of that application; and, in relation to any such
application, references in Schedule 1 to the relevant territory shall be
construed accordingly.
[FN1] words substituted by British Overseas
Territories Act (2002 c.8), s 2 (2)
[FN2] words substituted by British Overseas
Territories Act (2002 c.8), s 2 (2)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Pt II s 18
UK ST 1981 c 61 Pt II s 18
s 19
[...] [FN1]
[FN1] repealed by Nationality, Immigration and
Asylum Act (2002 c.41), Sch 2 Para 1 (d)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Pt II s 19
UK ST 1981 c 61 Pt II s 19
s 20
[...] [FN1]
[FN1] repealed by Nationality, Immigration and
Asylum Act (2002 c.41), Sch 2 Para 1 (e)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Pt II s 20
UK ST 1981 c 61 Pt II s 20
s 21
[...] [FN1]
[FN1] repealed by Nationality, Immigration and
Asylum Act (2002 c.41), Sch 2 Para 1 (f)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Pt II s 21
UK ST 1981 c 61 Pt II s 21
s 22 Right to registration replacing right to
resume citizenship of U.K. and Colonies.
(1) Subject to subsection (3), a person shall be
entitled, on an application for his registration as a British overseas territories
citizen, to be registered as such a citizen if immediately before commencement
he would (had he applied for it) have been entitled under section 1(1) of the
British Nationality Act 1964 (resumption of citizenship) to be registered as a
citizen of the United Kingdom and Colonies by virtue of having an appropriate
qualifying connection with a British overseas territory or[...] [FN1] by virtue
of having been married before commencement to a person who has, or would if
living have, such a connection.
(2) On an application for his registration as a
British overseas territories citizen made by a person of full capacity who had
before commencement ceased to be a citizen of the United Kingdom and Colonies
as a result of a declaration of renunciation, the Secretary of State may, if he
thinks fit, cause that person to be registered as a British overseas
territories citizen if that person--
(a) has an appropriate qualifying connection
with a British overseas territory; or
(b) [...] [FN2]has been married to a person who
has, or would if living have, such a connection.
(3) A person shall not be entitled to
registration under subsection (1) on more than one occasion.
(4) For the purposes of this section a person
shall be taken to have an appropriate qualifying connection with a British
overseas territory if he, his father or his father's father--
(a) was born in that territory; or
(b) is or was a person naturalised in that
territory; or
(c) was registered as a citizen of the United
Kingdom and Colonies in that territory; or
(d) became a British subject by reason of the
annexation of any territory included in that territory.
[FN1] words repealed by Nationality, Immigration
and Asylum Act (2002 c.41), Sch 9 Para 1
[FN2] words repealed by Nationality, Immigration
and Asylum Act (2002 c.41), Sch 9 Para 1
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Pt II s 22
UK ST 1981 c 61 Pt II s 22
s 23 Citizens of U.K. and Colonies who are to
become British overseas territories citizens at commencement.
(1) A person shall at commencement become a
[British overseas territories citizen] [FN2] if--
(a) immediately before commencement he was a
citizen of the United Kingdom and Colonies who had that citizenship by his
birth, naturalisation or registration in a British overseas territory; or
(b) he was immediately before commencement a
citizen of the United Kingdom and Colonies, and was born to a parent--
(i) who at the time of the birth ("the
material time") was a citizen of the United Kingdom and Colonies; and
(ii) who either had that citizenship at the
material time by his birth, naturalisation or registration in a British
overseas territory or was himself born to a parent who at the time of that
birth so had that citizenship; or
(c) being a woman, she was immediately before
commencement a citizen of the United Kingdom and Colonies and either was then,
or had at any time been, the wife of a man who under paragraph (a) or (b)
becomes a [British overseas territories citizen] [FN3] at commencement or would
have done so but for his death.
(2) A person shall at commencement become a
[British overseas territories citizen] [FN4] if--
(a) immediately before commencement he was a
citizen of the United Kingdom and Colonies by virtue of registration under section
7 of the 1948 Act (minor children) or section 1 of the British Nationality (No.
2) Act 1964 (stateless persons); and
(b) he was so registered otherwise than in a
British overseas territory; and
(c) his father or mother (in the case of a
person registered under the said section 7) or his mother (in the case of a
person registered under the said section 1)--
(i) was a citizen of the United Kingdom and
Colonies at the time of the registration or would have been such a citizen at
that time but for his or her death; and
(ii) becomes a [British overseas territories
citizen] [FN5] at commencement or would have done so but for his or her death.
(3) A person who--
(a) immediately before commencement was a
citizen of the United Kingdom and Colonies by virtue of having been registered
under subsection (6) of section 12 of the 1948 Act (British subjects before
commencement of 1948 Act becoming citizens of United Kingdom and Colonies)
otherwise than in a British overseas territory; and
(b) was so registered on an application under
that subsection based on the applicant's descent in the male line from a person
("the relevant person") possessing one of the qualifications
specified in subsection (1) of that section (birth or naturalisation in the
United Kingdom and Colonies, or acquisition of the status of British subject by
reason of annexation of territory),
shall at commencement become a [British overseas
territories citizen] [FN6] if the relevant person--
(i) was born or naturalised in a British
overseas territory; or
(ii) became a British subject by reason of the
annexation of any territory included in a British overseas territory.
(4) A person who--
(a) immediately before commencement was a
citizen of the United Kingdom and Colonies by virtue of registration under section
1 of the British Nationality Act 1964 (resumption of citizenship); and
(b) was so registered otherwise than in a
British overseas territory; and
(c) was so registered by virtue of having an
appropriate qualifying connection with a British overseas territory or, if a
woman, by virtue of having been married to a person who at the time of the
registration had or would, if then living, have had such a connection,
shall at commencement become a [British overseas
territories citizen] [FN7].
(5) For the purposes of subsection (4) a person
shall be taken to have an appropriate qualifying connection with a British
overseas territory if he, his father or his father's father--
(a) was born in a British overseas territory; or
(b) is or was a person naturalised in a British
overseas territory; or
(c) was registered as a citizen of the United
Kingdom and Colonies in a British overseas territory; or
(d) became a British subject by reason of the
annexation of any territory included in a British overseas territory.
(6) For the purposes of subsection (1)(b)
references to citizenship of the United Kingdom and Colonies shall, in relation
to a time before the year 1949, be construed as references to British
nationality.
[FN1] words substituted by British Overseas
Territories Act (2002 c.8), s 2 (2)
[FN2] words substituted by British Overseas
Territories Act (2002 c.8), s 2 (2)
[FN3] words substituted by British Overseas
Territories Act (2002 c.8), s 2 (2)
[FN4] words substituted by British Overseas
Territories Act (2002 c.8), s 2 (2)
[FN5] words substituted by British Overseas
Territories Act (2002 c.8), s 2 (2)
[FN6] words substituted by British Overseas
Territories Act (2002 c.8), s 2 (2)
[FN7] words substituted by British Overseas
Territories Act (2002 c.8), s 2 (2)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Pt II s 23
UK ST 1981 c 61 Pt II s 23
s 24 Renunciation and resumption.
The provisions of sections 12 and 13 shall apply
in relation to [British overseas territories citizens] [FN1] and [British
overseas territories citizenship] [FN2] as they apply in relation to British
citizens and British citizenship.
[FN1] words substituted by British Overseas
Territories Act (2002 c.8), s 2 (2)
[FN2] words substituted by British Overseas
Territories Act (2002 c.8), s 2 (2)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Pt II s 24
UK ST 1981 c 61 Pt II s 24
s 25 Meaning of British overseas territories
citizen "by descent".
(1) For the purposes of this Act a [British
overseas territories citizen] [FN2] is such a citizen "by descent" if
and only if--
(a) he is a person born outside the British
overseas territories after commencement who is a [British overseas territories
citizen] [FN3] by virtue of section 16(1)(a) only or by virtue of registration
under section 17(2) or 21; or
(b) subject to subsection (2), he is a person
born outside the British overseas territories before commencement who became a
[British overseas territories citizen] [FN4] at commencement and immediately
before commencement--
(i) was a citizen of the United Kingdom and
Colonies by virtue of section 5 of the 1948 Act (citizenship by descent); or
(ii) was a person who, under any provision of
the British Nationality Acts 1948 to 1965, was deemed for the purposes of the
proviso to section 5(1) of the 1948 Act to be a citizen of the United Kingdom
and Colonies by descent only, or would have been so deemed if male; or
(c) he is a [British overseas territories
citizen] [FN5] by virtue of registration under section 17(1) and either--
(i) his father or mother was a [British overseas
territories citizen] [FN6] at the time of the birth; or
(ii) his father or mother was a citizen of the
United Kingdom and Colonies at that time and became a [British overseas
territories citizen] [FN7] at commencement, or would have done so but for his
or her death; or
(d) subject to subsection (2), he is a person
born outside the British overseas territories before commencement who became a
[British overseas territories citizen] [FN8] at commencement under section
23(1)(b) only; or
(e) subject to subsection (2), being a woman,
she became a [British overseas territories citizen] [FN9] at commencement under
section 23(1)(c) only, and did so only by virtue of having been, immediately
before commencement or earlier, the wife of a man who immediately after
commencement was, or would but for his death have been, a [British overseas
territories citizen] [FN10] by descent by virtue of paragraph (b) or (d) of
this subsection; or
(f) subject to subsection (2), being a woman
born outside the British overseas territories before commencement, she is a
[British overseas territories citizen] [FN11] as a result of her registration
as such a citizen under section 20 by virtue of being or having been married to
a man who at commencement became such a citizen by descent or would have done
so but for his having died or ceased to be a citizen of the United Kingdom and
Colonies as a result of a declaration of renunciation; or
(g) he is a [British overseas territories
citizen] [FN12] by virtue of registration under section 22 who, having before
commencement ceased to be a citizen of the United Kingdom and Colonies as a
result of a declaration of renunciation, would, if he had not so ceased, have
at commencement become a [British overseas territories citizen] [FN13] by
descent by virtue of paragraph (b), (d) or (e);
(h) he is a [British overseas territories
citizen] [FN14] by virtue of registration under section 13 (as applied by
section 24) who, immediately before he ceased to be a [British overseas
territories citizen] [FN15] as a result of a declaration of renunciation, was
such a citizen by descent; or
(i) he is a person born in the United Kingdom
after commencement who is a [British overseas territories citizen] [FN16] by
virtue of paragraph 1 of Schedule 2.
(2) A person born outside the British overseas
territories before commencement is not a [British overseas territories citizen]
[FN17] "by descent" by virtue of subsection (1)(b), (d), (e) or (f)
if his father was at the time of his birth serving outside the British overseas
territories in service of a description mentioned in subsection (3), his
recruitment for the service in question having taken place in a British
overseas territory.
(3) The descriptions of service referred to in
subsection (2) are--
(a) Crown service under the government of a
British overseas territory; and
(b) service of any description at any time
designated under section 16(3).
[FN1] words substituted by British Overseas
Territories Act (2002 c.8), s 2 (2)
[FN2] words substituted by British Overseas
Territories Act (2002 c.8), s 2 (2)
[FN3] words substituted by British Overseas
Territories Act (2002 c.8), s 2 (2)
[FN4] words substituted by British Overseas
Territories Act (2002 c.8), s 2 (2)
[FN5] words substituted by British Overseas
Territories Act (2002 c.8), s 2 (2)
[FN6] words substituted by British Overseas
Territories Act (2002 c.8), s 2 (2)
[FN7] words substituted by British Overseas
Territories Act (2002 c.8), s 2 (2)
[FN8] words substituted by British Overseas
Territories Act (2002 c.8), s 2 (2)
[FN9] words substituted by British Overseas
Territories Act (2002 c.8), s 2 (2)
[FN10] words substituted by British Overseas
Territories Act (2002 c.8), s 2 (2)
[FN11] words substituted by British Overseas
Territories Act (2002 c.8), s 2 (2)
[FN12] words substituted by British Overseas
Territories Act (2002 c.8), s 2 (2)
[FN13] words substituted by British Overseas
Territories Act (2002 c.8), s 2 (2)
[FN14] words substituted by British Overseas
Territories Act (2002 c.8), s 2 (2)
[FN15] words substituted by British Overseas
Territories Act (2002 c.8), s 2 (2)
[FN16] words substituted by British Overseas
Territories Act (2002 c.8), s 2 (2)
[FN17] words substituted by British Overseas
Territories Act (2002 c.8), s 2 (2)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Pt II s 25
UK ST 1981 c 61 Pt II s 25
PART
III BRITISH OVERSEAS CITIZENSHIP
s 26 Citizens of U.K. and Colonies who are to
become British Overseas citizens at commencement.
Any person who was a citizen of the United
Kingdom and Colonies immediately before commencement and who does not at
commencement become either a British citizen or a [British overseas territories
citizen] [FN1] shall at commencement become a British Overseas citizen.
[FN1] words substituted by British Overseas
Territories Act (2002 c.8), s 2 (2)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Pt III s 26
UK ST 1981 c 61 Pt III s 26
s 27 Registration of minors.
(1) If while a person is a minor an application
is made for his registration as a British Overseas citizen, the Secretary of
State may, if he thinks fit, cause him to be registered as such a citizen.
[...] [FN1]
[FN1] repealed by Nationality, Immigration and
Asylum Act (2002 c.41), Sch 2 Para 1 (g)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Pt III s 27
UK ST 1981 c 61 Pt III s 27
SWEET & MAXWELL UNITED KINGDOM LAW IN FORCE
BRITISH NATIONALITY ACT 1981 CHAPTER 61
PART III BRITISH OVERSEAS CITIZENSHIP
UK Statutes Crown Copyright. Reproduced by
permission of the
Controller of Her Majesty's Stationery Office.
Amendment as at: November 7, 2002 (see Analysis
Tab for Commencement
Information)
s 28
[...] [FN1]
[FN1] repealed by Nationality, Immigration and
Asylum Act (2002 c.41), Sch 2 Para 1 (h)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Pt III s 28
UK ST 1981 c 61 Pt III s 28
s 29 Renunciation.
The provisions of section 12 shall apply in
relation to British Overseas citizens and British Overseas citizenship as they
apply in relation to British citizens and British citizenship.
Notes:
Act amended by British Nationality (Hong Kong)
Act 1990 (c.34), s. 2(1), British Nationality (Hong Kong) Act 1990 (c.34), s.
2(1); extended by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(1); restricted by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(2) and amended by S.I. 1983/1699, art. 2(1)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Pt III s 29
UK ST 1981 c 61 Pt III s 29
PART IV BRITISH SUBJECTS
s 30 Continuance as British subjects of existing
British subjects of certain descriptions.
A person who immediately before commencement
was--
(a) a British subject without citizenship by
virtue of section 13 or 16 of the 1948 Act; or
(b) a British subject by virtue of section 1 of
the British Nationality Act 1965 (registration of alien women who have been
married to British subjects of certain descriptions),
shall as from commencement be a British subject
by virtue of this section.
Notes:
Act amended by British Nationality (Hong Kong)
Act 1990 (c.34), s. 2(1), British Nationality (Hong Kong) Act 1990 (c.34), s.
2(1); extended by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(1); restricted by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(2) and amended by S.I. 1983/1699, art. 2(1)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Pt IV s 30
UK ST 1981 c 61 Pt IV s 30
s 31 Continuance as British subjects of certain
former citizens of Eire.
(1) A person is within this subsection if
immediately before 1st January 1949 he was both a citizen of Eire and a British
subject.
(2) A person within subsection (1) who
immediately before commencement was a British subject by virtue of section 2 of
the 1948 Act (continuance of certain citizens of Eire as British subjects)
shall as from commencement be a British subject by virtue of this subsection.
(3) If at any time after commencement a citizen
of the Republic of Ireland who is within subsection (1) but is not a British
subject by virtue of subsection (2) gives notice in writing to the Secretary of
State claiming to remain a British subject on either or both of the following
grounds, namely--
(a) that he is or has been in Crown Service
under the government of the United Kingdom; and
(b) that he has associations by way of descent,
residence or otherwise with the United Kingdom or with any [British overseas
territory] [FN1],
he shall as from that time be a British subject
by virtue of this subsection.
(4) A person who is a British subject by virtue
of subsection (2) or (3) shall be deemed to have remained a British subject
from 1st January 1949 to the time when (whether already a British subject by
virtue of the said section 2 or not) he became a British subject by virtue of
that subsection.
[FN1] words substituted by British Overseas
Territories Act (2002 c.8), s 1 (1) (b)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Pt IV s 31
UK ST 1981 c 61 Pt IV s 31
s 32 Registration of minors.
If while a person is a minor an application is
made for his registration as a British subject, the Secretary of State may, if
he thinks fit, cause him to be registered as a British subject.
Notes:
Act amended by British Nationality (Hong Kong)
Act 1990 (c.34), s. 2(1), British Nationality (Hong Kong) Act 1990 (c.34), s.
2(1); extended by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(1); restricted by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(2) and amended by S.I. 1983/1699, art. 2(1)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Pt IV s 32
UK ST 1981 c 61 Pt IV s 32
s 33
[...] [FN1]
[FN1] repealed by Nationality, Immigration and
Asylum Act (2002 c.41), Sch 2 Para 1 (i)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Pt IV s 33
UK ST 1981 c 61 Pt IV s 33
s 34 Renunciation.
The provisions of section 12 shall apply in
relation to British subjects and the status of a British subject as they apply
in relation to British citizens and British citizenship.
Notes:
Act amended by British Nationality (Hong Kong)
Act 1990 (c.34), s. 2(1), British Nationality (Hong Kong) Act 1990 (c.34), s.
2(1); extended by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(1); restricted by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(2) and amended by S.I. 1983/1699, art. 2(1)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Pt IV s 34
UK ST 1981 c 61 Pt IV s 34
s 35 Circumstances in which British subjects are
to lose that status.
A person who under this Act is a British subject
otherwise than by virtue of section 31 shall cease to be such a subject if, in
whatever circumstances and whether under this Act or otherwise, he acquires any
other citizenship or nationality whatever.
Notes:
Act amended by British Nationality (Hong Kong)
Act 1990 (c.34), s. 2(1), British Nationality (Hong Kong) Act 1990 (c.34), s.
2(1); extended by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(1); restricted by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(2) and amended by S.I. 1983/1699, art. 2(1)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Pt IV s 35
UK ST 1981 c 61 Pt IV s 35
PART
V MISCELLANEOUS AND SUPPLEMENTARY
s 36 Provisions for reducing statelessness.
The provisions of Schedule 2 shall have effect
for the purpose of reducing statelessness.
Notes:
Act amended by British Nationality (Hong Kong)
Act 1990 (c.34), s. 2(1), British Nationality (Hong Kong) Act 1990 (c.34), s.
2(1); extended by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(1); restricted by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(2) and amended by S.I. 1983/1699, art. 2(1)
Power of appointment conferred by s. 53(2) not
exercised
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Pt V s 36
UK ST 1981 c 61 Pt V s 36
s 37 Commonwealth citizenship.
(1) Every person who--
(a) under the British Nationality Acts 1981 and
1983[ or the British Overseas Territories Act 2002] [FN1] is a British citizen,
a British overseas territories citizen, a British National (Overseas),a British
Overseas citizen or a British subject; or
(b) under any enactment for the time being in
force in any country mentioned in Schedule 3 is a citizen of that country,
shall have the status of a Commonwealth citizen.
(2) Her Majesty may by Order in Council amend
Schedule 3 by the alteration of any entry, the removal of any entry, or the
insertion of any additional entry.
(3) Any Order in Council made under this section
shall be subject to annulment in pursuance of a resolution of either House of
Parliament.
(4) After commencement no person shall have the
status of a Commonwealth citizen or the status of a British subject otherwise
than under this Act.
[FN1] words inserted by British Overseas
Territories Act (2002 c.8), Sch 1 Para 4
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Pt V s 37
UK ST 1981 c 61 Pt V s 37
s 38 British protected persons.
(1) Her Majesty may by Order in Council made in
relation to any territory which was at any time before commencement--
(a) a protectorate or protected state for the
purposes of the 1948 Act; or
(b) a United Kingdom trust territory within the
meaning of that Act,
declare to be British protected persons for the
purposes of this Act any class of persons who are connected with that territory
and are not citizens of any country mentioned in Schedule 3 which consists of
or includes that territory.
(2) Any Order in Council made under this section
shall be subject to annulment in pursuance of a resolution of either House of
Parliament.
Notes:
Act amended by British Nationality (Hong Kong)
Act 1990 (c.34), s. 2(1), British Nationality (Hong Kong) Act 1990 (c.34), s.
2(1); extended by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(1); restricted by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(2) and amended by S.I. 1983/1699, art. 2(1)
Power of appointment conferred by s. 53(2) not
exercised
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Pt V s 38
UK ST 1981 c 61 Pt V s 38
s 39 Amendment of Immigration Act 1971.
(1) [...] [FN1]
(2) [...] [FN2]
(3) [...] [FN3]
(4) [...] [FN4]
(5) [...] [FN5]
(6) [...] [FN6]
(7) [...] [FN7]
(8) A certificate of partiality issued under the
Immigration 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 [as in force after commencement] [FN8], unless at commencement
the holder ceases to have the right of abode in the United Kingdom.
Notes:
Act amended by British Nationality (Hong Kong)
Act 1990 (c.34), s. 2(1), British Nationality (Hong Kong) Act 1990 (c.34), s.
2(1); extended by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(1); restricted by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(2) and amended by S.I. 1983/1699, art. 2(1)
Power of appointment conferred by s. 53(2) not
exercised
[FN1] Substitutes new s. 2 in Immigration Act
1971 (c. 77)
[FN2] Substitutes new s. 2 in Immigration Act
1971 (c. 77)
[FN3] Repealed by Immigration Act 1988 (c.14),
s. 3(3)
[FN4] Inserts Immigration Act 1971 (c. 77), s.
8(5A)
[FN5] Repealed by Immigration Act 1988 (c.14),
s. 3(3)
[FN6] Provides for amendments of Immigration Act
1971 (c. 77) specified in Sch. 4
[FN7] Amends Mental Health Act 1959 (c. 72), s.
90 and Mental Health (Scotland) Act 1960 (c. 61), s. 82
[FN8] Words substituted by Immigration Act 1988
(c.14), s. 3(3)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Pt V s 39
UK ST 1981 c 61 Pt V s 39
s 40 Deprivation of citizenship
[
40 Deprivation of citizenship
(1) In this section a reference to a person's
"citizenship status" is a reference to his status as--
(a) a British citizen,
(b) a British overseas territories citizen,
(c) a British Overseas citizen,
(d) a British National (Overseas),
(e) a British protected person, or
(f) a British subject.
(2) The Secretary of State may by order deprive
a person of a citizenship status if the Secretary of State is satisfied that
the person has done anything seriously prejudicial to the vital interests of--
(a) the United Kingdom, or
(b) a British overseas territory.
(3) The Secretary of State may by order deprive
a person of a citizenship status which results from his registration or
naturalisation if the Secretary of State is satisfied that the registration or
naturalisation was obtained by means of--
(a) fraud,
(b) false representation, or
(c) concealment of a material fact.
(4) The Secretary of State may not make an order
under subsection (2) if he is satisfied that the order would make a person
stateless.
(5) Before making an order under this section in
respect of a person the Secretary of State must give the person written notice
specifying--
(a) that the Secretary of State has decided to
make an order,
(b) the reasons for the order, and
(c) the person's right of appeal under section
40A(1) or under section 2B of the Special Immigration Appeals Commission Act
1997 (c. 68).
(6) Where a person acquired a citizenship status
by the operation of a law which applied to him because of his registration or
naturalisation under an enactment having effect before commencement, the
Secretary of State may by order deprive the person of the citizenship status if
the Secretary of State is satisfied that the registration or naturalisation was
obtained by means of--
(a) fraud,
(b) false representation, or
(c) concealment of a material fact.
] [FN1]
[FN1] s.40-40A substituted for s.40 by
Nationality, Immigration and Asylum Act (2002 c.41), Pt 1 s 4 (1)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Pt V s 40
UK ST 1981 c 61 Pt V s 40
s 40A Deprivation of citizenship: appeal
[
40A Deprivation of citizenship: appeal
(1) A person who is given notice under section
40(5) of a decision to make an order in respect of him under section 40 may
appeal against the decision to an adjudicator appointed under section 81 of the
Nationality, Immigration and Asylum Act 2002 (immigration appeal).
(2) Subsection (1) shall not apply to a decision
if the Secretary of State certifies that it was taken wholly or partly in
reliance on information which in his opinion should not be made public--
(a) in the interests of national security,
(b) in the interests of the relationship between
the United Kingdom and another country, or
(c) otherwise in the public interest.
(3) A party to an appeal to an adjudicator under
subsection (1) may, with the permission of the Immigration Appeal Tribunal,
appeal to the Tribunal against the adjudicator's determination on a point of
law.
(4) A party to an appeal to the Immigration
Appeal Tribunal under subsection (3) may bring a further appeal on a point of
law--
(a) where the decision of the adjudicator was
made in Scotland, to the Court of Session, or
(b) in any other case, to the Court of Appeal.
(5) An appeal under subsection (4) may be
brought only with the permission of--
(a) the Tribunal, or
(b) if the Tribunal refuses permission, the court
referred to in subsection (4)(a) or (b).
(6) An order under section 40 may not be made in
respect of a person while an appeal under this section or section 2B of the
Special Immigration Appeals Commission Act 1997 (c. 68)--
(a) has been instituted and has not yet been
finally determined, withdrawn or abandoned, or
(b) could be brought (ignoring any possibility
of an appeal out of time with permission).
(7) Rules under section 106 of the Nationality,
Immigration and Asylum Act 2002 (immigration appeal: rules) may make provision
about an appeal under this section.
(8) Directions under section 107 of that Act
(practice directions) may make provision about an appeal under this section.
] [FN1]
Notes:
Act amended by British Nationality (Hong Kong)
Act 1990 (c.34), s. 2(1), British Nationality (Hong Kong) Act 1990 (c.34), s.
2(1); extended by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(1); restricted by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(2) and amended by S.I. 1983/1699, art. 2(1)
Power of appointment conferred by s. 53(2) not
exercised
[FN1] s.40-40A substituted for s.40 by
Nationality, Immigration and Asylum Act (2002 c.41), Pt 1 s 4 (1)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Pt V s 40A
UK ST 1981 c 61 Pt V s 40A
s 41 Regulations and Orders in Council.
(1) The Secretary of State may by regulations
make provision generally for carrying into effect the purposes of this Act, and
in particular provision--
(a) for prescribing anything which under this
Act is to be prescribed;
(b) for prescribing the manner in which, and the
persons to and by whom, applications for registration or naturalisation under
any provision of this Act may or must be made;
(c) for the registration of anything required or
authorised by or under this Act to be registered;
(d) for the administration and taking of oaths
of allegiance under this Act, as to the time within which oaths of allegiance
must be taken, and for the registration of oaths of allegiance;
(e) for the giving of any notice required or
authorised to be given to any person under this Act;
(f) for the cancellation of the registration of,
and the cancellation and amendment of certificates of naturalisation relating
to, persons deprived of citizenship or of the status of a British National
(Overseas)under this Act, and for requiring such certificates to be delivered
up for those purposes;
(g) for the births and deaths of persons of any
class or description born or dying in a country mentioned in Schedule 3 to be
registered there by the High Commissioner for Her Majesty's government in the
United Kingdom or by members of his official staff;
(h) for the births and deaths of persons of any
class or description born or dying in a foreign country to be registered there
by consular officers or other officers in the service of Her Majesty's
government in the United Kingdom;
(i) for enabling the births and deaths of
British citizens, [British overseas territories citizens] [FN1], British
Nationals (Overseas),British Overseas citizens, British subjects and British
protected persons born or dying in any country in which Her Majesty's
government in the United Kingdom has for the time being no diplomatic or
consular representatives to be registered--
(i) by persons serving in the diplomatic,
consular or other foreign service of any country which, by arrangement with Her
Majesty's government in the United Kingdom, has undertaken to represent that
government's interest in that country, or
(ii) by a person authorised in that behalf by
the Secretary of State.
(2) The Secretary of State may with the consent
of the Treasury by regulations make provision for the imposition, recovery and
application of fees in connection with any of the following matters, namely--
(a) any application made to the Secretary of
State under this Act;other than an application for the purpose of acquiring the
status of a British National (Overseas).
(b) the effecting in the United Kingdom of any
registration authorised by or under this Act;other than registration as a
British National (Overseas)
(c) the making in the United Kingdom of any
declaration, the grant there of any certificate, or the taking there of any
oath of allegiance authorised to be made, granted or taken by or under this
Act;
(d) the supplying in the United Kingdom of a
certified or other copy of any notice, certificate, order, declaration or entry
given, granted or made under or by virtue of this Act or any of the former
nationality Acts;
(e) the carrying out of searches in or of any registers
or other records, being registers or records held in the United Kingdom by or
on behalf of the Secretary of State, which are or may be relevant for the
purpose of determining the status of any person under this Act or any of the
former nationality Acts;
(f) the supplying by or on behalf of the
Secretary of State of an opinion in writing concerning the status of any person
under this Act or any of the former nationality Acts, or a certified or other
copy of such an opinion.
(3) Regulations under subsection (1) or (2) may
make different provision for different circumstances; and--
(a) regulations under subsection (1) may provide
for the extension of any time-limit for the taking of oaths of allegiance; and
(b) regulations under subsection (2) may provide
for any fees imposed by the regulations to be payable at such times as may be
prescribed.
(4) Her Majesty may by Order in Council provide
for any Act or Northern Ireland legislation to which this subsection applies to
apply, with such adaptations and modifications as appear to Her necessary, to
births and deaths registered--
(a) in accordance with regulations made in
pursuance of subsection (1)(g) to (i) of this section or subsection (1)(f) and
(g) of section 29 of the 1948 Act; or
(b) at a consulate of Her Majesty in accordance
with regulations made under the British Nationality and Status of Aliens Acts
1914 to 1943 or in accordance with instructions of the Secretary of State; or
(c) by a High Commissioner for Her Majesty's
government in the United Kingdom or members of his official staff in accordance
with instructions of the Secretary of State;
and an Order in Council under this subsection
may exclude, in relation to births and deaths so registered, any of the
provisions of section 45.
(5) Subsection (4) applies to--
(a) the Births and Deaths Registration Act 1953,
the Registration Service Act 1953 and the Registration of Births, Deaths and
Marriages (Scotland) Act 1965; and
(b) so much of any Northern Ireland legislation
for the time being in force (whether passed or made before or after
commencement) as relates to the registration of births and deaths.
(6) The power to make regulations under
subsection (1) or (2) shall be exercisable by statutory instrument.
(7) Any regulations or Order in Council made
under this section shall be subject to annulment in pursuance of a resolution
of either House of Parliament.
[FN1] words substituted by British Overseas
Territories Act (2002 c.8), s 2 (2)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Pt V s 41
UK ST 1981 c 61 Pt V s 41
s 42 Registration and naturalisation: general
provisions.
(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 [British
overseas territories citizen] [FN1], 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 [British overseas territories citizen] [FN2]
or as a British Overseas citizen, or as a British National (Overseas), or as a
British subject, shall be a citizen of that description or, as the case may be,
a British National (Overseas) ora 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 [British overseas territories
citizen] [FN3] 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.
(6) A person who applies for registration or
naturalisation as a [British overseas territories citizen] [FN4] 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.
[FN1] words substituted by British Overseas
Territories Act (2002 c.8), s 2 (2)
[FN2] words substituted by British Overseas
Territories Act (2002 c.8), s 2 (2)
[FN3] words substituted by British Overseas
Territories Act (2002 c.8), s 2 (2)
[FN4] words substituted by British Overseas
Territories Act (2002 c.8), s 2 (2)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Pt V s 42
UK ST 1981 c 61 Pt V s 42
s 43 Exercise of functions of Secretary of State
by Governors and others.
(1) Subject to subsection (3), the Secretary of
State may, in the case of any of his functions under this Act with respect to
any of the matters mentioned in subsection (2), make arrangements for that
function to be exercised--
(a) in any of the Islands, by the
Lieutenant-Governor in cases concerning British citizens or British citizenship;
(b) in any British overseas territory, by the
Governor in cases concerning [British overseas territories citizens] [FN1] or
[British overseas territories citizenship ] [FN2]and in cases concerning
British Nationals (Overseas) or the status of a British National (Overseas).
(2) The said matters are--
(a) registration and naturalisation; and
(b) renunciation, resumption and deprivation of
British citizenship or [British overseas territories citizenship] [FN3].
(c) renunciation and deprivation of the status
of a British National (Overseas).
(3) Nothing in this section applies in the case
of any power to make regulations or rules conferred on the Secretary of State
by this Act.
(4) Arrangements under subsection (1) may
provide for any such function as is there mentioned to be exercisable only with
the approval of the Secretary of State.
[FN1] words substituted by British Overseas
Territories Act (2002 c.8), s 2 (2)
[FN2] words substituted by British Overseas
Territories Act (2002 c.8), s 2 (2)
[FN3] words substituted by British Overseas
Territories Act (2002 c.8), s 2 (2)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Pt V s 43
UK ST 1981 c 61 Pt V s 43
s 44 Decisions involving exercise of discretion.
(1) Any discretion vested by or under this Act
in the Secretary of State, a Governor or a Lieutenant-Governor shall be
exercised without regard to the race, colour or religion of any person who may
be affected by its exercise.
[...] [FN1]
[FN1] repealed by Nationality, Immigration and
Asylum Act (2002 c.41), Pt 1 s 7 (1)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Pt V s 44
UK ST 1981 c 61 Pt V s 44
s 45 Evidence.
(1) Every document purporting to be a notice,
certificate, order or declaration, or an entry in a register, or a subscription
of an oath of allegiance, given, granted or made under this Act or any of the
former nationality Acts shall be received in evidence and shall, unless the
contrary is proved, be deemed to have been given, granted or made by or on
behalf of the person by whom or on whose behalf it purports to have been given,
granted or made.
(2) Prima facie evidence of any such document
may be given by the production of a document purporting to be certified as a
true copy of it by such person and in such manner as may be prescribed.
(3) Any entry in a register made under this Act
or any of the former nationality Acts shall be received as evidence (and in
Scotland as sufficient evidence) of the matters stated in the entry.
(4) A certificate given by or on behalf of the
Secretary of State that a person was at any time in Crown service under the
government of the United Kingdom or that a person's recruitment for such
service took place in the United Kingdom shall, for the purposes of this Act,
be conclusive evidence of that fact.
Notes:
Act amended by British Nationality (Hong Kong)
Act 1990 (c.34), s. 2(1), British Nationality (Hong Kong) Act 1990 (c.34), s.
2(1); extended by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(1); restricted by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(2) and amended by S.I. 1983/1699, art. 2(1)
Power of appointment conferred by s. 53(2) not
exercised
S. 45 extended by British Nationality (Falkland
Islands) Act 1983 (c.6), s. 4(2)(a)-(f), British Nationality (Hong Kong) Act
1990 (c.34), s. 2(3); amended by S.I. 1986/948, art. 7(7)(a)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Pt V s 45
UK ST 1981 c 61 Pt V s 45
s 46 Offences and proceedings.
(1) Any person who for the purpose of procuring
anything to be done or not to be done under this Act--
(a) makes any statement which he knows to be
false in a material particular; or
(b) recklessly makes any statement which is
false in a material particular,
shall be liable on summary conviction in the
United Kingdom to imprisonment for a term not exceeding three months or to a
fine not exceeding [level 5 on the standard scale] [FN1], or both.
(2) Any person who without reasonable excuse
fails to comply with any requirement imposed on him by regulations made under
this Act with respect to the delivering up of certificates of naturalisation
shall be liable on summary conviction in the United Kingdom to a fine not
exceeding [level 4 on the standard scale] [FN2].
(3) In the case of an offence under subsection
(1)--
(a) any information relating to the offence may
in England and Wales be tried by a magistrates' court if it is laid within six
months after the commission of the offence, or if it is laid within three years
after the commission of the offence and not more than two months after the date
certified by a chief officer of police to be the date on which evidence
sufficient to justify proceedings came to the notice of an officer of his
police force; and
(b) summary proceedings for the offence may in
Scotland be commenced within six months after the commission of the offence, or
within three years after the commission of the offence and not more than two
months after the date on which evidence sufficient in the opinion of the Lord
Advocate to justify proceedings came to his knowledge; and
(c) a complaint charging the commission of the
offence may in Northern Ireland be heard and determined by a magistrates' court
if it is made within six months after the commission of the offence, or if it
is made within three years after the commission of the offence and not more
than two months after the date certified by an officer of police not below the
rank of assistant chief constable to be the date on which evidence sufficient
to justify the proceedings came to the notice of the police in Northern
Ireland.
(4) For the purposes of subsection (3)(b)
proceedings shall be deemed to be commenced on the date on which a warrant to
apprehend or to cite the accused is granted, if such warrant is executed
without undue delay; and a certificate of the Lord Advocate as to the date on
which such evidence as is mentioned in subsection (3)(b) came to his knowledge
shall be conclusive evidence.
(5) For the purposes of the trial of a person
for an offence under subsection (1) or (2), the offence shall be deemed to have
been committed either at the place at which it actually was committed or at any
place at which he may be.
(6) In their application to the Bailiwick of
Jersey subsections (1) and (2) shall have effect with the omission of the words
"on summary conviction".
Notes:
Act amended by British Nationality (Hong Kong)
Act 1990 (c.34), s. 2(1), British Nationality (Hong Kong) Act 1990 (c.34), s.
2(1); extended by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(1); restricted by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(2) and amended by S.I. 1983/1699, art. 2(1)
Power of appointment conferred by s. 53(2) not
exercised
S. 46 extended by British Nationality (Falkland
Islands) Act 1983 (c.6), s. 4(2)(a)-(f); British Nationality (Hong Kong) Act
1990 (c.34), s. 2(3)
S. 46(1) amended by S.I. 1986/948, art. 7(7)(b)
[FN1] Words substituted by Criminal Justice Act
1982 (c.48), s. 46, Criminal Procedure (Scotland) Act 1975 (c.21), s. 289G and
S.I. 1984/703 (N.I. 3), art. 5
[FN2] Words substituted by Criminal Justice Act
1982 (c.48), s. 46, Criminal Procedure (Scotland) Act 1975 (c.21), s. 289G and
S.I. 1984/703 (N.I. 3), art. 5
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Pt V s 46
UK ST 1981 c 61 Pt V s 46
s 47 Legitimated children.
(1) A person born out of wedlock and legitimated
by the subsequent marriage of his parents shall, as from the date of the
marriage, be treated for the purposes of this Act as if he had been born
legitimate.
(2) A person shall be deemed for the purposes of
this section to have been legitimated by the subsequent marriage of his parents
if by the law of the place in which his father was domiciled at the time of the
marriage the marriage operated immediately or subsequently to legitimate him,
and not otherwise.
Notes:
Act amended by British Nationality (Hong Kong)
Act 1990 (c.34), s. 2(1), British Nationality (Hong Kong) Act 1990 (c.34), s.
2(1); extended by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(1); restricted by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(2) and amended by S.I. 1983/1699, art. 2(1)
Power of appointment conferred by s. 53(2) not
exercised
S.47 extended by British Nationality (Falkland
Islands) Act 1983 (c.6), s. 4(2)(a)-(f), British Nationality (Hong Kong) Act
1990 (c.34), s. 2(3); amended by S.I. 1986/948, art. 7(7)(c)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Pt V s 47
UK ST 1981 c 61 Pt V s 47
s 48 Posthumous children.
Any reference in this Act to the status or
description of the father or mother of a person at the time of that person's
birth shall, in relation to a person born after the death of his father or
mother, be construed as a reference to the status or description of the parent
in question at the time of that parent's death; and where that death occurred
before, and the birth occurs after, commencement, the status or description
which would have been applicable to the father or mother had he or she died
after commencement shall be deemed to be the status or description applicable
to him or her at the time of his or her death.
Notes:
Act amended by British Nationality (Hong Kong)
Act 1990 (c.34), s. 2(1), British Nationality (Hong Kong) Act 1990 (c.34), s.
2(1); extended by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(1); restricted by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(2) and amended by S.I. 1983/1699, art. 2(1)
Power of appointment conferred by s. 53(2) not
exercised
S. 48 extended by British Nationality (Falkland
Islands) Act 1983 (c.6), s. 4(2)(a)-(f), British Nationality (Hong Kong) Act
1990 (c.34), s. 2(3); amended by S.I. 1986/948, art. 7(7)(c)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Pt V s 48
UK ST 1981 c 61 Pt V s 48
PART V MISCELLANEOUS AND SUPPLEMENTARY
UK Statutes Crown Copyright. Reproduced by
permission of the
Controller of Her Majesty's Stationery Office.
In-force date: February 1, 1991 (see Analysis
Tab for Commencement Information)
s 49
49.-- [...] [FN1]
Notes:
Act amended by British Nationality (Hong Kong)
Act 1990 (c.34), s. 2(1), British Nationality (Hong Kong) Act 1990 (c.34), s.
2(1); extended by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(1); restricted by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(2) and amended by S.I. 1983/1699, art. 2(1)
Power of appointment conferred by s. 53(2) not
exercised
[FN1] Repealed by British Nationality Act 1981
(c.61), s. 52(7)(8), Sch. 8 para. 8, Sch. 9
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Pt V s 49
UK ST 1981 c 61 Pt V s 49
s 50 Interpretation.
Marginal Notes:
1) 1970 c.14
(1) In this Act, unless the context otherwise
requires--
"the 1948 Act" means the British
Nationality Act 1948;
"alien" means a person who is neither
a Commonwealth citizen nor a British protected person nor a citizen of the
Republic of Ireland;
"appointed day" means the day
appointed by the Secretary of State under section 8 of the British Overseas
Territories Act 2002 for the commencement of Schedule 1 to that Act;
"association" means an unincorporated
body of persons;
"British National (Overseas)" means a
person who is a British National (Overseas) under the Hong Kong (British
Nationality) Order 1986, and "status of a British National
(Overseas)" shall be construed accordingly;
"British Overseas citizen" includes a
person who is a British Overseas citizen under the Hong Kong (British
Nationality) Order 1986;
"British overseas territory" means a
territory mentioned in Schedule 6;
"British protected person" means a
person who is a member of any class of persons declared to be British protected
persons by an Order in Council for the time being in force under section 38 or
is a British protected person by virtue of the Solomon Islands Act 1978;
"commencement", without more, means
the commencement of this Act;
"Commonwealth citizen" means a person
who has the status of a Commonwealth citizen under this Act;
"company" means a body corporate;
"Crown service" means the service of
the Crown, whether within Her Majesty's dominions or elsewhere;
"Crown service under the government of the
United Kingdom" means Crown service under Her Majesty's government in the
United Kingdom or under Her Majesty's government in Northern Ireland or under
the Scottish Administration;
"enactment" includes an enactment
comprised in Northern Ireland legislation;
"foreign country" means a country other
than the United Kingdom, a British overseas territory, a country mentioned in
Schedule 3 and the Republic of Ireland;
"the former nationality Acts" means--
(a) the British Nationality Acts 1948 to 1965;
(b) the British Nationality and Status of Aliens
Acts 1914 to 1943; and
(c) any Act repealed by the said Acts of 1914 to
1943 or by the Naturalization Act 1870;
"Governor", in relation to a British
overseas territory, includes the officer for the time being administering the
government of that territory;
"High Commissioner" includes an acting
High Commissioner;
"immigration laws"--
(a) in relation to the United Kingdom, means the
Immigration Act 1971 and any law for purposes similar to that Act which is for
the time being or has at any time been in force in any part of the United
Kingdom;
(b) in relation to a British overseas territory,
means any law for purposes similar to the Immigration Act 1971 which is for the
time being or has at any time been in force in that territory;
"the Islands" means the Channel
Islands and the Isle of Man;
"minor" means a person who has not
attained the age of eighteen years;
"prescribed" means prescribed by
regulations made under section 41;
"qualifying territory" means a British
overseas territory other than the Sovereign Base Areas of Akrotiri and
Dhekelia;
"settled" shall be construed in
accordance with subsections (2) to (4);
"ship" includes a hovercraft;
"statutory provision" means any
enactment or any provision contained in--
(a) subordinate legislation (as defined in section
21(1) of the Interpretation Act 1978); or
(b) any instrument of a legislative character
made under any Northern Ireland legislation;
"the United Kingdom" means Great
Britain, Northern Ireland and the Islands, taken together;
"United Kingdom consulate" means the
office of a consular officer of Her Majesty's government in the United Kingdom
where a register of births is kept or, where there is no such office, such
office as may be prescribed.
(2) Subject to subsection (3), references in
this Act to a person being settled in the United Kingdom or in a British
overseas territory are references to his being ordinarily resident in the
United Kingdom or, as the case may be, in that territory without being subject
under the immigration laws to any restriction on the period for which he may
remain.
(3) Subject to subsection (4), a person is not
to be regarded for the purposes of this Act--
(a) as having been settled in the United Kingdom
at any time when he was entitled to an exemption under section 8(3) or (4)(b)
or (c) of the Immigration Act 1971 or, unless the order under section 8(2) of
that Act conferring the exemption in question provides otherwise, to an
exemption under the said section 8(2), or to any corresponding exemption under
the former immigration laws; or
(b) as having been settled in a British overseas
territory at any time when he was under the immigration laws entitled to any
exemption corresponding to any such exemption as is mentioned in paragraph (a)
(that paragraph being for the purposes of this paragraph read as if the words
from "unless" to "otherwise" were omitted).
(4) A person to whom a child is born in the
United Kingdom after commencement is to be regarded for the purposes of section
1(1) as being settled in the United Kingdom at the time of the birth if--
(a) he would fall to be so regarded but for his
being at that time entitled to an exemption under section 8(3) of the
Immigration Act 1971; and
(b) immediately before he became entitled to
that exemption he was settled in the United Kingdom; and
(c) he was ordinarily resident in the United
Kingdom from the time when he became entitled to that exemption to the time of
the birth;
but this subsection shall not apply if at the
time of the birth the child's father or mother is a person on whom any immunity
from jurisdiction is conferred by or under the Diplomatic Privileges Act 1964
(5) It is hereby declared that a person is not
to be treated for the purpose of any provision of this Act as ordinarily
resident in the United Kingdom or in a British overseas territory at a time
when he is in the United Kingdom or, as the case may be, in that territory in
breach of the immigration laws.
(6) For the purposes of this Act--
(a) a person shall be taken to have been
naturalised in the United Kingdom if, but only if, he is--
(i) a person to whom a certificate of
naturalisation was granted under any of the former nationality Acts by the
Secretary of State or, in any of the Islands, by the Lieutenant-Governor; or
(ii) a person who by virtue of section 27(2) of
the British Nationality and Status of Aliens Act 1914 was deemed to be a person
to whom a certificate of naturalisation was granted, if the certificate of
naturalisation in which his name was included was granted by the Secretary of
State; or
(iii) a person who by virtue of section 10(5) of
the Naturalization Act 1870 was deemed to be a naturalised British subject by
reason of his residence with his father or mother;
(b) a person shall be taken to have been
naturalised in a British overseas territory if, but only if, he is--
(i) a person to whom a certificate of
naturalisation was granted under any of the former nationality Acts by the
Governor of that territory or by a person for the time being specified in a
direction given in relation to that territory under paragraph 4 of Schedule 3
to the West Indies Act 1967 or for the time being holding an office so
specified; or
(ii) a person who by virtue of the said section
27(2) was deemed to be a person to whom a certificate of naturalisation was
granted, if the certificate of naturalisation in which his name was included
was granted by the Governor of that territory; or
(iii) a person who by the law in force in that
territory enjoyed the privileges of naturalisation within that territory only;
and references in this Act to naturalisation in
the United Kingdom or in a British overseas territory shall be construed
accordingly.
(7) For the purposes of this Act a person born
outside the United Kingdom aboard a ship or aircraft--
(a) shall be deemed to have been born in the
United Kingdom if--
(i) at the time of the birth his father or
mother was a British citizen; or
(ii) he would, but for this subsection, have
been born stateless,
and (in either case) at the time of the birth
the ship or aircraft was registered in the United Kingdom or was an
unregistered ship or aircraft of the government of the United Kingdom; but
(b) subject to paragraph (a), is to be regarded
as born outside the United Kingdom, whoever was the owner of the ship or
aircraft at that time, and irrespective of whether or where it was then
registered.
[...] [FN1]
[
(7A) For the purposes of this Act a person born
outside a qualifying territory aboard a ship or aircraft--
(a) shall be deemed to have been born in that
territory if--
(i) at the time of the birth his father or
mother was a British citizen or a British overseas territories citizen; or
(ii) he would, but for this subsection, have
been born stateless,
and (in either case) at the time of the birth
the ship or aircraft was registered in that territory or was an unregistered
ship or aircraft of the government of that territory; but
(b) subject to paragraph (a), is to be regarded
as born outside that territory, whoever was the owner of the ship or aircraft
at the time, and irrespective of whether or where it was then registered.
(7B) For the purposes of this Act a person born
outside a British overseas territory, other than a qualifying territory, aboard
a ship or aircraft--
(a) shall be deemed to have been born in that
territory if--
(i) at the time of the birth his father or
mother was a British overseas territories citizen; or
(ii) he would, but for this subsection, have
been born stateless,
and (in either case) at the time of the birth
the ship or aircraft was registered in that territory or was an unregistered
ship or aircraft of the government of that territory; but
(b) subject to paragraph (a), is to be regarded
as born outside that territory, whoever was the owner of the ship or aircraft
at the time, and irrespective of whether or where it was then registered.
] [FN2]
(8) For the purposes of this Act an application
under any provision thereof shall be taken to have been made at the time of its
receipt by a person authorised to receive it on behalf of the person to whom it
is made; and references in this Act to the date of such an application are
references to the date of its receipt by a person so authorised.
(9) For the purpose of this Act--
(a) the relationship of mother and child shall
be taken to exist between a woman and any child (legitimate or illegitimate)
born to her; but
(b) subject to section 47, the relationship of
father and child shall be taken to exist only between a man and any legitimate
child born to him;
and the expressions "mother",
"father", "parent", "child" and "descended"
shall be construed accordingly.
(10) For the purposes of this Act--
(a) a period "from" or "to"
a specified date includes that date; and
(b) any reference to a day on which a person was
absent from the United Kingdom or from a British overseas territory or from the
British overseas territories is a reference to a day for the whole of which he
was so absent.
(11) For the purposes of this Act--
(a) a person is of full age if he has attained
the age of eighteen years, and of full capacity if he is not of unsound mind;
and
(b) a person attains any particular age at the
beginning of the relevant anniversary of the date of his birth.
(12) References in this Act to any country
mentioned in Schedule 3 include references to the dependencies of that country.
(13) Her Majesty may by Order in Council subject
to annulment in pursuance of a resolution of either House of Parliament amend
Schedule 6 in any of the following circumstances, namely--
(a) where the name of any territory mentioned in
it is altered; or
(b) where any territory mentioned in it is
divided into two or more territories.
[FN1] words substituted by British Overseas
Territories Act (2002 c.8), Sch 1 Para 5 (3)
[FN2] words substituted by British Overseas
Territories Act (2002 c.8), Sch 1 Para 5 (3)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Pt V s 50
UK ST 1981 c 61 Pt V s 50
s 51 Meaning of certain expressions relating to
nationality in other Acts and instruments.
(1) Without prejudice to subsection (3)(c), in any
enactment or instrument whatever passed or made before commencement
"British subject" and "Commonwealth citizen" have the same
meaning, that is--
(a) in relation to any time before
commencement--
(i) a person who under the 1948 Act was at that
time a citizen of the United Kingdom and Colonies or who, under any enactment
then in force in a country mentioned in section 1(3) of that Act as then in
force, was at that time a citizen of that country; and
(ii) any other person who had at that time the
status of a British subject under that Act or any other enactment then in
force;
(b) in relation to any time after commencement,
a person who has the status of a Commonwealth citizen under this Act.
(2) In any enactment or instrument whatever
passed or made after commencement--
"British subject" means a person who
has the status of a British subject under this Act;
"Commonwealth citizen" means a person
who has the status of a Commonwealth citizen under this Act.
(3) In any enactment or instrument whatever
passed or made before commencement--
(a) "citizen of the United Kingdom and
Colonies" --
(i) in relation to any time before commencement,
means a person who under the 1948 Act was at that time a citizen of the United
Kingdom and Colonies;
(ii) in relation to any time after commencement,
means a person who under the British Nationality Acts 1981 and 1983[ or the
British Overseas Territories Act 2002] [FN1] is a British citizen, a British
overseas territories citizen of a British Overseas citizen;or who under the Hong
Kong (British Nationality) Order 1986 is a British National (Overseas)
(b) any reference to ceasing to be a citizen of
the United Kingdom and Colonies shall, in relation to any time after
commencement, be construed as a reference to becoming a person who is neither a
British citizen nor a British overseas territories citizen nor a British
National (Overseas)nor a British Overseas citizen;
(c) any reference to a person who is a British
subject (or a British subject without citizenship) by virtue of section 2, 13,
or 16 of the 1948 Act or by virtue of, or of section 1 of, the British
Nationality Act 1965 shall, in relation to any time after commencement, be
construed as a reference to a person who under this Act is a British subject.
(4) In any statutory provision, whether passed
or made before or after commencement, and in any other instrument whatever made
after commencement "alien", in relation to any time after
commencement, means a person who is neither a Commonwealth citizen nor a
British protected person nor a citizen of the Republic of Ireland.
(5) The preceding provisions of this section--
(a) shall not apply in cases where the context
otherwise requires; and
(b) shall not apply to this Act or to any
instrument made under this Act.
[FN1] words inserted by British Overseas
Territories Act (2002 c.8), Sch 1 Para 6
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Pt V s 51
UK ST 1981 c 61 Pt V s 51
s 52 Consequential amendments, transitional
provisions, repeals and savings.
(1) In any enactment or instrument whatever
passed or made before commencement, for any reference to section 1(3) of the
1948 Act (list of countries whose citizens are Commonwealth citizens under that
Act) there shall be substituted a reference to Schedule 3 to this Act, unless
the context makes that substitution inappropriate.
(2) Subject to subsection (3), Her Majesty may
by Order in Council make such consequential modifications of--
(a) any enactment of the Parliament of the
United Kingdom passed before commencement;
(b) any provision contained in any Northern
Ireland legislation passed or made before commencement; or
(c) any instrument made before commencement
under any such enactment or provision,
as appear to Her necessary or expedient for
preserving after commencement the substantive effect of that enactment,
provision or instrument.
(3) Subsection (2) shall not apply in relation
to--
(a) the Immigration Act 1971; or
(b) any provision of this Act not contained in
Schedule 7
(4) Any Order in Council made under subsection
(2) shall be subject to annulment in pursuance of a resolution of either House
of Parliament.
(5) Any provision made by Order in Council under
subsection (2) after commencement may be made with retrospective effect as from
commencement or any later date.
(6) [...] [FN1]
(7) This Act shall have effect subject to the
transitional provisions contained in Schedule 8
(8) [...] [FN2]
(9) Without prejudice to section 51, nothing in
this Act affects the operation, in relation to any time before commencement, of
any statutory provision passed or made before commencement.
(10) Nothing in this Act shall be taken as
prejudicing the operation of sections 16 and 17 of the Interpretation Act 1978
(which relate to the effect of repeals).
(11) In this section "modifications"
includes additions, omissions and alterations.
Notes:
Act amended by British Nationality (Hong Kong)
Act 1990 (c.34), s. 2(1), British Nationality (Hong Kong) Act 1990 (c.34), s.
2(1); extended by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(1); restricted by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(2) and amended by S.I. 1983/1699, art. 2(1)
Power of appointment conferred by s. 53(2) not
exercised
[FN1] Provides for amendments of enactments
specified in Sch. 7
[FN2] Repeals enactments specified in Sch. 9
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Pt V s 52
UK ST 1981 c 61 Pt V s 52
s 53 Citation, commencement and extent.
(1) This Act may be cited as the British
Nationality Act 1981
(2) This Act, except the provisions mentioned in
subsection (3), shall come into force on such day as the Secretary of State may
by order made by statutory instrument appoint; and references to the
commencement of this Act shall be construed as references to the beginning of
that day.
(3) Section 49 and this section shall come into
force on the passing of this Act.
(4) This Act extends to Northern Ireland.
(5) The provisions of this Act, except those
mentioned in subsection (7), extend to the Islands and all [British overseas
territories] [FN1]; and section 36 of the Immigration Act 1971 (power to extend
provisions of that Act to Islands) shall apply to the said excepted provisions
as if they were provisions of that Act.
(7) The provisions referred to in subsections
(5) are--
(a) section 39 and Schedule 4;
(b) section 52(7) and Schedule 8 so far as they
relate to the Immigration Act 1971; and
(c) section 52(8) and Schedule 9 so far as they
relate to provisions of the Immigration Act 1971 other than Schedule 1
[FN1] words substituted by British Overseas
Territories Act (2002 c.8), s 1 (1) (b)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Pt V s 53
UK ST 1981 c 61 Pt V s 53
Para 1
(1) Subject to paragraph 2, the requirements for
naturalisation as a British citizen under section 6(1) are, in the case of any
person who applies for it--
(a) the requirements specified in sub-paragraph
(2) of this paragraph, or the alternative requirement specified in sub-paragraph
(3) of this paragraph; and
(b) that he is of good character; and
(c) that he has a sufficient knowledge of the
English, Welsh or Scottish Gaelic language; and
(d) that either--
(i) his intentions are such that, in the event
of a certificate of naturalisation as a British citizen being granted to him,
his home or (if he has more than one) his principal home will be in the United
Kingdom; or
(ii) he intends, in the event of such a
certificate being granted to him, to enter into, or continue in, Crown service
under the government of the United Kingdom, or service under an international
organisation of which the United Kingdom or Her Majesty's government therein is
a member, or service in the employment of a company or association established
in the United Kingdom.
(2) The requirements referred to in
sub-paragraph (1)(a) of this paragraph are--
(a) that the applicant was in the United Kingdom
at the beginning of the period of five years ending with the date of the
application, and that the number of days on which he was absent from the United
Kingdom in that period does not exceed 450; and
(b) that the number of days on which he was
absent from the United Kingdom in the period of twelve months so ending does
not exceed 90; and
(c) that he was not at any time in the period of
twelve months so ending subject under the immigration laws to any restriction
on the period for which he might remain in the United Kingdom; and
(d) that he was not at any time in the period of
five years so ending in the United Kingdom in breach of the immigration laws.
(3) The alternative requirement referred to in
sub-paragraph (1)(a) of this paragraph is that on the date of the application
he is serving outside the United Kingdom in Crown service under the government
of the United Kingdom.
Notes:
Act amended by British Nationality (Hong Kong)
Act 1990 (c.34), s. 2(1), British Nationality (Hong Kong) Act 1990 (c.34), s.
2(1); extended by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(1); restricted by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(2) and amended by S.I. 1983/1699, art. 2(1)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Sch 1 Para 1
UK ST 1981 c 61 Sch 1 Para 1
Para 2
If in the special circumstances of any
particular case the Secretary of State thinks fit, he may for the purposes of
paragraph 1 do all or any of the following things, namely--
(a) treat the applicant as fulfilling the
requirement specified in paragraph 1(2)(a) or paragraph 1(2)(b), or both, although
the number of days on which he was absent from the United Kingdom in the period
there mentioned exceeds the number there mentioned;
(b) treat the applicant as having been in the
United Kingdom for the whole or any part of any period during which he would
otherwise fall to be treated under paragraph 9(1) as having been absent;
(c) disregard any such restriction as is
mentioned in paragraph 1(2)(c), not being a restriction to which the applicant
was subject on the date of the application;
(d) treat the applicant as fulfilling the
requirement specified in paragraph 1(2)(d) although he was in the United
Kingdom in breach of the immigration laws in the period there mentioned;
(e) waive the need to fulfil the requirement
specified in paragraph 1(1)(c) if he considers that because of the applicant's
age or physical or mental condition it would be unreasonable to expect him to
fulfil it.
Notes:
Act amended by British Nationality (Hong Kong)
Act 1990 (c.34), s. 2(1), British Nationality (Hong Kong) Act 1990 (c.34), s.
2(1); extended by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(1); restricted by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(2) and amended by S.I. 1983/1699, art. 2(1)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Sch 1 Para 2
UK ST 1981 c 61 Sch 1 Para 2
Para 3
Subject to paragraph 4, the requirements for
naturalisation as a British citizen under section 6(2) are, in the case of any
person who applies for it--
(a) that he was in the United Kingdom at the
beginning of the period of three years ending with the date of the application,
and that the number of days on which he was absent from the United Kingdom in
that period does not exceed 270; and
(b) that the number of days on which he was
absent from the United Kingdom in the period of twelve months so ending does
not exceed 90; and
(c) that on the date of the application he was
not subject under the immigration laws to any restriction on the period for
which he might remain in the United Kingdom; and
(d) that he was not at any time in the period of
three years ending with the date of the application in the United Kingdom in
breach of the immigration laws; and
(e) the requirement specified in paragraph
1(1)(b).
Notes:
Act amended by British Nationality (Hong Kong)
Act 1990 (c.34), s. 2(1), British Nationality (Hong Kong) Act 1990 (c.34), s.
2(1); extended by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(1); restricted by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(2) and amended by S.I. 1983/1699, art. 2(1)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Sch 1 Para 3
UK ST 1981 c 61 Sch 1 Para 3
Para 4
Paragraph 2 shall apply in relation to paragraph
3 with the following modifications, namely--
(a) the reference to the purposes of paragraph 1
shall be read as a reference to the purposes of paragraph 3;
(b) the references to paragraphs 1(2)(a),
1(2)(b) and 1(2)(d) shall be read as references to paragraphs 3(a), 3(b) and 3(d)
respectively;
(c) paragraph 2(c) and (e) shall be omitted; and
(d) after paragraph (e) there shall be added--
"(f) waive the need to fulfil all or any of
the requirements specified in paragraph 3(a) and (b) if on the date of the
application the person to whom the applicant is married is serving in service
to which section 2(1)(b) applies, that person's recruitment for that service
having taken place in the United Kingdom".
Notes:
Act amended by British Nationality (Hong Kong)
Act 1990 (c.34), s. 2(1), British Nationality (Hong Kong) Act 1990 (c.34), s.
2(1); extended by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(1); restricted by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(2) and amended by S.I. 1983/1699, art. 2(1)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Sch 1 Para 4
UK ST 1981 c 61 Sch 1 Para 4
Para 5
(1) Subject to paragraph 6, the requirements for
naturalisation as a [British overseas territories citizen] [FN1] under section
18(1) are, in the case of any person who applies for it--
(a) the requirements specified in sub-paragraph
(2) of this paragraph, or the alternative requirement specified in
sub-paragraph (3) of this paragraph; and
(b) that he is of good character; and
(c) that he has a sufficient knowledge of the
English language or any other language recognised for official purposes in the
relevant territory; and
(d) that either--
(i) his intentions are such that, in the event
of a certificate of naturalisation as a [British overseas territories citizen]
[FN2] being granted to him, his home or (if he has more than one) his principal
home will be in the relevant territory; or
(ii) he intends, in the event of such a
certificate being granted to him, to enter into, or continue in, Crown service
under the government of that territory, or service under an international
organisation of which that territory or the government of that territory is a
member, or service in the employment of a company or association established in
that territory.
(2) The requirements referred to in
sub-paragraph (1)(a) of this paragraph are--
(a) that he was in the relevant territory at the
beginning of the period of five years ending with the date of the application,
and that the number of days on which he was absent from that territory in that
period does not exceed 450; and
(b) that the number of days on which he was
absent from that territory in the period of twelve months so ending does not
exceed 90; and
(c) that he was not at any time in the period of
twelve months so ending subject under the immigration laws to any restriction
on the period for which he might remain in that territory; and
(d) that he was not at any time in the period of
five years so ending in that territory in breach of the immigration laws.
(3) The alternative requirement referred to in
sub-paragraph (1)(a) of this paragraph is that on the date of the application
he is serving outside the relevant territory in Crown service under the
government of that territory.
[FN1] words substituted by British Overseas
Territories Act (2002 c.8), s 2 (2)
[FN2] words substituted by British Overseas
Territories Act (2002 c.8), s 2 (2)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Sch 1 Para 5
UK ST 1981 c 61 Sch 1 Para 5
Para 6
If in the special circumstances of any
particular case the Secretary of State thinks fit, he may for the purposes of
paragraph 5 do all or any of the following things, namely--
(a) treat the applicant as fulfilling the
requirement specified in paragraph 5(2)(a) or paragraph 5(2)(b), or both,
although the number of days on which he was absent from the relevant territory
in the period there mentioned exceeds the number there mentioned;
(b) treat the applicant as having been in the
relevant territory for the whole or any part of any period during which he
would otherwise fall to be treated under paragraph 9(2) as having been absent;
(c) disregard any such restriction as is
mentioned in paragraph 5(2)(c), not being a restriction to which the applicant
was subject on the date of the application;
(d) treat the applicant as fulfilling the
requirement specified in paragraph 5(2)(d) although he was in the relevant
territory in breach of the immigration laws in the period there mentioned;
(e) waive the need to fulfil the requirement
specified in paragraph 5(1)(c) if he considers that because of the applicant's
age or physical or mental condition it would be unreasonable to expect him to
fulfil it.
Notes:
Act amended by British Nationality (Hong Kong)
Act 1990 (c.34), s. 2(1), British Nationality (Hong Kong) Act 1990 (c.34), s.
2(1); extended by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(1); restricted by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(2) and amended by S.I. 1983/1699, art. 2(1)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Sch 1 Para 6
UK ST 1981 c 61 Sch 1 Para 6
Para 7
Subject to paragraph 8, the requirements for
naturalisation as a [British overseas territories citizen] [FN1] under section
18(2) are, in the case of any person who applies for it--
(a) that he was in the relevant territory at the
beginning of the period of three years ending with the date of the application,
and that the number of days on which he was absent from that territory in that
period does not exceed 270; and
(b) that the number of days on which he was
absent from that territory in the period of twelve months so ending does not
exceed 90; and
(c) that on the date of the application he was
not subject under the immigration laws to any restriction on the period for
which he might remain in that territory; and
(d) that he was not at any time in the period of
three years ending with the date of the application in that territory in breach
of the immigration laws; and
(e) the requirement specified in paragraph
5(1)(b).
[FN1] words substituted by British Overseas
Territories Act (2002 c.8), s 2 (2)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Sch 1 Para 7
UK ST 1981 c 61 Sch 1 Para 7
Para 8
Paragraph 6 shall apply in relation to paragraph
7 with the following modifications, namely--
(a) the reference to the purposes of paragraph 5
shall be read as a reference to the purposes of paragraph 7;
(b) the references to paragraphs 5(2)(a),
5(2)(b) and 5(2)(d) shall be read as references to paragraphs 7(a), 7(b) and
7(d) respectively;
(c) paragraph 6(c) and (e) shall be omitted; and
(d) after paragraph (e) there shall be added--
"(f) waive the need to fulfil all or any of
the requirements specified in paragraph 7(a) and (b) if on the date of the
application the person to whom the applicant is married is serving in service
to which section 16(1)(b) applies, that person's recruitment for that service
having taken place in a [British overseas territory] [FN1]."
[FN1] words substituted by British Overseas
Territories Act (2002 c.8), s 1 (1) (b)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Sch 1 Para 8
UK ST 1981 c 61 Sch 1 Para 8
Para 9
(1) For the purposes of this Schedule a person
shall (subject to paragraph 2(b)) be treated as having been absent from the
United Kingdom during any of the following periods, that is to say--
(a) any period when he was in the United Kingdom
and either was entitled to an exemption under section 8(3) or (4) of the
Immigration Act 1971 (exemptions for diplomatic agents etc. and members of the
forces) or was a member of the family and formed part of the household of a
person so entitled;
(b) any period when he was detained--
(i) in any place of detention in the United
Kingdom in pursuance of a sentence passed on him by a court in the United
Kingdom or elsewhere for any offence;
(ii) in any hospital in the United Kingdom under
a hospital order made under Part III of the Mental Health Act 1983 or section
175 or 376 of the Criminal Procedure (Scotland) Act 1975 or Part III of the
Mental Health (Northern Ireland) Order 1986, being an order made in connection
with his conviction of an offence; or
(iii) under any power of detention conferred by
the immigration laws of the United Kingdom;
(c) any period when, being liable to be detained
as mentioned in paragraph (b)(i) or (ii) of this sub-paragraph, he was
unlawfully at large or absent without leave and for that reason liable to be
arrested or taken into custody;
(d) any period when, his actual detention under
any such power as is mentioned in paragraph (b)(iii) of this sub-paragraph
being required or specifically authorised, he was unlawfully at large and for
that reason liable to be arrested.
(2) For the purposes of this Schedule a person
shall (subject to paragraph 6(b)) be treated as having been absent from any
particular [British overseas territory] [FN1] during any of the following
periods, that is to say--
(a) any period when he was in that territory and
either was entitled to an exemption under the immigration laws of that
territory corresponding to any such exemption as is mentioned in sub-paragraph
(1)(a) or was a member of the family and formed part of the household of a
person so entitled;
(b) any period when he was detained--
(i) in any place of detention in the relevant
territory in pursuance of a sentence passed on him by a court in that territory
or elsewhere for any offence;
(ii) in any hospital in that territory under a
direction (however described) made under any law for purposes similar to Part
III of the Mental Health Act 1983 which was for the time being in force in that
territory, being a direction made in connection with his conviction of an
offence and corresponding to a hospital order under that Part; or
(iii) under any power of detention conferred by
the immigration laws of that territory;
(c) any period when, being liable to be detained
as mentioned in paragraph (b)(i) or (ii) of this sub-paragraph, he was
unlawfully at large or absent without leave and for that reason liable to be
arrested or taken into custody;
(d) any period when, his actual detention under
any such power as is mentioned in paragraph (b)(iii) of this sub-paragraph
being required or specifically authorised, he was unlawfully at large and for
that reason liable to be arrested.
[FN1] words substituted by British Overseas
Territories Act (2002 c.8), s 1 (1) (b)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Sch 1 Para 9
UK ST 1981 c 61 Sch 1 Para 9
Para 10
In this Schedule "the relevant
territory" has the meaning given by section 18(3).
Notes:
Act amended by British Nationality (Hong Kong)
Act 1990 (c.34), s. 2(1), British Nationality (Hong Kong) Act 1990 (c.34), s.
2(1); extended by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(1); restricted by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(2) and amended by S.I. 1983/1699, art. 2(1)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Sch 1 Para 10
UK ST 1981 c 61 Sch 1 Para 10
Para 1
(1) Where a person born in the United Kingdom
after commencement would, but for this paragraph, be born stateless, then,
subject to sub-paragraph (3)--
(a) if at the time of the birth his father or
mother is a citizen or subject of a description mentioned in sub-paragraph (2),
he shall be a citizen or subject of that description; and accordingly
(b) if he is born legitimate and at the time of
the birth each of his parents is a citizen or subject of a different
description so mentioned, he shall be a citizen or subject of the same
description so mentioned as each of them is respectively at that time.
(2) The descriptions referred to in
sub-paragraph (1) are a [British overseas territories citizen] [FN1], a British
Overseas citizen and a British subject under this Act.
(3) A person shall not be a British subject by
virtue of this paragraph if by virtue of it he is a citizen of a description
mentioned in sub-paragraph (2).
[FN1] words substituted by British Overseas
Territories Act (2002 c.8), s 2 (2)
Para 2
(1) Where a person born in a [British overseas
territory] [FN1] after commencement would, but for this paragraph, be born
stateless, then, subject to sub-paragraph (3)--
(a) if at the time of the birth his father or
mother is a citizen or subject of a description mentioned in sub-paragraph (2),
he shall be a citizen or subject of that description; and accordingly
(b) if he is born legitimate and at the time of
the birth each of his parents is a citizen or subject of a different
description so mentioned, he shall be a citizen or subject of the same
description so mentioned as each of them is respectively at that time.
(2) The descriptions referred to in sub-paragraph
(1) are a British citizen, a British Overseas citizen and a British subject
under this Act.
(3) A person shall not be a British subject by
virtue of this paragraph if by virtue of it he is a citizen of a description
mentioned in sub-paragraph (2).
[FN1] words substituted by British Overseas
Territories Act (2002 c.8), s 1 (1) (b)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Sch 2 Para 2
UK ST 1981 c 61 Sch 2 Para 2
Para 3
(1) A person born in the United Kingdom or a
British overseas territory after commencement shall be entitled, on an
application for his registration under this paragraph, to be so registered if
the following requirements are satisfied in his case, namely--
(a) that he is and always has been stateless;
and
(b) that on the date of the application he [...]
[FN1]was under the age of twenty-two; and
(c) that he was in the United Kingdom or a
British overseas territory (no matter which) at the beginning of the period of
five years ending with that date and that (subject to paragraph 6) the number
of days on which he was absent from both the United Kingdom and the British
overseas territories in that period does not exceed 450.
(2) A person entitled to registration under this
paragraph--
(a) shall be registered under it as a British
citizen if, in the period of five years mentioned in sub-paragraph (1), the
number of days wholly or partly spent by him in the United Kingdom exceeds the
number of days wholly or partly spent by him in the British overseas territories;
(b) in any other case, shall be registered under
it as a British overseas territories citizen.
[FN1] words repealed by Nationality, Immigration
and Asylum Act (2002 c.41), Sch 9 Para 1
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Sch 2 Para 3
UK ST 1981 c 61 Sch 2 Para 3
Para 4
(1) A person born outside the United Kingdom and
the British overseas territories after commencement shall be entitled, on an
application for his registration under this paragraph, to be so registered if
the following requirements are satisfied, namely--
(a) that that person is and always has been
stateless; and
(b) that at the time of that person's birth his
father or mother was a citizen or subject of a description mentioned in
sub-paragraph (4); and
(c) that that person was in the United Kingdom
or a British overseas territory (no matter which) at the beginning of the
period of three years ending with the date of the application and that (subject
to paragraph 6) the number of days on which he was absent from both the United
Kingdom and the British overseas territories in that period does not exceed
270.
(2) A person entitled to registration under this
paragraph--
(a) shall be registered under it as a citizen or
subject of a description available to him in accordance with sub-paragraph (3);
and
(b) if more than one description is so available
to him, shall be registered under this paragraph as a citizen of whichever one
or more of the descriptions so available to him is or are stated in the
application under this paragraph to be wanted.
(3) For the purposes of this paragraph the
descriptions of citizen or subject available to a person entitled to
registration under this paragraph are--
(a) in the case of a person whose father or
mother was at the time of that person's birth a citizen of a description
mentioned in sub-paragraph (4), any description of citizen so mentioned which
applied to his father or mother at that time;
(b) in any other case, a British subject under
this Act.
(4) The descriptions referred to in
sub-paragraphs (1) to (3) are a British citizen, a [British overseas
territories citizen] [FN1], a British Overseas citizen and a British subject
under this Act.
[FN1] words substituted by British Overseas
Territories Act (2002 c.8), s 2 (3)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Sch 2 Para 4
UK ST 1981 c 61 Sch 2 Para 4
Para 5
(1) A person born before commencement shall be
entitled, on an application for his registration under this paragraph, to be so
registered if the circumstances are such that, if--
(a) this Act had not been passed, and the
enactments repealed or amended by this Act had continued in force accordingly;
and
(b) an application for the registration of that
person under section 1 of the British Nationality (No. 2) Act 1964 (stateless
persons) as a citizen of the United Kingdom and Colonies had been made on the
date of the application under this paragraph,
that person would have been entitled under that
section to be registered as such a citizen.
(2) A person entitled to registration under this
paragraph shall be registered under it as such a citizen as he would have
become at commencement if, immediately before commencement, he had been
registered as a citizen of the United Kingdom and Colonies under section 1 of
the British Nationality (No. 2) Act 1964 on whichever of the grounds mentioned
in subsection (1)(a) to (c) of that section he would have been entitled to be
so registered on in the circumstances described in sub-paragraph (1)(a) and (b)
of this paragraph.
Notes:
Act amended by British Nationality (Hong Kong)
Act 1990 (c.34), s. 2(1), British Nationality (Hong Kong) Act 1990 (c.34), s.
2(1); extended by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(1); restricted by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(2) and amended by S.I. 1983/1699, art. 2(1)
Excluded by S.I. 1983/882, art. 2(3)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Sch 2 Para 5
UK ST 1981 c 61 Sch 2 Para 5
Para 6
[
6. If in the special circumstances of any
particular case the Secretary of State thinks fit, he may for the purposes of
paragraph 3 or 4 treat the person who is the subject of the application as
fulfilling the requirement specified in sub-paragraph (1)(c) of that paragraph
although the number of days on which he was absent from both the United Kingdom
and the British overseas territories in the period there mentioned exceeds the
number there mentioned.
] [FN1]
[FN1] words substituted by British Overseas
Territories Act (2002 c.8), s 1 (1) (b)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Sch 2 Para 6
UK ST 1981 c 61 Sch 2 Para 6
Para 1
Antigua and Barbuda
Australia
The Bahamas
Bangladesh
Barbados
Belize
Botswana
Brunei
[
Cameroon
] [FN1]
Canada
Republic of Cyprus
Dominica
Fiji
The Gambia
Ghana
Grenada
Guyana
India
Jamaica
Kenya
Kiribati
Lesotho
Malawi
Malaysia
Maldives
Malta
Mauritius
[
Mozambique
] [FN2]
Nauru
New Zealand
Nigeria
Pakistan
Papua New Guinea
Saint Christopher and Nevis
Saint Lucia
Saint Vincent and the Grenadines
Seychelles
Sierra Leone
Singapore
Solomon Islands
South Africa
Sri Lanka
Swaziland
Tanzania
Tonga
Trinidad and Tobago
Tuvalu
Uganda
Vanuatu
Western Samoa
Zambia
Zimbabwe.
Namibia
[FN1] words inserted by SI 1998/3161 (British
Nationality (Cameroon and Mozambique) Order), Art 2
[FN2] words inserted by SI 1998/3161 (British
Nationality (Cameroon and Mozambique) Order), Art 2
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Sch 3 Para 1
UK ST 1981 c 61 Sch 3 Para 1
Para 1
1. [...] [FN1]
Notes:
Act amended by British Nationality (Hong Kong)
Act 1990 (c.34), s. 2(1), British Nationality (Hong Kong) Act 1990 (c.34), s.
2(1); extended by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(1); restricted by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(2) and amended by S.I. 1983/1699, art. 2(1)
[FN1] Amends Immigration Act 1971 (c. 77), ss.
3(1)(5)(6)(7)(8), 4(4), 5(2), 6(2), 8(2)(3)(4), 9(2)(4), 14(2), 24(1), 29(1),
33(1), Sch. 2 paras. 2(1)(a), 3(1), 6(1), 12(2), 13(2), 26(1), Sch. 4 paras.
1(1)(2), 3(1), 4
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Sch 4 Para 1
UK ST 1981 c 61 Sch 4 Para 1
Para 2
2. [...] [FN1]
Notes:
Act amended by British Nationality (Hong Kong)
Act 1990 (c.34), s. 2(1), British Nationality (Hong Kong) Act 1990 (c.34), s.
2(1); extended by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(1); restricted by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(2) and amended by S.I. 1983/1699, art. 2(1)
[FN1] Amends Immigration Act 1971 (c. 77), ss.
3(1)(5)(6)(7)(8), 4(4), 5(2), 6(2), 8(2)(3)(4), 9(2)(4), 14(2), 24(1), 29(1),
33(1), Sch. 2 paras. 2(1)(a), 3(1), 6(1), 12(2), 13(2), 26(1), Sch. 4 paras.
1(1)(2), 3(1), 4
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Sch 4 Para 2
UK ST 1981 c 61 Sch 4 Para 2
Para 3
(1) [...] [FN1]
(2) [...] [FN2]
Notes:
Act amended by British Nationality (Hong Kong)
Act 1990 (c.34), s. 2(1), British Nationality (Hong Kong) Act 1990 (c.34), s.
2(1); extended by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(1); restricted by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(2) and amended by S.I. 1983/1699, art. 2(1)
[FN1] Amends Immigration Act 1971 (c. 77), ss.
13(2), 22(4)(a)(5)(a), 26(1)(d), Sch. 2 para. 19(2)
[FN2] Amends Immigration Act 1971 (c. 77), s.
33(1)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Sch 4 Para 3
UK ST 1981 c 61 Sch 4 Para 3
Para 4
4. [...] [FN1]
Notes:
Act amended by British Nationality (Hong Kong)
Act 1990 (c.34), s. 2(1), British Nationality (Hong Kong) Act 1990 (c.34), s.
2(1); extended by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(1); restricted by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(2) and amended by S.I. 1983/1699, art. 2(1)
[FN1] Amends Immigration Act 1971 (c. 77), s.
3(7)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Sch 4 Para 4
UK ST 1981 c 61 Sch 4 Para 4
Para 5
5. [...] [FN1]
Notes:
Act amended by British Nationality (Hong Kong)
Act 1990 (c.34), s. 2(1), British Nationality (Hong Kong) Act 1990 (c.34), s.
2(1); extended by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(1); restricted by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(2) and amended by S.I. 1983/1699, art. 2(1)
[FN1] Amends Immigration Act 1971 (c. 77), s.
8(5)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Sch 4 Para 5
UK ST 1981 c 61 Sch 4 Para 5
Para 6
6. [...] [FN1]
Notes:
Act amended by British Nationality (Hong Kong)
Act 1990 (c.34), s. 2(1), British Nationality (Hong Kong) Act 1990 (c.34), s.
2(1); extended by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(1); restricted by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(2) and amended by S.I. 1983/1699, art. 2(1)
[FN1] Substitutes Immigration Act 1971 (c. 77),
s. 25(5)(a)-(c) for s. 25(5)(a)-(e)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Sch 4 Para 6
UK ST 1981 c 61 Sch 4 Para 6
Para 7
(a) [...] [FN1]
(b) [...] [FN2]
Notes:
Act amended by British Nationality (Hong Kong)
Act 1990 (c.34), s. 2(1), British Nationality (Hong Kong) Act 1990 (c.34), s.
2(1); extended by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(1); restricted by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(2) and amended by S.I. 1983/1699, art. 2(1)
[FN1] Amends Immigration Act 1971 (c. 77), s.
33(1)
[FN2] Inserts Immigration Act 1971 (c. 77), s.
33(2A)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Sch 4 Para 7
UK ST 1981 c 61 Sch 4 Para 7
Para 1
The form of the oath of allegiance is as shown
below, with the insertion, after the words "on becoming", of
whichever of the following expressions is appropriate, namely--
"a British citizen"
"a [British overseas territories citizen] [FN1]"
"a British Overseas citizen"
"a British subject".
Oath of allegiance
I, A.B., swear by Almighty God that, on becoming
I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the
Second Her Heirs and Successors according to law.
[FN1] words substituted by British Overseas
Territories Act (2002 c.8), s 2 (2)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Sch 5 Para 1
UK ST 1981 c 61 Sch 5 Para 1
Para 1
Anguilla
Bermuda
British Antarctic Territory
British Indian Ocean Territory
Cayman Islands
Falkland Islands[...] [FN1]
Gibraltar
Montserrat
Pitcairn, Henderson, Ducie and Oeno Islands
St. Helena and Dependencies
South Georgia and the South Sandwich Islands
The Sovereign Base Areas of Akrotiri and Dhekelia
(that is to say the areas mentioned in section 2(1) of the Cyprus Act 1960)
Turks and Caicos Islands
Virgin Islands.
[FN1] words repealed by SI 2001/3497 (British
Nationality Act 1981 (Amendment of Schedule 6) Order), Art 2 (a)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Sch 6 Para 1
UK ST 1981 c 61 Sch 6 Para 1
Para 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.
Notes:
Act amended by British Nationality (Hong Kong)
Act 1990 (c.34), s. 2(1), British Nationality (Hong Kong) Act 1990 (c.34), s.
2(1); extended by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(1); restricted by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(2) and amended by S.I. 1983/1699, art. 2(1)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Sch 8 Para 1
UK ST 1981 c 61 Sch 8 Para 1
Para 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.
Notes:
Act amended by British Nationality (Hong Kong)
Act 1990 (c.34), s. 2(1), British Nationality (Hong Kong) Act 1990 (c.34), s.
2(1); extended by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(1); restricted by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(2) and amended by S.I. 1983/1699, art. 2(1)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Sch 8 Para 2
UK ST 1981 c 61 Sch 8 Para 2
Para 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.
Notes:
Act amended by British Nationality (Hong Kong)
Act 1990 (c.34), s. 2(1), British Nationality (Hong Kong) Act 1990 (c.34), s.
2(1); extended by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(1); restricted by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(2) and amended by S.I. 1983/1699, art. 2(1)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Sch 8 Para 3
UK ST 1981 c 61 Sch 8 Para 3
Para 4
(1) Where--
(a) a person has before commencement duly made a
declaration under section 4(2) of the 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.
Notes:
Act amended by British Nationality (Hong Kong)
Act 1990 (c.34), s. 2(1), British Nationality (Hong Kong) Act 1990 (c.34), s.
2(1); extended by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(1); restricted by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(2) and amended by S.I. 1983/1699, art. 2(1)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Sch 8 Para 4
UK ST 1981 c 61 Sch 8 Para 4
Para 5
Any application for a certificate of patriality
under the 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.
Notes:
Act amended by British Nationality (Hong Kong)
Act 1990 (c.34), s. 2(1), British Nationality (Hong Kong) Act 1990 (c.34), s.
2(1); extended by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(1); restricted by British Nationality (Falkland Islands) Act 1983 (c.6), s.
3(2) and amended by S.I. 1983/1699, art. 2(1)
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Sch 8 Para 5
UK ST 1981 c 61 Sch 8 Para 5
Para 6
Where a person who has been refused a
certificate of patriality under the 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.[ [FN1]] [FN2]
[FN1] In relation to the Isle of Man, Para. 6
repealed:
[FN2] repealed by SI 1991/2630 (Immigration
(Isle of Man) Order), Sch 1 (II) Para 1
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Sch 8 Para 6
UK ST 1981 c 61 Sch 8 Para 6
Para 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. [ [FN1]] [FN2]
[FN1] In relation to the Isle of Man, Para. 7
repealed.
[FN2] repealed by SI 1991/2630 (Immigration
(Isle of Man) Order), Sch 1 (II) Para 1
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Sch 8 Para 7
UK ST 1981 c 61 Sch 8 Para 7
Para 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.[ [FN1]] [FN2]
[FN1] In relation to the Isle of Man, Para. 8
repealed.
[FN2] repealed by SI 1991/2630 (Immigration (Isle
of Man) Order), Sch 1 (II) Para 1
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 61 Sch 8 Para 8
UK ST 1981 c 61 Sch 8 Para 8