BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART I BRITISH CITIZENSHIP

Acquisition after commencement

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, s. 2 (Eng.)

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 inthe 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] 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.

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

Appointment: 1 January 1983: see SI 1982/933, art 2.

Amendment

Sub-s (1): words "and the qualifying territories" in each place they occur and words "or a qualifying territory" in square brackets inserted by the British Overseas Territories Act 2002, s 5, Sch 1, para 2(1), (2); for effect see Sch 1, para 2(1) thereto.

Date in force: 21 May 2002: see SI 2002/1252, art 2(a).

Sub-s (2): in para (a) words "or of a qualifying territory" in square brackets inserted by the British Overseas Territories Act 2002, s 5, Sch 1, para 2(1), (3); for effect see Sch 1, para 2(1) thereto.

Date in force: 21 May 2002: see SI 2002/1252, art 2(a).

Sub-s (3): words "and the qualifying territories" and "or in a qualifying territory" in square brackets inserted by the British Overseas Territories Act 2002, s 5, Sch 1, para 2(1), (4); for effect see Sch 1, para 2(1) thereto.

Date in force: 21 May 2002: see SI 2002/1252, art 2(a).

5 of 113 DOCUMENTS

BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART I BRITISH CITIZENSHIP

Acquisition after commencement

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, s. 3 (Eng.)

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 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 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] 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] 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) of 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; [and]

(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.

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

Appointment: 1 January 1983: see SI 1982/933, art 2.

Amendment

Sub-s (2): words "and the qualifying territories" in square brackets inserted by the British Overseas Territories Act 2002, s 5, Sch 1, para 3(1), (2); for effect see Sch 1, para 3(1) thereto.

Date in force: 21 May 2002: see SI 2002/1252, art 2(a).

Sub-s (3): in para (c) words "or a qualifying territory" and "and the qualifying territories" in square brackets inserted by the British Overseas Territories Act 2002, s 5, Sch 1, para 3(1), (3); for effect see Sch 1, para 3(1) thereto.

Date in force: 21 May 2002: see SI 2002/1252, art 2(a).

Sub-s (5): words "and the qualifying territories" in both places they occur and "or a qualifying territory" in square brackets inserted by the British Overseas Territories Act 2002, s 5, Sch 1, para 3(1), (4); for effect see Sch 1, para 3(1) thereto.

Date in force: 21 May 2002: see SI 2002/1252, art 2(a).

Sub-s (6): in para (a) word "and" in square brackets inserted by the
Nationality, Immigration and Asylum Act 2002, s 9(2)(a).

Date in force: to be appointed: see the Nationality, Immigration and Asylum Act 2002, s 162(1); for effect see sub-s (5) thereof.

Sub-s (6): in para (b) word "and" in italics repealed by the Nationality, Immigration and Asylum Act 2002, ss 9(2)(b), 161, Sch 9.

Date in force: to be appointed: see the Nationality, Immigration and Asylum Act 2002, s 162(1); for effect see sub-s (5) thereof.

Sub-s (6): para (c) repealed by the Nationality, Immigration and Asylum Act 2002, ss 9(2)(c), 161, Sch 9.

Date in force: to be appointed: see the Nationality, Immigration and Asylum Act 2002, s 162(1); for effect see sub-s (5) thereof.

6 of 113 DOCUMENTS

BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART I BRITISH CITIZENSHIP

Acquisition after commencement

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, s. 4 (Eng.)

4 Acquisition by registration: [British overseas territories citizens] etc


(1) This section applies to any person who is a [British overseas territories citizen], [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 shallnot 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 sectionapplies, 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.

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

Appointment: 1 January 1983: see SI 1982/933, art 2.

Amendment

Section heading: words "British overseas territories citizens" in square brackets substituted by the British Overseas Territories Act 2002, s 2(2)(b).

Date in force: this amendment came into force on 26 February 2002 (date of Royal Assent of the British Overseas Territories Act 2002) in the absence of any specific commencement provision.

Sub-s (1): words "British overseas territories citizen" in square brackets substituted by the British Overseas Territories Act 2002, s 2(2)(b).

Date in force: this amendment came into force on 26 February 2002 (date of Royal Assent of the British Overseas Territories Act 2002) in the absence of any specific commencement provision.

Sub-s (1): words "a British National (Overseas)," in square brackets inserted by SI 1986/948, art 7.

Sub-s (6): words "British overseas territory" in square brackets in both places they occur substituted by the British Overseas Territories Act 2002, s1(1)(b).

Date in force: this amendment came into force on 26 February 2002 (date of Royal Assent of the British Overseas Territories Act 2002) inthe absence of any specific commencement provision.

See Further

See further, in relation to the construction of the reference to being in the United Kingdom "in breach of the immigration laws" in sub-ss (2), (4) above: the Nationality, Immigration and Asylum Act 2002, s 11.

7 of 113 DOCUMENTS

BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART I BRITISH CITIZENSHIP

Acquisition after commencement

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, s. 4A (Eng.)

[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 Statemay 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.]

NOTES:

Amendment

Inserted by the British Overseas Territories Act 2002, s 4.

Date in force: 21 May 2002: see SI 2002/1252, art 2(a).

8 of 113 DOCUMENTS


BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART I BRITISH CITIZENSHIP

Acquisition after commencement

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, s. 4B (Eng.)

[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.]

NOTES:

Amendment

Inserted by the Nationality, Immigration and Asylum Act 2002, s 12(1).

Date in force: 30 April 2003: see SI 2003/754, art 2(1), Sch 1.

9 of 113 DOCUMENTS

BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART I BRITISH CITIZENSHIP

Acquisition after commencement

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, s. 4C (Eng.)

[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 theapplicant 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.]

NOTES:

Amendment

Inserted by the Nationality, Immigration and Asylum Act 2002, s 13(1).

Date in force: 30 April 2003: see SI 2003/754, art 2(1), Sch 1.

10 of 113 DOCUMENTS

BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART I BRITISH CITIZENSHIP

Acquisition after commencement

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, s. 5 (Eng.)

5 Acquisition by registration: nationals for purposes of the Community treaties


A [British overseas territories citizen] 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.

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

Appointment: 1 January 1983: see SI 1982/933, art 2.

Amendment

Words "British overseas territories citizen" in square brackets substituted by the British Overseas Territories Act 2002, s 2(2)(b).

Date in force: this amendment came into force on 26 February 2002 (date of Royal Assent of the British Overseas Territories Act 2002) in the absence of any specific commencement provision.

11 of 113 DOCUMENTS

BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART I BRITISH CITIZENSHIP

Acquisition after commencement

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, s. 6 (Eng.)

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:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

Appointment: 1 January 1983: see SI 1982/933, art 2.

12 of 113 DOCUMENTS

BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART I BRITISH CITIZENSHIP

Acquisition after commencement: special cases

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, s. 7 (Eng.)

7 . . .


. . .

NOTES:

Amendment

Repealed by the Nationality, Immigration and Asylum Act 2002, ss 15, 161, Sch 2, para 1(a), Sch 9.

Date in force: 7 November 2002 (except in relation to a registration made before that date): see the Nationality, Immigration and Asylum Act 2002, s 162(2)(e), Sch 2, para 2.

13 of 113 DOCUMENTS

BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART I BRITISH CITIZENSHIP

Acquisition after commencement: special cases

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, s. 8 (Eng.)

8 . . .


. . .

NOTES:

Amendment

Repealed by the Nationality, Immigration and Asylum Act 2002, ss 15, 161, Sch 2, para 1(b), Sch 9.

Date in force: 7 November 2002 (except in relation to a registration made before that date): see the Nationality, Immigration and Asylum Act 2002, s 162(2)(e), Sch 2, para 2.

14 of 113 DOCUMENTS

BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART I BRITISH CITIZENSHIP

Acquisition after commencement: special cases

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, s. 9 (Eng.)

9 . . .


. . .

NOTES:

Amendment

Repealed by the Nationality, Immigration and Asylum Act 2002, ss 15, 161, Sch 2, para 1(c), Sch 9.

Date in force: 7 November 2002 (except in relation to a registration made before that date): see the Nationality, Immigration and Asylum Act 2002, s 162(2)(e), Sch 2, para 2.

15 of 113 DOCUMENTS

BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART I BRITISH CITIZENSHIP

Acquisition after commencement: special cases

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, s. 10 (Eng.)

10 Registration following renunciation of citizenship of UK 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 Kingdomor. . . 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) . . . 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.

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

Appointment: 1 January 1983: see SI 1982/933, art 2.

Amendment

Sub-s (1): words omitted repealed by the Nationality, Immigration and Asylum Act 2002, ss 5(a), 161, Sch 9.

Date in force: 7 November 2002 (in relation to an application made after that date and an application made, but not determined, before that date): see the Nationality, Immigration and Asylum Act 2002, s 162(3).

Sub-s (2): in para (b) words omitted repealed by the Nationality, Immigration and Asylum Act 2002, ss 5(a), 161, Sch 9.

Date in force: 7 November 2002 (in relation to an application made after that date and an application made, but not determined, before that date): see the Nationality, Immigration and Asylum Act 2002, s 162(3).

16 of 113 DOCUMENTS

BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART I BRITISH CITIZENSHIP

Acquisition at commencement

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, s. 11 (Eng.)

11 Citizens of UK 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 countryby 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:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

Appointment: 1 January 1983: see SI 1982/933, art 2.

17 of 113 DOCUMENTS

BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART I BRITISH CITIZENSHIP

Renunciation and resumption

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, s. 12 (Eng.)

12 Renunciation


(1) If any British citizen of full age and capacity makes in the prescribed manner a declaration of renunciation ofBritish 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:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

Appointment: 1 January 1983: see SI 1982/933, art 2.

See Further

See further, in relation to British Nationals (Overseas) and their status:
the Hong Kong (British Nationality) Order 1986, SI 1986/948, art 7(10).

18 of 113 DOCUMENTS

BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART I BRITISH CITIZENSHIP

Renunciation and resumption

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, s. 13 (Eng.)

13 Resumption


(1) Subject to subsection (2), a person who has ceased to bea 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:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

Appointment: 1 January 1983: see SI 1982/933, art 2.

19 of 113 DOCUMENTS

BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART I BRITISH CITIZENSHIP

Supplementary

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, s. 14 (Eng.)

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 ofthat 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 aman who at commencement became a British citizen by descent or would have done so but for 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]; 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).

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

Appointment: 1 January 1983: see SI 1982/933, art 2.

Amendment

Sub-s (1): in para (d) words in square brackets beginning with the words "section 4B or 5" substituted by the Nationality, Immigration and Asylum Act 2002, s 12(2).

Date in force: 30 April 2003: see SI 2003/754, art 2(1), Sch 1.

Sub-s (1): in para (d) reference to ", 4C" in square brackets inserted by the Nationality, Immigration and Asylum Act 2002, s 13(2).

Date in force: 30 April 2003: see SI 2003/754, art 2(1), Sch 1.

Sub-s (1): in para (h) words "British overseas territory" in square brackets substituted by the British Overseas Territories Act 2002, s 1(1)(b).

Date in force: this amendment came into forceon 26 February 2002 (date of Royal Assent of the British Overseas Territories Act 2002) in the absence of any specific commencement provision.

20 of 113 DOCUMENTS

BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART II [BRITISH OVERSEAS TERRITORIES CITIZENSHIP]

Acquisition after commencement

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, s. 15 (Eng.)

15 Acquisition by birth or adoption


(1) A person born in a [British overseas territory] after commencement shall be a [British overseas territories citizen] if at the time of the birth his father or mother is--

(a) a [British overseas territories citizen]; 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] or settled in a [British overseas territory].

(3) Aperson born in a [British overseas territory] after commencement who is not a [British overseas territories citizen] 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] by virtue of subsection (1) or
(2)
shall be entitled, on an application for registration as a [British overseas territories 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 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] is made by a court in any [British overseas territory], he shall be a [British overseas territories citizen] 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] on that date.

[(5A) Where--

(a) a minor who is not a British overseas territories citizen is adopted under a Convention adoption,(b) on the date on which the adoption is effected--

(i) the adopter or, in the case of a joint adoption, one of the adopters is a British overseas territories citizen, and(ii) the adopter or, in the case of a joint adoption, both of the adopters are habitually resident in a designated territory, and

(c) the Convention adoption is effected under the law of a country or territory outside the designated territory,

the minor shall be a British overseas territories citizen as from that date.]

(6) Where an order [or a Convention adoption] in consequence of which any person became a [British overseas territories 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 such a citizen.

(7) If in the special circumstancesof 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.

NOTES:

Amendment

Words "British Overseas Territories Citizenship" in square brackets substituted by the British Overseas Territories Act 2002, s 2(2)(a).

Date in force: this amendment came into force on 26 February 2002 (date of Royal Assent of the British Overseas Territories Act 2002) in the absence of any specificcommencement provision.

Initial Commencement

To be appointed
To be appointed: see s 53(2).

Appointment

Appointment: 1 January 1983: see SI 1982/933, art 2.

Amendment

Sub-s (1): words "British overseas territory" in square brackets in both places they occur substituted by the British Overseas Territories Act 2002, s 1(1)(b).

Date in force: this amendment came into force on 26 February 2002 (date of Royal Assent of the British Overseas Territories Act 2002) in the absence of any specific commencement provision.

Sub-s (1): words "British overseas territories citizen" in square brackets in both places they occur substituted by the British Overseas Territories Act 2002, s 2(2)(b).

Date in force: this amendment came into force on 26 February 2002 (date of Royal Assent of the British Overseas Territories Act 2002) in the absence of any specific commencement provision.

Sub-s (2): words "British overseas territory" in square brackets in both places they occur substituted by the British Overseas Territories Act 2002, s 1(1)(b).

Date in force: this amendment came into force on the 26 February 2002 (date of Royal Assent of the British Overseas Territories Act 2002) in the absence of any specific commencement provision.

Sub-s (2): words "British overseas territories citizen" in square brackets substituted by the British Overseas Territories Act 2002, s 2(2)(b).

Date in force: this amendment came into force on the 26 February 2002 (date of Royal Assent of the British Overseas Territories Act 2002) in the absence of any specific commencement provision.

Sub-s (3): words "British overseas territory" in square brackets in both places they occur substituted by the British Overseas Territories Act 2002, s 1(1)(b).

Date in force: this amendment came into force on 26 February 2002 (date of Royal Assent of the British Overseas Territories Act 2002) in the absence of any specific commencement provision.

Sub-s (3): words "British overseas territories citizen" in square brackets substituted by the British Overseas Territories Act 2002, s 2(2)(b).

Date in force: this amendment came into force on 26 February 2002 (date ofRoyal Assent of the British Overseas Territories Act 2002) in the absence of any specific commencement provision.

Sub-s (4): words "British overseas territory" in square brackets substituted by the British Overseas Territories Act 2002, s 1(1)(b).

Date inforce: this amendment came into force on 26 February 2002 (date of Royal Assent of the British Overseas Territories Act 2002) in the absence of any specific commencement provision.

Sub-s (4): words "British overseas territories citizen" in square brackets in both places they occur substituted by the British Overseas Territories Act 2002, s 2(2)(b).

Date in force: this amendment came into force on 26 February 2002 (date of Royal Assent of the British Overseas Territories Act 2002) in the absence of any specific commencement provision.

Sub-s (5): words "British overseas territories citizen" in square brackets in each place they occur substituted by the British Overseas Territories Act 2002, s 2(2)(b).

Date in force: this amendment came into force on 26 February 2002 (date of Royal Assent of the British Overseas Territories Act 2002) in the absence of any specific commencement provision.

Sub-s (5): words "British overseas territory" in square brackets substituted by the British Overseas Territories Act 2002, s 1(1)(b).

Date in force: this amendment came into force on 26 February 2002 (date of Royal Assent of the British Overseas Territories Act 2002) in the absence of any specific commencement provision.

Sub-s (5A): inserted by the Adoption and Children Act 2002, s 137(3), (5)(a).

Date in force: to be appointed: see the Adoption and Children Act 2002, s 148(1), (2).

Sub-s (6): words "or a Convention adoption" in square brackets inserted by the Adoption and Children Act 2002, s 137(3), (5)(b).

Date in force: to be appointed: see the Adoption and Children Act 2002, s 148(1), (2).

Sub-s (6): words "British overseas territories citizen" in square brackets substituted by the British Overseas Territories Act 2002, s 2(2)(b).

Date in force: this amendment came into force on 26 February 2002 (date of Royal Assent of the British Overseas Territories Act 2002) in the absence of any specific commencement provision.

Sub-s (7): words "British overseas territory" in square brackets substituted by the British Overseas Territories Act 2002, s 1(1)(b).

Date in force: this amendment came into force on 26 February 2002 (date of Royal Assent of the British Overseas Territories Act 2002) in the absence of any specific commencement provision.

21 of 113 DOCUMENTS


BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART II [BRITISH OVERSEAS TERRITORIES CITIZENSHIP]

Acquisition after commencement

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, s. 16 (Eng.)

16 Acquisition by descent


(1) A person born outside the [British overseas territories] after commencement shall be a [British overseas territories citizen] 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.

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

Appointment: 1 January 1983: see SI 1982/933, art 2.

Amendment

Sub-s (1): words "British overseas territory" and words "British overseas territories" in square brackets in both places they occur substituted by the British Overseas Territories Act 2002, s 1(1)(b).

Date in force: this amendment came into force on 26 February 2002 (date of Royal Assent of the British Overseas Territories Act 2002) in the absence of any specific commencement provision.

Sub-s (1): words "British overseas territories citizen" in square brackets substituted by the British Overseas Territories Act 2002, s 2(2)(b).

Date in force: this amendment came into force on 26 February 2002 (date of Royal Assent of the British Overseas Territories Act 2002) in the absence of any specific commencement provision.

Sub-s (2): in para (a) words "British overseas territory" in square brackets substituted by the British Overseas Territories Act 2002, s 1(1)(b).

Date in force: this amendment came into force on 26 February 2002 (date of Royal Assent of the British Overseas Territories Act 2002) in the absence of any specific commencement provision.

Sub-s (3): words "British overseas territories" and "British overseas territory" in square brackets substituted by the British Overseas Territories Act 2002, s 1(1)(b).

Date in force: this amendment came into force on 26 February 2002 (date of Royal Assent of the British Overseas Territories Act 2002) in the absence of any specific commencement provision.

22 of 113 DOCUMENTS

BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART II [BRITISH OVERSEAS TERRITORIES CITIZENSHIP]

Acquisition after commencement

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, s. 17 (Eng.)

17 Acquisition by registration: minors


(1) If while a person is a minor an application is made for his
registration
as a British Territories 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 [British overseas territories] shall be
entitled, on an application for his registration as a [British overseas
territories citizen] 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 mother ("the parent in question").

(3) The requirements referred to in subsection (2) are--

(a) that the parent in question was a [British overseas territores
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 overseas territories citizen] otherwise than by
descent at
the time of birth of the parent in question; or

(ii) became a [British overseas territories 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 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, on an application for his registration as a [British overseas
territories 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 overseas territories citizen] 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]--

(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; [and]

(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 reference shall be read as
references to his mother.

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

Appointment: 1 January 1983: see SI 1982/933, art 2.

Amendment

Sub-s (2): words "British overseas territories" in square brackets
substituted by the British Overseas Territories Act 2002, s 1(1)(b).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

Sub-s (2): words "British overseas territories citizen" in square
brackets
substituted by the British Overseas Territories Act 2002, s 2(2)(b).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

Sub-s (3): words "British overseas territories citizen" in square
brackets in
each place they occur substituted by the British Overseas Territories Act
2002,
s 2(2)(b).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

Sub-s (3): in para (c)(ii) words "British overseas territory" in square
brackets substituted by the British Overseas Territories Act 2002, s
1(1)(b).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

Sub-s (5): words "British overseas territories" in square brackets
substituted by the British Overseas Territories Act 2002, s 1(1)(b).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

Sub-s (5): words "British overseas territories citizen" in square
brackets in
both places they occur substituted by the British Overseas Territories Act
2002,
s 2(2)(b).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

Sub-s (5): in para (b) words "British overseas territory" in square
brackets
substituted by the British Overseas Territories Act 2002, s 1(1)(b).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

Sub-s (6): words "British overseas territories citizen" in square
brackets
substituted by the British Overseas Territories Act 2002, s 2(2)(b).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

Sub-s (6): in para (a) word "and" in square brackets inserted by the
Nationality, Immigration and Asylum Act 2002, s 9(3)(a).

Date in force: to be appointed: see the Nationality, Immigration and
Asylum
Act 2002, s 162(1); for effect see sub-s (5) thereof.

Sub-s (6): in para (b) word "and" in italics repealed by the Nationality,
Immigration and Asylum Act 2002, ss 9(3)(b), 161, Sch 9.

Date in force: to be appointed: see the Nationality, Immigration and
Asylum
Act 2002, s 162(1); for effect see sub-s (5) thereof.

Sub-s (6): para (c) repealed by the Nationality, Immigration and Asylum
Act
2002, ss 9(3)(c), 161, Sch 9.

Date in force: to be appointed: see the Nationality, Immigration and
Asylum
Act 2002, s 162(1); for effect see sub-s (5) thereof.

23 of 113 DOCUMENTS

Butterworths UK Statutes
Copyright 2003, Butterworths Tolley UK
a division of Reed Elsevier, Inc.
All rights reserved.

*** THIS DOCUMENT IS CURRENT THROUGH 2 APRIL, 2003 ***

BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART II [BRITISH OVERSEAS TERRITORIES CITIZENSHIP]

Acquisition after commencement

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, s. 18 (Eng.)

18 Acquisition by naturalisation


(1) If, on an application for naturalisation as a [British overseas
territories 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 overseas
territories citizen] 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.

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

Appointment: 1 January 1983: see SI 1982/933, art 2.

Amendment

Sub-s (1): words "British overseas territories citizen" in square
brackets
substituted by the British Overseas Territories Act 2002, s 2(2)(b).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

Sub-s (2): words "British overseas territories citizen" in square
brackets
substituted by the British Overseas Territories Act 2002, s 2(2)(b).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

Sub-s (3): words "British overseas territory" in square brackets
substituted
by the British Overseas Territories Act 2002, s 1(1)(b).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

24 of 113 DOCUMENTS

Butterworths UK Statutes
Copyright 2003, Butterworths Tolley UK
a division of Reed Elsevier, Inc.
All rights reserved.

*** THIS DOCUMENT IS CURRENT THROUGH 2 APRIL, 2003 ***

BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART II [BRITISH OVERSEAS TERRITORIES CITIZENSHIP]

Acquisition after commencement: special cases

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, s. 19 (Eng.)

19 . . .


. . .

NOTES:

Amendment

Repealed by the Nationality, Immigration and Asylum Act 2002, ss 15, 161,
Sch
2, para 1(d), Sch 9.

Date in force: 7 November 2002 (except in relation to a registration made
before that date): see the Nationality, Immigration and Asylum Act 2002, s
162(2)(e), Sch 2, para 2.

25 of 113 DOCUMENTS

Butterworths UK Statutes
Copyright 2003, Butterworths Tolley UK
a division of Reed Elsevier, Inc.
All rights reserved.

*** THIS DOCUMENT IS CURRENT THROUGH 2 APRIL, 2003 ***

BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART II [BRITISH OVERSEAS TERRITORIES CITIZENSHIP]

Acquisition after commencement: special cases

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, s. 20 (Eng.)

20 . . .


. . .

NOTES:

Amendment

Repealed by the Nationality, Immigration and Asylum Act 2002, ss 15, 161,
Sch
2, para 1(e), Sch 9.

Date in force: 7 November 2002 (except in relation to a registration made
before that date): see the Nationality, Immigration and Asylum Act 2002, s
162(2)(e), Sch 2, para 2.

26 of 113 DOCUMENTS

Butterworths UK Statutes
Copyright 2003, Butterworths Tolley UK
a division of Reed Elsevier, Inc.
All rights reserved.

*** THIS DOCUMENT IS CURRENT THROUGH 2 APRIL, 2003 ***

BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART II [BRITISH OVERSEAS TERRITORIES CITIZENSHIP]

Acquisition after commencement: special cases

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, s. 21 (Eng.)

21 . . .


. . .

NOTES:

Amendment

Repealed by the Nationality, Immigration and Asylum Act 2002, ss 15, 161,
Sch
2, para 1(f), Sch 9.

Date in force: 7 November 2002 (except in relation to a registration made
before that date): see the Nationality, Immigration and Asylum Act 2002, s
162(2)(e), Sch 2, para 2.

27 of 113 DOCUMENTS

Butterworths UK Statutes
Copyright 2003, Butterworths Tolley UK
a division of Reed Elsevier, Inc.
All rights reserved.

*** THIS DOCUMENT IS CURRENT THROUGH 2 APRIL, 2003 ***

BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART II [BRITISH OVERSEAS TERRITORIES CITIZENSHIP]

Acquisition after commencement: special cases

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, s. 22 (Eng.)

22 Right to registration replacing right to resume citizenship of UK 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. . . 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) . . . 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.

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

Appointment: 1 January 1983: see SI 1982/933, art 2.

Amendment

Sub-s (1): words "British overseas territories citizen" in square
brackets
substituted by the British Overseas Territories Act 2002, s 2(2)(b).

Date in force: this amendment came into force on26 February 2002 (date of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

Sub-s (1): words "British overseas territory" in square brackets
substituted
by the British Overseas Territories Act 2002, s 1(1)(b).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

Sub-s (1): words omitted repealed by the Nationality, Immigration and
Asylum
Act 2002, ss 5(b), 161, Sch 9.

Date in force: 7 November 2002 (in relation to an application made after
that
date and an application made, but not determined, before that date): see
the
Nationality, Immigration and Asylum Act 2002, s 162(3).

Sub-s (2): words "British overseas territories citizen" in square
brackets in
both places they occur substituted by the British Overseas Territories Act
2002,
s 2(2)(b).

Date in force: this amendment came into force on 26 February 2002 (dateof
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

Sub-s (2): in para (a) words "British overseas territory" in square
brackets
substituted by the British Overseas Territories Act 2002, s 1(1)(b).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

Sub-s (2): in para (b) words omitted repealed by the Nationality,
Immigration
and Asylum Act 2002, ss 5(b), 161, Sch 9.

Date in force: 7 November 2002 (in relation to an application made after
that
date and an application made, but not determined, before that date): see
the
Nationality, Immigration and Asylum Act 2002, s 162(3).

Sub-s (4): words "British overseas territory" in square brackets
substituted
by the British Overseas Territories Act 2002, s 1(1)(b).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

28 of 113 DOCUMENTS

Butterworths UK Statutes
Copyright 2003, Butterworths Tolley UK
a division of Reed Elsevier, Inc.
All rights reserved.

*** THIS DOCUMENT IS CURRENT THROUGH 2 APRIL, 2003 ***

BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART II [BRITISH OVERSEAS TERRITORIES CITIZENSHIP]

Acquisition at commencement

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, s. 23 (Eng.)

23 Citizens of UK and Colonies who are to become [British overseas
territories
citizens] at commencement


(1) A person shall at commencement become a [British overseas territories
citizen] 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] at commencement or would have done so but for his
death.

(2) A person shall at commencement become a [British overseas territories
citizen] 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] 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] 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
andColonies 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].

(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.

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

Appointment: 1 January 1983: see SI 1982/933, art 2.

Amendment

Section heading: words "British overseas territories citizens" in square
brackets substituted by the British Overseas Territories Act 2002, s
2(2)(b).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

Sub-s (1): words "British overseas territories citizen" in square
brackets in
both places they occur substituted by the British Overseas Territories Act
2002,
s 2(2)(b).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

Sub-s (1): words "British overseas territory" in square brackets in both
places they occur substituted by the British Overseas Territories Act 2002,
s
1(1)(b).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

Sub-s (2): words "British overseas territories citizen" in square
brackets in
both places they occur substituted by the British Overseas Territories Act
2002,
s 2(2)(b).

Date in force: this amendment came into force on the 26 February 2002
(date
of Royal Assent of the British Overseas Territories Act 2002) in the
absence of
any specific commencement provision.

Sub-s (2): in para (b) words "British overseas territory" in square
brackets
substituted by the British Overseas Territories Act 2002, s 1(1)(b).

Date in force: this amendment came into force on the 26 February 2002
(date
of Royal Assent of the British Overseas Territories Act 2002) in the
absence of
any specific commencement provision.

Sub-s (3): words "British overseas territory" in square brackets in each
place they occur substituted by the British Overseas Territories Act 2002,
s
1(1)(b).

Date in force: this amendment came into froce on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

Sub-s (3): words "British overseas territories citizen" in square
brackets
substituted by the British Overseas Territories Act 2002, s 2(2)(b).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas TerritoriesAct 2002) in the absence of
any
specific commencement provision.

Sub-s (4): words "British overseas territory" in square brackets in both
places they occur substituted by the British Overseas Territories Act 2002,
s
1(1)(b).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

Sub-s (4): words "British overseas territories citizen" in square
brackets
substituted by the British Overseas Territories Act 2002, s 2(2)(b).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

Sub-s (5): words "British overseas territory" in square brackets in each
place they occur substituted by the British Overseas Territories Act 2002,
s
1(1)(b).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

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BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART II [BRITISH OVERSEAS TERRITORIES CITIZENSHIP]

Renunciation and resumption

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, s. 24 (Eng.)

24 Renunciation and resumption


The provisions of sections 12 and 13 shall apply in relation to [British
overseas territories citizens] and [British overseasterritories
citizenship] as
they apply in relation to British citizens and British citizenship.

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

Appointment: 1 January 1983: see SI 1982/933, art 2.

Amendment

Words "British overseas territories citizens" in square brackets
substituted
by the British Overseas Territories Act 2002, s 2(2)(b).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

Words "British overseas territories citizenship" in square brackets
substituted by the British Overseas Territories Act 2002, s 2(2)(a).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

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BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART II [BRITISH OVERSEAS TERRITORIES CITIZENSHIP]

Supplementary

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, s. 25 (Eng.)

25 Meaning of [British overseas territories citizen] "by descent"


(1) For the purposes of this Act a [British overseas territories citizen]
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] by virtue by
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] 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] by virtue of
registration
under section 17(1) and either--

(i) his father or mother was a [British overseas territories 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 overseas territories citizen] 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] at commencement under section 23(1)(b) only; or

(e) subject to subsection (2), being a woman, she became a [British
overseas
territories citizen] 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] 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] 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] by virtue of
registration
under section22 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] by descent by virtue of paragraph (b), (d) or (e);

(h) he is a [British overseas territories citizen] by virtue of
registration
under section 13 (as applied by section 24) who, immediately before he
ceased to
be a [British overseas territories citizen] 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] 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] "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 ofa
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).

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

Appointment: 1 January 1983: see SI 1982/933, art 2.

Amendment

Section heading: words "British overseas territories citizen" in square
brackets substituted by the British Overseas Territories Act 2002, s
2(2)(b).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

Sub-s (1): words "British overseas territories citizen" in square
brackets in
each place they occur substituted by the British Overseas Territories Act
2002,
s 2(2)(b).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

Sub-s (1): words "British overseas territories" in square brackets in
each
place they occur substituted by the British Overseas Territories Act 2002,
s
1(1)(b).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

Sub-s (2): words "British overseas territory" and words "British overseas
territories" in square brackets in both places they occur substituted by
the
British Overseas Territories Act 2002, s 1(1)(b).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

Sub-s (2): words "British overseas territories citizen" in square
brackets
substituted by the British Overseas Territories Act 2002, s 2(2)(b).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

Sub-s (3): words "British overseas territory" in square brackets
substituted
by the British Overseas Territories Act 2002, s 1(1)(b).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

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BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART III BRITISH OVERSEAS CITIZENSHIP

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, s. 26 (Eng.)

26 Citizens of UK 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] shall at commencement
become
a British Overseas citizen.

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

Appointment: 1 January 1983: see SI 1982/933, art 2.

Amendment

Words "British overseas territories citizen" in square brackets
substituted
by the British Overseas Territories Act 2002, s 2(2)(b).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

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BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART III BRITISH OVERSEAS CITIZENSHIP

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, s. 27 (Eng.)

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.

(2) . . .

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

Appointment: 1 January 1983: see SI 1982/933, art 2.

Amendment

Sub-s (2): repealed by the Nationality, Immigration and Asylum Act 2002,
ss
15, 161, Sch 2, para 1(g), Sch 9.

Date in force: 7 November 2002 (except in relation to a registration made
before that date): see the Nationality, Immigration and Asylum Act 2002, s
162(2)(e), Sch 2, para 2.

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BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART III BRITISH OVERSEAS CITIZENSHIP

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, s. 28 (Eng.)

28 . . .


. . .

NOTES:

Amendment

Repealed by the Nationality, Immigration and Asylum Act 2002, ss 15, 161,
Sch
2, para 1(h), Sch 9.

Date in force: 7 November 2002 (except in relation to a registration made
before that date): see the Nationality, Immigration and Asylum Act 2002, s
162(2)(e), Sch 2, para 2.

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BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART III BRITISH OVERSEAS CITIZENSHIP

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, s. 29 (Eng.)

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:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

Appointment: 1 January 1983: see SI 1982/933, art 2.

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BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART IV BRITISH SUBJECTS

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, s. 30 (Eng.)

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 to 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:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

Appointment: 1 January 1983: see SI 1982/933, art 2.

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BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART IV BRITISH SUBJECTS

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, s. 31 (Eng.)

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],

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.

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

Appointment: 1 January 1983: see SI 1982/933, art 2.

Amendment

Sub-s (3): in para (b) words "British overseas territory" in square
brackets
substituted by the British Overseas Territories Act 2002, s 1(1)(b).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

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BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART IV BRITISH SUBJECTS

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, s. 32 (Eng.)

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:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

Appointment: 1 January 1983: see SI 1982/933, art 2.

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BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART IV BRITISH SUBJECTS

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, s. 33 (Eng.)

33 . . .


. . .

NOTES:

Amendment

Repealed by the Nationality, Immigration and Asylum Act 2002, ss 15, 161,
Sch
2, para 1(i), Sch 9.

Date in force: 7 November 2002 (except in relation to a registration made
before that date): see the Nationality, Immigration and Asylum Act 2002, s
162(2)(e), Sch 2, para 2.

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BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART IV BRITISH SUBJECTS

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, s. 34 (Eng.)

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:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

Appointment: 1 January 1983: see SI 1982/933, art 2.

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BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART IV BRITISH SUBJECTS

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, s. 35 (Eng.)

35 Circumstances in which British subjects are to lose that status


A person who under this Act isa 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:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

Appointment: 1 January 1983: see SI 1982/933, art 2.

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BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART V MISCELLANEOUS AND SUPPLEMENTARY

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, s. 36 (Eng.)

36 Provisions for reducing statelessness


The provisions of Schedule 2 shall have effect for the purpose of
reducing
statelessness.

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

Appointment: 1 January 1983: see SI 1982/933, art 2.

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BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART V MISCELLANEOUS AND SUPPLEMENTARY

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, s. 37 (Eng.)

37 Commonwealth citizenship


(1) Every person who--

(a) under [the British Nationality Acts 1981 and 1983] [or the British
Overseas Territories Act 2002] 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.

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

Appointment: 1 January 1983: see SI 1982/933, art 2.

Amendment

Sub-s (1): in para (a) words "the British Nationality Acts 1981 and 1983"
in
square brackets substituted by the British Nationality (Falkland Islands)
Act
1983, s 4(3).

Sub-s (1): in para (a) words "or the British Overseas Territories Act
2002"
in square brackets inserted by the British Overseas Territories Act 2002, s
5,
Sch 1, para 4.

Date in force: 21 May 2002: see SI 2002/1252, art 2(a).

Sub-s (1): in para (a) words "British overseas territories citizen" in
square
brackets substituted by the British Overseas Territories Act 2002, s
2(2)(b).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

Sub-s (1): in para (a) words "a British National (Overseas)," in square
brackets inserted by SI 1986/948, art 7.

Modification

Modification: in sub-s (1) reference to the British Nationality Act 1981
modified to include the Hong Kong (British Nationality) Order 1986, by the
Hong
Kong (British Nationality) Order 1986, SI 1986/948, art 7(3).

See Further

See further: the British Nationality (Hong Kong) Act 1990, s 2.

See further: the British Nationality (Hong Kong) Act 1997, s 2.

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BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART V MISCELLANEOUS AND SUPPLEMENTARY

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, s. 38 (Eng.)

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 person 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:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

Appointment: 1 January 1983: see SI 1982/933, art 2.

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BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART V MISCELLANEOUS AND SUPPLEMENTARY

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, s. 39 (Eng.)

39 Amendment of Immigration Act 1971


(1)-(5) . . .

(6) Schedule 4 (which contains further amendments of the Immigration Act
1971) shall have effect.

(7) . . .

(8) A certificate of patriality issued under the Immigration Act 1971 and
in
force immediately before commencement shall have effect after
commencementas if
it were a certificate of entitlement issued under that Act [as in force
after
commencement], unless at commencement the holder ceases to have right of
abode
in the United Kingdom.

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

Appointment: 1 January 1983: see SI 1982/933, art 2.

Amendment

Sub-ss (1), (2), (4): substitute the Immigration Act 1971, s 2, and
insert s
8(5A).

Sub-ss (3), (5): repealed by the Immigration Act 1988, s 3(3).

Sub-s (7): amends the Mental Health Act 1959, s 90, and the Mental Health
(Scotland) Act 1960, s 82; repealed in part by the Mental Health Act 1983,
s
148(3), Sch 6.

Sub-s (8): words in square brackets substituted by the Immigration Act
1988,
s 3(3).

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BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART V MISCELLANEOUS AND SUPPLEMENTARY

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, s. 40 (Eng.)

[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 naturalisationunder 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.]

NOTES:

Amendment

Substituted, together with s 40A for this section as originally enacted,
by
the Nationality, Immigration and Asylum Act 2002, s 4(1); for transitional
provisions see sub-s (4) thereof.

Date in force: 1 April 2003: see SI 2003/754, art 2(1), Sch 1.

See Further

See further, in relation to British Nationals (Overseas) and their
status:
the Hong Kong (British Nationality) Order 1986, SI 1986/948, art 7(11).

See further: the British Nationality (Hong Kong) Act 1990, s 2.

See further: the British Nationality (Hong Kong) Act 1997, s 2.

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BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART V MISCELLANEOUS AND SUPPLEMENTARY

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, s. 40A (Eng.)

[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.]

NOTES:

Amendment

Substituted, together with s 40 for s 40 as originally enacted, by the
Nationality, Immigration and Asylum Act 2002, s 4(1).

Date in force: 1 April 2003: see SI 2003/754, art 2(1), Sch 1.

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BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART V MISCELLANEOUS AND SUPPLEMENTARY

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, s. 41 (Eng.)

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;

[(ba) for determining whether a person has sufficient knowledge of a
language
for the purpose of an application for naturalisation;(bb) for determining
whether a person has sufficient knowledge about life in the United Kingdom
for
the purpose of an application for naturalisation;]

(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;

[(d) for the time within which an obligation to make a citizenship oath
and
pledge at a citizenship ceremony must be satisfied;(da) for the time within
which an obligation to make a citizenship oath or pledge must be
satisfied;(db) for the content and conduct of a citizenship
ceremony;(dc) for
the administration and making of a citizenship oath or pledge;(dd) for the
registration and certification of the making of a citizenship oath or
pledge;(de) for the completion and grant of a certificate of registration
or
naturalisation;]

(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], [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.

[(1A) Regulations under subsection (1)(ba) or (bb) may, in particular--

(a) make provision by reference to possession of a specified
qualification;(b) make provision by reference to possession of a
qualification
of a specified kind;(c) make provision by reference to attendance on a
specified
course;(d) make provision by reference to attendance on a course of a
specified
kind;(e) make provision by reference to a specified level of
achievement;(f) enable a person designated by the Secretary of State to
determine sufficiency of knowledge in specified circumstances;(g) enable
the
Secretary of State to accept a qualification of a specified kind as
evidence of
sufficient knowledge of a language.]

(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 [the making
there
of a citizenship oath or pledge] authorised to be made, granted or taken
[or
granted] 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 [making of oaths and
pledges of
citizenship]; 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.

[(3A) Regulations under subsection (1)(d) to (de) may, in particular--

(a) enable the Secretary of State to designate or authorise a person to
exercise a function (which may include a discretion) in connection with a
citizenship ceremony or a citizenship oath or pledge;(b) require, or enable
the
Secretary of State to require, a local authority to provide specified
facilities
and to make specified arrangements in connection with citizenship
ceremonies;(c) impose, or enable the Secretary of State to impose, a
function
(which may include a discretion) on a local authority or on a registrar.

(3B) In subsection (3A)--

"local authority" means--

(a) in relation to England and Wales, a county council, a county borough
council, a metropolitan district council, a London Borough Council and the
Common Council of the City of London, and(b) in relation to Scotland, a
council
constituted under section 2 of the Local Government etc (Scotland) Act 1994
(c
39), and

"registrar" means--

(a) in relation to England and Wales, a superintendent registrar of
births,
deaths and marriages (or, in accordance with section 8 of the Registration
Service Act 1953 (c 37), a deputy superintendent registrar), and(b) in
relation
to Scotland, a district registrar within the meaning of section 7(12) of
the
Registration of Births, Deaths and Marriages (Scotland) Act 1965 (c 49).]

(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 Act 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.

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

Appointment: 1 January 1983: see SI 1982/933, art 2.

Amendment

Sub-s (1): paras (ba), (bb) inserted by the Nationality, Immigration and
Asylum Act 2002, s 1(3).

Date in force: to be appointed: see the Nationality, Immigration and
Asylum
Act 2002, s 162(1).

Sub-s (1): para (d) substituted, by subsequent paras (d), (da)-(de), by
the
Nationality, Immigration and Asylum Act 2002, s 3, Sch 1, paras 3, 4.

Date in force: to be appointed: see the Nationality, Immigration and
Asylum
Act 2002, s 162(1).

Sub-s (1): in para (f) words "or of the status of a British National
(Overseas)" in square brackets inserted by SI 1986/948, art 7(4)(b).

Sub-s (1): in para (i) words "British overseas territories citizens" in
square brackets substituted by the British Overseas Territories Act 2002, s
2(2)(b).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

Sub-s (1): in para (i) words "British Nationals (Overseas)," in square
brackets inserted by SI 1986/948, art 7(4)(c).

Sub-s (1A): inserted by the Nationality, Immigration and Asylum Act 2002,
s
1(4).

Date in force: to be appointed: see the Nationality, Immigration and
Asylum
Act 2002, s 162(1).

Sub-s (2): in para (a) words from "other than an" to "British National
(Overseas)" in square brackets inserted by SI 1986/948, art 7(4)(d)(i).

Sub-s (2): in para (b) words from "other than registration as a British
National (Overseas)" in square brackets inserted by SI 1986/948, art
7(4)(d)(ii).

Sub-s (2): in para (c) words "the taking there of any oath of allegiance"
in
italics repealed and subsequent words in square brackets substituted by the
Nationality, Immigration and Asylum Act 2002, s 3, Sch 1, paras 3, 5(a).

Date in force: to be appointed: see the Nationality, Immigration and
Asylum
Act 2002, s 162(1).

Sub-s (2): in para (c) words "granted or taken" in italics repealed and
subsequent words in square brackets substituted by the Nationality,
Immigration
and Asylum Act 2002, s 3, Sch 1, paras 3, 5(b).

Date in force: to be appointed: see the Nationality, Immigration and
Asylum
Act 2002, s 162(1).

Sub-s (3): in para (a) words "taking of oaths of allegiance" in italics
repealed and subsequent words in square brackets substituted by the
Nationality,
Immigration and Asylum Act 2002, s 3, Sch 1, paras 3, 6.

Date in force: to be appointed: see the Nationality, Immigration and
Asylum
Act 2002, s 162(1).

Sub-ss (3A), (3B): inserted by the Nationality, Immigration and Asylum
Act
2002, s 3, Sch 1, paras 3, 7.

Date in force: to be appointed: see the Nationality, Immigration and
Asylum
Act 2002, s 162(1).

Modification

Modification: references to the British Nationality Act 1981 modified to
include the Hong Kong (British Nationality) Order 1986, by the Hong Kong
(British Nationality) Order 1986, SI 1986/948, art 7(4).

The Northern Ireland Act 1998 makes new provision for the government of
Northern Ireland for the purpose of implementing the Belfast Agreement (the
agreement reached at multi-party talks on Northern Ireland and set out in
Command Paper 3883). As a consequence of that Act, any reference in this
section
to the Parliament of Northern Ireland or the Assembly established under the
Northern Ireland Assembly Act 1973, s 1,certain office-holders and
Ministers,
and any legislative act and certain financial dealings thereof, shall, for
the
period specified, be construed in accordance with Sch 12, paras 1-11 to the
1998
Act.

See Further

See further: the British Nationality (Hong Kong) Act 1990, s 2.

See further: the British Nationality (Hong Kong) Act 1997, s 2.

Subordinate Legislation

British Nationality (British Overseas Territories) (Amendment)
Regulations
2003, SI 2003/539 (made under sub-ss (1), (3)).

British Nationality (Hong Kong) (Amendment) Regulations 2003, SI 2003/540
(made under sub-s (1)).

British Nationality (General) Regulations 2003, SI 2003/548 (made under
sub-ss (1), (3)).

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BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART V MISCELLANEOUS AND SUPPLEMENTARY

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, s. 42 (Eng.)

42 Registration and naturalisation: general provisions [42 Registration and
naturalisation: citizenship ceremony, oath and pledge]


(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 required 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], [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][, or as a British National
(Overseas),]
or as a British Overseas citizen, or as a British subject, shall be a
citizen of
that description or, as the case may be, [a British National (Overseas) or]
a
British subject as from thedate 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] 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] under any provision of this Act by
virtue
(wholly or partly) of his having a connection with Hong Kong, may not
benaturalised or registered, as the case may be, unless he makes his
application
on or before 31st March 1996.]

[(1) A person of full age shall not be registered under this Act as a
British
citizen unless he has made the relevant citizenship oath and pledge
specified in
Schedule 5 at a citizenship ceremony.(2) A certificate of naturalisation as
a
British citizen shall not be granted under this Act to a person of full age
unless he has made the relevant citizenship oath and pledge specified in
Schedule 5 at a citizenship ceremony.(3) A person of full age shall not be
registered under this Act as a British overseas territories citizen unless
he
has made the relevant citizenship oath and pledge specified in Schedule
5.(4) A
certificate of naturalisation as a British overseas territories citizen
shall
not be granted under this Act to a person of full age unless he has made
the
relevant citizenship oath and pledge specified in Schedule 5.(5) A person
of
full age shall not be registered under this Act as a British Overseas
citizen or
a British subject unless he has made the relevant citizenship oath
specified in
Schedule 5.(6) Where the Secretary of State thinks it appropriate because
of the
special circumstances of a case he may--

(a) disapply any of subsections (1) to (5), or(b) modify the effect of
any of
those subsections.

(7) Sections 5 and 6 of the Oaths Act 1978 (c 19) (affirmation) apply to
a
citizenship oath; and a reference in this Act to a citizenship oath
includes a
reference to a citizenship affirmation.]

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

Appointment: 1 January 1983: see SI 1982/933, art 2.

Amendment

Substituted, together with ss 42A, 42B for this section as originally
enacted, by the Nationality, Immigration and Asylum Act 2002, s 3, Sch 1,
para
1.

Date in force: to be appointed: see the Nationality, Immigration and
Asylum
Act 2002, s 162(1).

Sub-s (2): in para (b) words "British overseas territories citizen" in
square
brackets substituted by the British Overseas Territories Act 2002, s
2(2)(b).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

Sub-s (2): in para (b) words "a British National (Overseas)," inserted by
SI
1948/948, art 7(5)(a).

Sub-s (4): words "British overseas territories citizen" in square
brackets
substituted by the British Overseas Territories Act 2002, s 2(2)(b).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

Sub-s (4): words ", or as a British National (Overseas)," in square
brackets
inserted by SI 1986/948, art 7(5)(b)(ii).

Sub-s (4): words "a British National (Overseas) or" in square brackets
inserted by SI 1986/948, art 7(5)(b)(iii).

Sub-s (5): words "British overseas territories citizen" in square
brackets
substituted by the British Overseas Territories Act 2002, s 2(2)(b).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

Sub-s (6): inserted by SI 1993/1795, art 3.

Sub-s (6): words "British overseas territories citizen" in square
brackets
substituted by the British Overseas Territories Act 2002, s 2(2)(b).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

See Further

See further: the British Nationality (Hong Kong) Act 1990, s 2.

See further, in relation to citizens of Mauritius: the Mauritius Republic
Act
1992, s 1.

See further: the British Nationality (Hong Kong) Act 1997, s 2.

49 of 113 DOCUMENTS

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*** THIS DOCUMENT IS CURRENT THROUGH 2 APRIL, 2003 ***

BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART V MISCELLANEOUS AND SUPPLEMENTARY

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, s. 42A (Eng.)

[42A Registration and naturalisation: fee]


[(1) A person shall not be registered under a provision of this Act as a
citizen of any description or as a British subject unless any fee payable
by
virtue of this Act in connection with the registration has been paid.(2) A
certificate of naturalisation shall not be granted to a person under a
provision
of this Act unless any fee payable by virtue of this Act in connection with
the
grant of the certificate has been paid.]

NOTES:

Amendment

Substituted, together with ss 42, 42B for s 40 as originally enacted, by
the
Nationality, Immigration and Asylum Act 2002, s 3, Sch 1, para 1.

Date in force: to be appointed: see the Nationality, Immigration and
Asylum
Act 2002, s 162(1).

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BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART V MISCELLANEOUS AND SUPPLEMENTARY

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, s. 42B (Eng.)

[42B Registration and naturalisation: timing]


[(1) A person who is registered under this Act as a citizen of any
description or as a British subject shall be treated as having become a
citizen
or subject--

(a) immediately on making the required citizenship oath and pledge in
accordance with section 42, or(b) where the requirement for an oath and
pledge
is disapplied, immediately on registration.

(2) A person granted a certificate of naturalisation under this Act as a
citizen of any description shall be treated as having become a citizen--

(a) immediately on making the required citizenship oath and pledge in
accordance with section 42, or(b) where the requirement for an oath and
pledge
is disapplied, immediately on the grant of the certificate.

(3) In the application of subsection (1) to registration as a British
Overseas citizen or as a British subject the reference to the citizenship
oath
and pledge shall be taken as a reference to the citizenship oath.]

NOTES:

Amendment

Substituted, together with ss 42, 42A for s 42 as originally enacted, by
the
Nationality, Immigration and Asylum Act 2002, s 3, Sch 1, para 1.

Date in force: to be appointed: see the Nationality, Immigration and
Asylum
Act 2002, s 162(1).

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BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART V MISCELLANEOUS AND SUPPLEMENTARY

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, s. 43 (Eng.)

43 Exercise of functions of Secretary of State by Governors and others


(1) Subject to subsection (3), theSecretary 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] or [British overseas
territories citizenship] [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]

[(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.

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

Appointment: 1 January 1983: see SI 1982/933, art 2.

Amendment

Sub-s (1): in para (b) words "British overseas territory" in square
brackets
substituted by the British Overseas Territories Act 2002, s 1(1)(b).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

Sub-s (1): in para (b) words omitted repealed by the British Overseas
Territories Act 2002, s 7, Sch 2.

Date in force: this repeal came into force on 26 February 2002 (date of
Royal
Assent of the British Overseas Territories Act 2002) in the absence of any
specific commencement provision.

Sub-s (1): in para (b) words "British overseas territories citizens" in
square brackets substituted by the British Overseas Territories Act 2002, s
2(2)(b).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

Sub-s (1): in para (b) words "British overseas territories citizenship"
in
square brackets substituted by the British Overseas Territories Act 2002, s
2(2)(a).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

Sub-s (1): in para (b) words from "and in cases" to "British National
(Overseas)" in square brackets inserted by SI 1986/948, art 7(6)(b).

Sub-s (2): in para (b) words "British overseas territories citizenship"
in
square brackets substituted by the British Overseas Territories Act 2002, s
2(2)(a).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

Sub-s (2): para (c) inserted by SI 1986/948, art 7.

Modification

Modification: references to the British Nationality Act 1981 modified to
include the Hong Kong (British Nationality) Order 1986, by the Hong Kong
(British Nationality) Order 1986, SI 1986/948, art 7(6).

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BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART V MISCELLANEOUS AND SUPPLEMENTARY

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, s. 44 (Eng.)

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 beexercised without regard to the
race,
colour or religion of any person who may be affected by its exercise.

(2) . . .

(3) . . .

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

Appointment: 1 January 1983: see SI 1982/933, art 2.

Amendment

Sub-ss (2), (3): repealed by the Nationality, Immigration and Asylum Act
2002, ss 7(1), 161, Sch 9.

Date in force: 7 November 2002: see the Nationality, Immigration and
Asylum
Act 2002, s 162(2)(b).

See Further

See further: the British Nationality (Hong Kong) Act 1990, s 2.

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BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART V MISCELLANEOUS AND SUPPLEMENTARY

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, s. 45 (Eng.)

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
provided, 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:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

Appointment: 1 January 1983: see SI 1982/933, art 2.

Modification

Modification: references to the British Nationality Act 1981 modified to
include the Hong Kong (British Nationality) Order 1986, by the Hong Kong
(British Nationality) Order 1986, SI 1986/948, art 7(7).

See Further

See further: the British Nationality (Hong Kong) Act 1990, s 2.

See further: the British Nationality (Hong Kong) Act 1997, s 2.

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BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART V MISCELLANEOUS AND SUPPLEMENTARY

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, s. 46 (Eng.)

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], or both.

(2) Any person who without reasonable excuse fails to comply with any
requirement imposed on him by regulationsmade 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].

(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 dateon
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 madewithin
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:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

Appointment: 1 January 1983: see SI 1982/933, art 2.

Amendment

Sub-ss (1), (2): maximum fines converted to a level on the standard scale
by
the Criminal Justice Act 1982, ss 37, 46.

Modification

Modification: in sub-s (1) reference to the British Nationality Act 1981
modified to include the Hong Kong (BritishNationality) Order 1986, by the
Hong
Kong (British Nationality) Order 1986, SI 1986/948, art 7(7).

Transfer of Functions

By virtue of the Scotland Act 1998, s 44(1)(c), the Lord Advocate ceased,
on
20 May 1999 (see SI 1998/3178), to be a Minister of the Crown and became a
member of the Scottish Executive. Accordingly, certain functions of the
Lord
Advocate are transferred to the Secretary of State (or as the case may be
the
Secretary of State for Scotland), or the Advocate General for Scotland: see
the
Transfer of Functions (Lord Advocate and Secretary of State) Order 1999, SI
1999/678 and the Transfer of Functions (Lord Advocate and Advocate General
for
Scotland) Order 1999, SI 1999/679.

See Further

See further: the British Nationality (Hong Kong) Act 1990, s 2.

See further: the British Nationality (Hong Kong) Act 1997, s 2.

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BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART V MISCELLANEOUS AND SUPPLEMENTARY

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, s. 47 (Eng.)

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:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

Appointment: 1 January 1983: see SI 1982/933, art 2.

Amendment

Repealed by the Nationality, Immigration and Asylum Act 2002, ss 9(4),
161,
Sch 9.

Date in force: to be appointed: see the Nationality, Immigration and
Asylum
Act 2002, s 162(1); for effect see sub-s (5) thereof.

Modification

Modification: references to the British Nationality Act 1981 modified to
include the Hong Kong (British Nationality) Order 1986, by the Hong Kong
(British Nationality) Order 1986, SI 1986/948, art 7(7).

See Further

See further: the British Nationality (Hong Kong) Act 1990, s 2.

See further: the British Nationality (Hong Kong) Act 1997, s 2.

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BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART V MISCELLANEOUS AND SUPPLEMENTARY

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, s. 48 (Eng.)

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:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

Appointment: 1 January 1983: see SI 1982/933, art 2.

Modification

Modification: references to the British Nationality Act 1981 modified to
include the Hong Kong (British Nationality) Order 1986, by the Hong Kong
(British Nationality) Order 1986, SI 1986/948, art 7(7).

See Further

See further: the British Nationality (Hong Kong) Act 1990, s 2.

See further: the British Nationality (Hong Kong) Act 1997, s 2.

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BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART V MISCELLANEOUS AND SUPPLEMENTARY

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, s. 49 (Eng.)

49 . . .


. . .

NOTES:

Amendment

Repealed by the British Nationality Act 1981, s 52(8), Sch 9.

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BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART V MISCELLANEOUS AND SUPPLEMENTARY

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, s. 50 (Eng.)

50 Interpretation


(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
person 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;

["Convention adoption" means an adoption effected under the law of a
country
or territory in which the Convention is in force, and certified in
pursuance of
Article 23(1) of the Convention;]

"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];

. . .

["designated territory" means a qualifying territory, or the Sovereign
Base
Areas of Akrotiri and Dhekelia, which is designated by Her Majesty by Order
in
Council under subsection (14);]

"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 the 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 theformer 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 beingfor
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 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 ofState; 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 the time, and
irrespective of whether or where it was then registered.

[(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.]

(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 purposes 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.

[(9) For the purposes of this Act a child's mother is the woman who gives
birth to the child.(9A) For the purposes of this Act a child's father is--

(a) the husband, at the time of the child's birth, of the woman who gives
birth to the child, or(b) where a person is treated as the father of the
child
under section 28 of the Human Fertilisation and Embryology Act 1990 (c 37)
(father), that person, or(c) where neither paragraph (a) nor paragraph (b)
applies, any person who satisfies prescribed requirements as to proof of
paternity.

(9B) In subsection (9A)(c) "prescribed" means prescribed by regulations
of
the Secretary of State; and the regulations--

(a) may confer a function (which may be a discretionary function) on the
Secretary of State or another person,(b) may make provision which applies
generally or only in specified circumstances,(c) may make different
provision
for different circumstances,(d) must be made by statutory instrument,
and(e) shall be subject to annulment in pursuance of a resolution of either
House of Parliament.

(9C) The expressions "parent", "child" and "descended" shall be construed
in
accordance with subsections (9) and (9A).]

(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.

[(14) For the purposes of the definition of "designated territory" in
subsection (1), an Order in Council may--

(a) designate any qualifying territory, or the Sovereign Base Areas of
Akrotiri and Dhekelia, if the Convention is in force there, and(b) make
different designations for the purposes of section 1 and section 15;

and, for the purposes of this subsection and the definition of
"Convention
adoption" in subsection (1), "the Convention" means the Convention on the
Protection of Children and Co-operation in respect of Intercountry
Adoption,
concluded at the Hague on 29th May 1993.

An Order in Council under this subsection shall be subject to annulment
in
pursuance of a resolution of either House of Parliament.]

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

Appointment: 1 January 1983: see SI 1982/933, art 2.

Amendment

Sub-s (1): definition "appointed day" inserted by the British Overseas
Territories Act 2002, s 5, Sch 1, para 5(1), (2).

Date in force: 21 May 2002: see SI 2002/1252, art 2(a).

Sub-s (1): definitions "British National (Overseas)" and "British
Overseas
citizen" inserted by SI 1986/948, art 7.

Sub-s (1): definition "British overseas territory" inserted by the
British
Overseas Territories Act 2002, s 1(1)(a).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

Sub-s (1): definition "Convention adoption" inserted by the Adoption and
Children Act 2002, s 137(3), (6)(a).

Date in force: to be appointed: see the Adoption and Children Act 2002, s
148(1), (2).

Sub-s (1): in definition "Crown service under the government of the
United
Kingdom" words "or under the Scottish Administration" in square brackets
inserted by SI 1999/1042, art 3, Sch 1, para 10.

Date in force: 6 May 1999: see SI 1999/1042, art 1(2)(a).

Sub-s (1): definition "dependent territory" (omitted) repealed by the
British
Overseas Territories Act 2002, s 7, Sch 2.

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

Sub-s (1): definition "designated territory" inserted by the Adoption and
Children Act 2002, s 137(3), (6)(b).

Date in force: to be appointed: see the Adoption and Children Act 2002, s
148(1), (2).

Sub-s (1): in definitions "foreign country", "Governor" and "immigration
laws" words "British overseas territory" in square brackets substituted by
the
British Overseas Territories Act 2002, s 1(1)(b).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

Sub-s (1): definition "qualifying territory" inserted by the British
Overseas
Territories Act 2002, s 5, Sch 1, para 5(1), (2).

Date in force: 21 May 2002: see SI 2002/1252, art 2(a).

Sub-s (2): words "British overseas territory" in square brackets
substituted
the British Overseas Territories Act 2002, s 1(1)(b).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

Sub-s (3): in para (b) words "British overseas territory" in square
brackets
substituted by the British Overseas Territories Act 2002, s 1(1)(b).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

Sub-s (5): words "British overseas territory" in square brackets
substituted
by the British Overseas Territories Act 2002, s 1(1)(b).

Date in force: this amendment came into force on 26 February 2002: (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

Sub-s (6): words "British overseas territory" in square brackets in both
places they occur substituted by the British Overseas Territories Act 2002,
s
1(1)(b).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

Sub-ss (7A), (7B): substituted, for sub-s (7) proviso as originally
enacted,
by the British Overseas Territories Act 2002, s 5, Sch 1, para 5(1), (3).

Date in force: 21 May 2002: see SI 2002/1252, art 2(a).

Sub-s (9): substituted, by subsequent sub-ss (9), (9A)-(9C), by the
Nationality, Immigration and Asylum Act 2002, s 9(1).

Date in force: to be appointed: see the Nationality, Immigration and
Asylum
Act 2002, s 162(1); for effect see sub-s (5) thereof.

Sub-s (10): in para (b) words "British overseas territory" and "British
overseas territories" in square brackets substituted by the British
Overseas
Territories Act 2002, s 1(1)(b).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

Sub-s (14): inserted by the Adoption and Children Act 2002, s 137(3),
(7).

Date in force: to be appointed: see the Adoption and Children Act 2002, s
148(1), (2).

Modification

The Northern Ireland Act 1998 makes new provision for the government of
Northern Ireland for the purpose of implementing the Belfast Agreement (the
agreement reached at multi-party talks on Northern Ireland and set out in
Command Paper 3883). As a consequence of that Act, any reference in this
section
to the Parliament of Northern Ireland or the Assembly established under the
Northern Ireland Assembly Act 1973, s 1, certain office-holders and
Ministers,
and any legislative act and certain financial dealings thereof, shall, for
the
period specified, be construed in accordance with Sch 12, paras 1-11 to the
1998
Act.

See Further

See further: the British Nationality (Hong Kong) Act 1990, s 2.

See further: the British Nationality (Hong Kong) Act 1997, s 2.

See further, in relation to the construction of the reference to being in
the
United Kingdom "in breach of the immigration laws" in sub-s (5) above: the
Nationality, Immigration and Asylum Act 2002, s 11.

Subordinate Legislation

British Nationality Act 1981 (Amendment of Schedule 6) Order 2001, SI
2001/3497 (made under sub-s (13)).

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BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART V MISCELLANEOUS AND SUPPLEMENTARY

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, s. 51 (Eng.)

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] is a British citizen, a [British overseas territories
citizen] or 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.

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

Appointment: 1 January 1983: see SI 1982/933, art 2.

Amendment

Sub-s (3): in para (a)(ii) words "the British Nationality Acts 1981 and
1983"
in square brackets substituted by the British Nationality (Falkland
Islands) Act
1983, s 4(3).

Sub-s (3): in para (a)(ii) words "or the British Overseas Territories Act
2002" in square brackets inserted by the British Overseas Territories Act
2002,
s 5, Sch 1, para 6.

Date in force: 21 May 2002: see SI 2002/1252, art 2(a).

Sub-s (3): words "British overseas territories citizen" in square
brackets in
both places they occur substituted by the British Overseas Territories Act
2002,
s 1(1)(b).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

Sub-s (3): in para (a)(ii) words "or who under the Hong Kong (British
Nationality) Order 1986 is a British National (Overseas)" in square
brackets
inserted by SI 1986/948, art 7.

See Further

See further: the British Nationality (Hong Kong) Act 1997, s 2.

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BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART V MISCELLANEOUS AND SUPPLEMENTARY

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, s. 52 (Eng.)

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 3to 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) The enactments specified in Schedule 7 shall have effect subject to
the
amendments there specified, being amendments consequential on the
provisions of
this Act.

(7) This Act shall have effect subject to the transitional provisions
contained in Schedule 8.

(8) The enactments mentioned in Schedule 9 are hereby repealed to the
extent
specified in the third column of that Schedule.

(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:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

Appointment: 1 January 1983: see SI 1982/933, art 2.

Modification

The Northern Ireland Act 1998 makes new provision for the government of
Northern Ireland for the purpose of implementing the Belfast Agreement (the
agreement reached at multi-party talks on Northern Ireland and set out in
Command Paper 3883). As a consequence of that Act, any reference in
thissection
to the Parliament of Northern Ireland or the Assembly established under the
Northern Ireland Assembly Act 1973, s 1, certain office-holders and
Ministers,
and any legislative act and certain financial dealings thereof, shall, for
the
period specified, be construed in accordance with Sch 12, paras 1-11 to the
1998
Act.

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BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART V MISCELLANEOUS AND SUPPLEMENTARY

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, s. 53 (Eng.)

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 tothe 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]; 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.

(6) . . .

(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.

NOTES:

Initial Commencement

Royal Assent

Royal Assent: 30 October 1981: see sub-s (3) above.

Amendment

Sub-s (5): words "British overseas territories" in square brackets
substituted by the British Overseas Territories Act 2002, s 1(1)(b).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

Sub-s (6): repealed by the Statute Law (Repeals) Act 1995.

Sub-s (7): words omitted repealed by the Statute Law (Repeals) Act 1995.

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BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

SCHEDULE 1 REQUIREMENTS FOR NATURALISATION

Sections 6, 18

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, Sch. 1 (Eng.)

SCHEDULE 1 Requirements for Naturalisation

Naturalisation as a British citizen under section 6(1)

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

[(ca) that he has sufficient knowledge about life in the United Kingdom;
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 serviceunder the government of the United Kingdom.

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)
[either or both of the requirements specified in paragraph 1(1)(c) and
(ca)] 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 [expect him to fulfil
that
requirement or those requirements].
Naturalisation as a British citizen under section 6(2)

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) [requirements
specified in
paragraph 1(1)(b), (c) and (ca)].

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".
Naturalisation as a [British overseas territories citizen] under section
18(1)

5

(1) Subject to paragraph 6, the requirements for naturalisation as a
[British
overseas territories citizen] 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 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] 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.

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.
Naturalisation as a [British overseas territories citizen] under section
18(2)

7

Subject to paragraph 8. the requirements for naturalisation as a [British
overseas territories citizen] 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) [requirements
specified in
paragraph 5(1)(b) and (c)].

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), and 5(2)(b) and 5(2)(d) shall
be
read as references to paragraph 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]".
Periods to be treated as periods of absence from U.K. or a [British
overseas
territory]

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 soentitled;

(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
ofan
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
absentwithout 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 ofthis Schedule a person shall (subject to paragraph
6(b)) be treated as having been absent from any particular [British
overseas
territory] 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.
Interpretation

10

In this Schedule "the relevant territory" has the meaning given by
section
18(3).

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

Appointment: 1 January 1983: see SI 1982/933, art 2.

Amendment

Para 1: sub-para (1)(ca) inserted by the Nationality, Immigration and
Asylum
Act 2002, s 1(1).

Date in force: to be appointed: see the Nationality, Immigration and
Asylum
Act 2002, s 162(1).

Para 2: in sub-para (e) words "the requirement specified in paragraph
1(1)(c)" in italics repealed and subsequent words in square brackets
substituted
by the Nationality, Immigration and Asylum Act 2002, s 1(2)(a).

Date in force: to be appointed: see the Nationality, Immigration and
Asylum
Act 2002, s 162(1).

Para 2: in sub-para (e) words "expect him to fulfil it" in italics
repealed
and subsequent words in square brackets substituted by the Nationality,
Immigration and Asylum Act 2002, s 1(2)(b).

Date in force: to be appointed: see the Nationality, Immigration and
Asylum
Act 2002, s 162(1).

Para 3: in sub-para (e) words "requirement specified in paragraph
1(1)(b)" in
italics repealed and subsequent words in square brackets substituted by the
Nationality, Immigration and Asylum Act 2002, s 2(1)(a).

Date in force: to be appointed: see the Nationality, Immigration and
Asylum
Act 2002, s 162(1).

Para 4: in sub-para (c) words "and (e)" in italics repealed by the
Nationality, Immigration and Asylum Act 2002, ss 2(1)(b), 161, Sch 9.

Date in force: to be appointed: see the Nationality, Immigration and
Asylum
Act 2002, s 162(1).

Para 5 heading: words "British overseas territories citizen" in square
brackets substituted by the British Overseas Territories Act 2002, s
2(2)(b).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

Para 5: words "British overseas territories citizen" in square brackets
in
both places they occur substituted by the British Overseas Territories Act
2002,
s 2(2)(b).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

Para 7 heading: words "British overseas territories citizen" in square
brackets substituted by the British Overseas Territories Act 2002, s
2(2)(b).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

Para 7: words "British overseas territories citizen" in square brackets
substituted by the British Overseas Territories Act 2002, s 2(2)(b).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

Para 7: in sub-para (e) words "requirement specified in paragraph
5(1)(b)" in
italics repealed and subsequent words in square brackets substituted by the
Nationality, Immigration and Asylum Act 2002, s 2(2)(a).

Date in force: to be appointed: see the Nationality, Immigration and
Asylum
Act 2002, s 162(1).

Para 8: in sub-para (c) words "and (e)" in italics repealed by the
Nationality, Immigration and Asylum Act 2002, ss 2(2)(b), 161, Sch 9.

Date in force: to be appointed: see the Nationality, Immigration and
Asylum
Act 2002, s 162(1).

Para 8: words "British overseas territory" in square brackets substituted
by
the British Overseas Territories Act 2002, s 1(1)(b).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

Para 9 heading: words "British overseas territory" in square brackets
substituted by the British Overseas Territories Act 2002, s 1(1)(b).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

Para 9: in sub-para (1)(b)(ii) words "Part III of the Mental Health Act
1983"
in square brackets substituted by the Mental Health Act 1983, s 148, Sch 4,
para
60(a).

Para 9: in sub-para (1)(b)(ii) words "(Northern Ireland) Order 1986" in
square brackets substituted by SI 1986/596, art 8.

Para 9: in sub-para (2) words "British overseas territory" in square
brackets
substituted by the British Overseas Territories Act 2002, s 1(1)(b).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

Para 9: in sub-para (2)(b)(ii) words "Part III of the Mental Health Act
1983"
in square brackets substituted by the Mental Health Act 1983, s 148, Sch 4,
para
60(b).

See Further

See further, in relation to the construction of references to being in
the
United Kingdom "in breach of the immigration laws" in paras 1(2)(d), 2(d),
3(d),
5(2)(d), 6(d), 7(d) above: the Nationality, Immigration and Asylum Act
2002, s
11.

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BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

SCHEDULE 2 PROVISIONS FOR REDUCING STATELESSNESS

Section 36

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, Sch. 2 (Eng.)

SCHEDULE 2 Provisions for Reducing Statelessness

Persons born in the United Kingdom after commencement

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], 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).
Persons born in a [British overseas territory] after commencement

2

(1) Where a person born in a [British overseas territory] 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).
Persons born in the United Kingdom or a [British overseas territory] after
commencement

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 . . . 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.
Persons born outside the United Kingdom and the [British overseas
territories]
after commencement

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], a British Overseas
citizen
and a British subject under this Act.
Persons born stateless before commencement

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 toregistration 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.
Supplementary

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.

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

Appointment: 1 January 1983: see SI 1982/933, art 2.

Amendment

Para 1: in sub-para (1)(b) words "he is born legitimate and" in italics
repealed by the Nationality, Immigration and Asylum Act 2002, ss 9(5)(a),
161,
Sch 9.

Date in force: to be appointed: see the Nationality, Immigration and
Asylum
Act 2002, s 162(1); for effect see sub-s (5) thereof.

Para 1: in sub-para (2) words "British overseas territories citizen" in
square brackets substituted by the British Overseas Territories Act 2002, s
2(2)(b).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

Para 2 heading: words "British overseas territory" in square brackets
substituted by the British Overseas Territories Act 2002, s 1(1)(b).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

Para 2: in sub-para (1) words "British overseas territory" in square
brackets
substituted by the British Overseas Territories Act 2002, s 1(1)(b).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

Para 2: in sub-para (1)(b) words "he is born legitimate and" in italics
repealed by the Nationality, Immigration and Asylum Act 2002, ss 9(5)(b),
161,
Sch 9.

Date in force: to be appointed: see the Nationality, Immigration and
Asylum
Act 2002, s 162(1); for effect see sub-s (5) thereof.

Para 3 heading: words "British overseas territory" in square brackets
substituted by the British Overseas Territories Act 2002, s 1(1)(b).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

Para 3: words "British overseas territory" and "British overseas
territories"
in square brackets in each place they occur substituted by the British
Overseas
Territories Act 2002, s 1(1)(b).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assentof the British Overseas Territories Act 2002) in the absence of
any
specific commencement provision.

Para 3: in sub-para (1)(b) words omitted repealed by the Nationality,
Immigration and Asylum Act 2002, ss 8, 161, Sch 9.

Date in force: 1 April 2003 (in relation to an application made on or
after
that date, and an application made, but not determined, before that date):
see
the Nationality, Immigration and Asylum Act 2002, s 162(4) and SI 2003/754,
art
2(2).

Para 4 heading: words "British overseas territories" in square brackets
substituted by the British Overseas Territories Act 2002, s 1(1)(b).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

Para 4: words "British overseas territory" and words "British overseas
territories" in both places they occur in square brackets substituted by
the
British Overseas Territories Act 2002, s 1(1)(b).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

Para 4: in sub-para (4) words "British overseas territories citizen" in
square brackets substituted by the British Overseas Territories Act 2002, s
2(2)(b).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

Para 6: words "British overseas territories" in square brackets
substituted
by the British Overseas Territories Act 2002, s 1(1)(b).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

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BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

SCHEDULE 3 COUNTRIES WHOSE CITIZENS ARE COMMONWEALTH CITIZENS

Section 37

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, Sch. 3 (Eng.)

SCHEDULE 3 Countries Whose Citizens are Commonwealth Citizens


Antigua and Barbuda

Australia

The Bahamas

Bangladesh

Barbados

Belize

Botswana

[Brunei]

[Cameroon]

Canada

Republic of Cyprus

Dominica

Fiji

The Gambia

Ghana

Grenada

Guyana

India

Jamaica

Kenya

Kiribati

Lesotho

Malawi

Malaysia

[Maldives]

Malta

Mauritius

[Mozambique]

[Namibia]

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

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

Appointment: 1 January 1983: see SI 1982/933, art 2.

Amendment

Entry "Brunei" inserted by SI 1983/1699, art 3.

Entry "Cameroon" inserted by SI 1998/3161, art 2.

Date in force: 25 January 1999: see SI 1998/3161, art 1.

Entry "Maldives" inserted by the Brunei and Maldives Act 1985, s 1,
Schedule.

Entry "Mozambique" inserted by SI 1998/3161, art 2.

Date in force: 25 January 1999: see SI 1998/3161, art 1.

Entry "Namibia" inserted by SI 1990/1502, art 2.

Entry "Pakistan" inserted by SI 1989/1331, art 2.

Entry "Saint Christopher and Nevis" inserted by SI 1983/882, art 2.

Entry "South Africa" inserted by SI 1994/1634, art 2.

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BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

SCHEDULE 4 AMENDMENTS OF IMMIGRATION ACT 1971

Section 39(6)

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, Sch. 4 (Eng.)

SCHEDULE 4 Amendments of Immigration Act 1971


...

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

Appointment: 1 January 1983: see SI 1982/933, art 2.

Amendment

This Schedule amends the Immigration Act 1971, ss 3-6, 8, 9, 13, 14, 22,
24-26, 29, 33, Schs 2, 4.

Repealed in part by the Nationality, Immigration and Asylum Act 2002, s
161,
Sch 9.

Date in force: 1 April 2003: see SI 2003/754, art 2(1), Sch 1.

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BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

SCHEDULE 5 FORM OF OATH OF ALLEGIANCE [SCHEDULE 5 CITIZENSHIP OATH AND
PLEDGE]

Section 42(1) [Section 42(1)]

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, Sch. 5 (Eng.)

SCHEDULE 5 Form of Oath of Allegiance [SCHEDULE 5 Citizenship Oath and
Pledge]


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]""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.

[1

The form of citizenship oath and pledge is as follows for registration of
or
naturalisation as a British citizen--Oath"I, [name], swear by Almighty God
that,
on becoming a British citizen, I will be faithful and bear true allegiance
to
Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according
to
law."Pledge"I will give my loyalty to the United Kingdom and respect its
rights
and freedoms. I will uphold its democratic values. I will observe its laws
faithfully and fulfil my duties and obligations as a British citizen."

2

The form of citizenship oath and pledge is as follows for registration of
or
naturalisation as a British overseas territories citizen--Oath"I, [name],
swear
by Almighty God that, on becoming a British overseas territories citizen, I
will
be faithful and bear true allegiance to Her Majesty Queen Elizabeth the
Second,
Her Heirs and Successors according to law."Pledge"I will give my loyalty to
[name of territory] and respect its rights and freedoms. I will uphold its
democratic values. I will observe its laws faithfully and fulfil my duties
and
obligations as a British overseas territories citizen."

3

The form of citizenship oath is as follows for registration of a British
Overseas citizen--I, [name], swear by Almighty God that, on becoming a
British
Overseas citizen, I will be faithful and bear true allegiance to Her
Majesty
Queen Elizabeth the Second, Her Heirs and Successors according to law."

4

The form of citizenship oath is as follows for registration of a British
subject--"I, [name], swear by Almighty God that, on becoming a British
subject,
I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth
the
Second, Her Heirs and Successors according to law.".]

NOTES:

Amendment

Substituted by the Nationality, Immigration and Asylum Act 2002, s 3, Sch
1,
para 2.

Date in force: to be appointed: see the Nationality, Immigration and
Asylum
Act 2002, s 162(1).

Amendment

Substituted by the Nationality, Immigration and Asylum Act 2002, s 3, Sch
1,
para 2.

Date in force: to be appointed: see the Nationality, Immigration and
Asylum
Act 2002, s 162(1).

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

Appointment: 1 January 1983: see SI 1982/933, art 2.

Amendment

Substituted by the Nationality, Immigration and Asylum Act 2002, s 3, Sch
1,
para 2.

Date in force: to be appointed: see the Nationality, Immigration and
Asylum
Act 2002, s 162(1).

Words "British overseas territories citizen" in square brackets
substituted
by the British Overseas Territories Act 2002, s 2(2)(b).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British OverseasTerritories Act 2002) in the absence of
any
specific commencement provision.

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BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

SCHEDULE 6 [BRITISH OVERSEAS TERRITORIES]

Section 50(1)

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, Sch. 6 (Eng.)

SCHEDULE 6 [British Overseas Territories]


Anguilla

Bermuda

British Antarctic Territory

British Indian Ocean Territory

Cayman Islands

Falkland Islands . . .

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.

NOTES:

Amendment

Schedule heading: "British Overseas Territories" in square brackets
substituted by the British Overseas Territories Act 2002, s 1(1)(c).

Date in force: this amendment came into force on 26 February 2002 (date
of
Royal Assent of the British Overseas Territories Act 2002) in the absence
of any
specific commencement provision.

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

Appointment: 1 January 1983: see SI 1982/933, art 2.

Amendment

Entry "Falkland Islands": words omitted repealed by SI 2001/3497, art
2(a).

Date in force: 4 December 2001: see SI 2001/3497, art 1(2).

First entry omitted repealed by SI 1986/948, art 5.

Second entry omitted repealed by SI 1983/882, art 2.

Entry "South Georgia and the South Sandwich Islands" inserted by SI
2001/3497, art 2(b).

Date in force: 4 December 2001: see SI 2001/3497, art 1(2).

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BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

SCHEDULE 7 CONSEQUENTIAL AMENDMENTS

Section 52(6)

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, Sch. 7 (Eng.)

SCHEDULE 7 Consequential Amendments


. . .

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

Appointment: 1 January 1983: see SI 1982/933, art 2.

Amendment

This Schedule contains amendments only.

Repealed in part by the Civil Aviation Act 1982, s 109, Sch 16, the
Aviation
Security Act 1982, s 40, Sch 3, the Income and Corporation Taxes Act 1988,
s
844(4), Sch 31, the Extradition Act 1989, s 37(1), Sch 2, the Antarctic Act
1994, s 33, Schedule andthe Defamation Act 1996, s 16, Sch 2.

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BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

SCHEDULE 8 TRANSITIONAL PROVISIONS

Section 52(7)

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, Sch. 8 (Eng.)

SCHEDULE 8 Transitional Provisions

Applications for naturalisation or registration pending at commencement

1

(1) This paragraph applies to any application--

(a) for registration under any provision of the British Nationality Acts
1948
to 1965 as a citizen of the United Kingdom and Colonies or as a British
subject;
or

(b) for a certificate of naturalisation under section 10 of the 1948 Act,

which is received before commencement by a person authorised to receive
it on
behalf of the person to whom it is made but which at commencement has not
been
determined.

(2) In relation to any application to which this paragraph applies--

(a) the British Nationality Acts 1948 to 1965 and all regulations and
arrangements in force under them immediately before commencement shall (so
far
as applicable) continue to apply; and

(b) this Act shall not apply;

but on the granting of such an application and the taking under those
Acts of
such other steps as are necessary for the person in question to become--

(i) a citizen of the United Kingdom and Colonies by virtue of any
provision
of those Acts; or

(ii) a British subject by virtue of registration under any provision of
those
Acts,

that person, instead of becoming a citizen or subject of that
description,
shall become under this Act such a citizen or subject as he would have
become at
commencement if, immediately before commencement, he had been such a
citizen or
subject as is mentioned in paragraph (i) or (ii), as the case may be.

(3) Sub-paragraph (2) shall have effect as if the references in it to the
British Nationality Acts 1948 to 1965 did, and as if the reference in
paragraph
(b) of it to this Act did not, include section 49 of this Act.

2

Where a person who has been registered orto whom a certificate of
naturalisation has been granted before the passing of this Act has at
commencement not yet taken the oath of allegiance, paragraph 1(2) shall
apply as
if the application on which he was registered or the certificate was
granted
were an application to which paragraph 1 applies.
Registration at U.K. consulate, after commencement, of certain births
occurring
in foreign countries less than a year before commencement

3

(1) This paragraph applies to a person born less than a year before
commencement if--

(a) the birth occurred in a place in a foreign country (within the
meaning of
the 1948 Act); and

(b) at the time of the birth his father was a citizen of the United
Kingdom
and Colonies by descent only; and

(c) the birth was not registered at a United Kingdom consulate before
commencement.

(2) If the birth of a person to whom this paragraph applies is registered
at
a United Kingdom consulate within one year of its occurrence, he shall be
deemed
for the purposes of this Act to have been, immediately before commencement,
a
citizen of the United Kingdom and Colonies by virtue of section 5 of the
1948
Act (citizenship by descent).

(3) References in this paragraph to the 1948 Act are references to that
Act
as in force at the time of the birth in question.
Declarations by certain persons who by virtue of an Order in Council under
section 4 of the Cyprus Act 1960 have ceased to be citizens of the United
Kingdom and Colonies

4

(1) Where--

(a) a person has before commencement duly made a declaration under
section
4(2) of the Cyprus Act 1960 of his intention to resume citizenship of the
United
Kingdom and Colonies; but

(b) at commencement the declaration has not been registered,

the Secretary of State shall cause the declaration to be registered.

(2) If--

(a) a person who in consequence of anything done before he attained the
age
of sixteen years ceased by virtue of an Order in Council under section 4 of
the
Cyprus Act 1960 to be a citizen of the United Kingdom and Colonies makes,
in
such a manner as the Secretary of State may direct, a declaration of his
intention to accept the citizenship available to him under this paragraph;
and

(b) the declaration is made by him after commencement and within one year
after his attaining the age of twenty-one years,

the Secretary of State shall cause the declaration to be registered.

(3) On the registration under sub-paragraph (1) or (2) of any such
declaration as is there mentioned the person who made it shall become under
this
Act such a citizen as he would have become at commencement if, immediately
before commencement, he had been a citizen of the United Kingdom and
Colonies by
virtue of section 4(2) of the Cyprus Act 1960.
Applications for certificates of patriality pending at commencement

5

Any application for a certificate of patriality under the Immigration Act
1971 duly made but not determined before commencement shall be treated as
if it
were an application for a certificate of entitlement under that Act as
amended
by this Act.
Appeals under Part II of Immigration Act 1971

6

Where a person who has been refused a certificate of patriality under the
Immigration Act 1971 before commencement has immediately before
commencement a
right of appeal under Part II (appeals) of that Act against the refusal,
the
provisions of that Part shall have effect in relation to the refusal as if
he
had applied for, and been refused, a certificate of entitlement under that
Act
as amended by this Act.

7

Any appeal under Part II of the Immigration Act 1971 against a refusal of
a
certificate of patriality under that Act which is pending immediately
before
commencement shall be treated as if it were an appeal against a refusal of
a
certificate of entitlement under that Act as amended by this Act.

8

In relation to appeals against any decision taken or other thing done
under
the Immigration Act 1971 before commencement, other than a refusal of a
certificate of patriality under that Act, the provisions of that Act shall
continue to apply as in force immediately before commencement, and not as
amended by this Act.

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

Appointment: 1 January 1983: see SI 1982/933, art 2.

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BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

SCHEDULE 9 REPEALS

Section 52(8)

Royal Assent [30 October 1981]

British Nationality Act 1981, Ch. 61, Sch. 9 (Eng.)

SCHEDULE 9 Repeals



Chapter Short title Extent of repeal



11 & 12 Geo 6 c 3 Burma Independence Act Section 2

1947
Schedule 1.
11 & 12 Geo 6 c 56 British Nationality Act (a) section 3;

1948
(b) section 32(3);
(c) section 33(1)

from the beginning

to the words "Isle

of Man"; and
(d) section 34(1).
12, 13 & 14 Geo 6 Ireland Act 1949 Section 5.

c 41
14 Geo 6 c 5 Newfoundland The whole Act.

(Consequential

Provisions) Act 1950
15 & 16 Geo 6 & 1 Visiting Forces Act 1952 Section 15(3)(c) and (d).

Eliz 2 c 67
5 & 6 Eliz 2 c 6 Ghana Independence Act Section 2.

1957
5 & 6 Eliz 2 c 60 Federation of Malaya In Schedule 1, paragraph 1.

Independence Act 1957
6 & 7 Eliz 2 c 10 British Nationality Act The whole Act.

1958
7 & 8 Eliz 2 c 5 Adoption Act 1958 Section 19.
In section 60(2), the words

"section nineteen, and".
8 & 9 Eliz 2 c 52 Cyprus Act 1960 Section 4(2) to (4) and (7).
In the Schedule, paragraph 1.
8 & 9 Eliz 2 c 55 Nigeria Independence Act Section 2.

1960
9 & 10 Eliz 2 c 16 Sierra Leone Independence Section 2.

Act 1961
10 Eliz 2 c 1 Tanganyika Independence Section 2.

Act 1961
10 & 11 Eliz 2 c 8 Civil Aviation Section 9(2).

(Euro-control) Act 1962
10 & 11 Eliz 2 c Commonwealth Immigrants Section 12(2) and (4).

21 Act 1962
10 & 11 Eliz 2 c South Africa Act 1962 Section 1(2).

23
Schedule 1.
10 & 11 Eliz 2 c Jamaica Independence Act Section 2.

40 1962
10 & 11 Eliz 2 c Trinidad and Tobago Section 2.

54 Independence Act 1962
10 & 11 Eliz 2 c Uganda Independence Act Section 2.

57 1962
1963 c 35 Malaysia Act 1963 Section 2.
Schedule 1.
1963 c 54 Kenya Independence Act Sections 2 and 3.

1963
1963 c 55 Zanzibar Act 1963 Section 2.
Schedule 2.
1964 c 5 International Section 2(1)(c).

Headquarters and Defence

Organisations Act 1964
In section 2(1)(d), the

reference to paragraph (c).
1964 c 22 British Nationality Act The whole Act.

1964
1964 c 46 Malawi Independence Act Sections 2 and 3.

1964
1964 c 54 British Nationality (No The whole Act.

2) Act 1964
1964 c 57 Adoption Act 1964 Section 1(3).
In section 4(4), the words from

"except" to "1958".
1964 c 65 Zambia Independence Act Sections 3 and 4.

1964
1964 c 81 Diplomatic Privileges Act Section 5(2).

1964
1964 c 86 Malta Independence Act Sections 2 and 3.

1964
1964 c 93 Gambia Independence Act Sections 2 and 3.

1964
1965 c 34 British Nationality Act The whole Act.

1965
1966 c 14 Guyana Independence Act Sections 2 and 3.

1966
1966 c 23 Botswana Independence Act Sections 3 and 4.

1966
1966 c 24 Lesotho Independence Act Sections 3 and 4.

1966
1966 c 29 Singapore Act 1966 In the Schedule, paragraph 1.
1966 c 37 Barbados Independence Act Sections 2 and 3.

1966
1967 c 4 West Indies Act 1967 Section 12.
In Schedule 3, paragraphs 1 to

3, 5 and 7 and, in paragraph

4(1), the words from "(subject"

to "Schedule)".
1967 c 71 Aden, Perim and Kuria Section 2.

Muria Islands Act 1967
Schedule.
1968 c 8 Mauritius Independence Sections 2 and 3.

Act 1968
1968 c 18 Consular Relations Act Section 7.

1968
1968 c 53 Adoption Act 1968 Section 9(5).
In section 14(3), the words

"except sections 9(5) and this

section".
1968 c 56 Swaziland Independence Sections 3 and 4.

Act 1968
1968 c 59 Hovercraft Act 1968 In the Schedule, paragraph

1(d).
1969 c 29 Tanzania Act 1969 Section 1.
Section 7(1)(a) and (2).
1969 c 46 Family Law Reform Act Section 28(4)(a).

1969
In Schedule 1, the entry

relating to the British

Nationality Act 1948.
1970 c 22 Tonga Act 1970 Section 2.
1970 c 50 Fiji Independence Act Sections 2 and 3.

1970
1971 c 62 Tribunals and Inquiries In section 14(3), the words

Act 1971 from "affect" to "1948 or".
1971 c 77 Immigration Act 1971 In section 9(5), the words from

"other" to "section 2".
Section 30(1).
In section 31(a), the words

from "(including" to "Act)".
Schedule 1 (including

Appendices A to C).
1972 c 55 Sri Lanka Republic Act Section 1(3) and (5).

1972
1973 c 27 Bahamas Independence Act Section 2(1), (2) and (6).

1973
1973 c 48 Pakistan Act 1973 Section 1.
Schedules 1 and 2.
1973 c 49 Bangladesh Act 1973 Section 2.
1975 c 31 Malta Republic Act 1975 Section 1(3).
1975 c 72 Children Act 1975 In section 109(2)(b), the words

"and 63" and "and".
Section 109(2)(c).
In Schedule 3 , paragraph 63.
1976 c 19 Seychelles Act 1976 Sections 3 and 4.
Section 5(3).
1976 c 36 Adoption Act 1976 Section 40.
In section 47(2), the words

"Without prejudice to section

40".
In section 74(4), the words

from "except" to"1968".
1976 c 54 Trinidad and Tobago Section 1(3).

Republic Act 1976
1978 c 15 Solomon Islands Act 1978 Section 2(1).
Section 4(5).
Section 5(1) and (3).
1978 c 20 Tuvalu Act 1978 Sections 2, 3 and 5(2).
1978 c 23 Judicature (Northern Section 22(2)(a).

Ireland) Act 1978
1978 c 28 Adoption (Scotland) Act Section 40.

1978
In section 41(2), the words

"Without prejudice to section

40".
1978 c 30 Interpretation Act 1978 In section 24(4), the words

"British subject and

Commonwealth citizen;".
In Schedule 1, the entry

defining "British subject" and

"Commonwealth citizen".
In Schedule 2, in paragraph 6,

the words "British subject and

Commonwealth citizen;".
1979 c 27 Kiribati Act 1979 Section 3(3).
Sections 4 and 5.
Section 7(2).
1979 c 60 Zimbabwe Act 1979 Section 2.
(a) paragraph (a); and
(b) in paragraph

(b), the words "1

or".
Schedule 1.
1980 c 2 Papua New Guinea, Western In section 1, subsection (1)

Samoa and Nauru and, in subsection (3), the

(Miscellaneous reference to section 3(2).

Provisions) Act 1980
Section 2.
Section 3(2).
1980 c 16 New Hebrides Act 1980 Section 1.
In section 4(2), the reference

to section 1(2).
1981 c 52 Belize Act 1981 Section 4(1).



1981 c 61 British Nationality Act Section 49.

1981



NOTES:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

Appointment: 1 January 1983: see SI 1982/933, art 2.

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BRITISH NATIONALITY ACT 1965

1965 CHAPTER 34

British Nationality Act 1965, Ch. 34, Repeal (Eng.)

Repeal


This Act was repealed, with savings, by the British Nationality Act 1981,
s
52(7), (8), Sch 8, para 1(2), Sch 9.

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BRITISH NATIONALITY ACT 1964

1964 CHAPTER 22

British Nationality Act 1964, Ch. 22, Repeal (Eng.)

Repeal


This Act was repealed, with savings, by the British Nationality Act 1981,
s
52(7), (8), Sch 8, para 1(2), Sch 9.

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BRITISH NATIONALITY ACT 1958

1958 CHAPTER 10

British Nationality Act 1958, Ch. 10, Repeal (Eng.)

Repeal


This Act was repealed, with savings, by the British Nationality Act 1981,
s
52(7), (8), Sch 8, para 1(2), Sch 9.

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BRITISH NATIONALITY ACT 1948

1948 CHAPTER 56

Royal Assent [30 July 1948]

British Nationality Act 1948, Ch. 56, Long Title (Eng.)

Long Title

An Act to make provision for British nationality and for citizenship of the
United Kingdom and Colonies and for purposes connected with the matters
aforesaid

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BRITISH NATIONALITY ACT 1948

1948 CHAPTER 56

PART I BRITISH NATIONALITY

Royal Assent [30 July 1948]

British Nationality Act 1948, Ch. 56, s. 1 (Eng.)

1 . . .


. . .

NOTES:

Amendment

Repealed by the British Nationality Act 1981, s 52(8), Sch 9.

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BRITISH NATIONALITY ACT 1948

1948 CHAPTER 56

PART I BRITISH NATIONALITY

Royal Assent [30 July 1948]

British Nationality Act 1948, Ch. 56, s. 2 (Eng.)

2 . . .


. . .

NOTES:

Amendment

Repealed by the British Nationality Act 1981, s 52(8), Sch 9.

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BRITISH NATIONALITY ACT 1948

1948 CHAPTER 56

PART I BRITISH NATIONALITY

Royal Assent [30 July 1948]

British Nationality Act 1948, Ch. 56, s. 3 (Eng.)

3 Limitation of criminal liability of citizens of countries mentioned in s
1(3)
and Eire. Status of citizens of Eire and British protected persons


(1) A British subject or citizen of Eire who is not a citizen of the
United
Kingdom and Colonies shall not be guilty of an offence against the laws of
any
part of the United Kingdom and Colonies or of any protectorate or United
Kingdom
trust territory by reason of anything done or omitted in any country
mentioned
in subsection (3) of section one of this Act or in Eire or in any foreign
country, unless--

(a) the act or omission would be an offence if he were an alien; and

(b) in the case of an act or omission in any country mentioned in
subsection
(3) of section one of this Act or in Eire, it would be an offence if the
country
in which the act is done or the omission made were a foreign country:

Provided that nothing in this subsection shall apply to the contravention
of
any provision of the [Merchant Shipping Act 1995].

(2) Subject to the provisions of this section, any law in force in any
part
of the United Kingdom and Colonies or in any protectorate or United Kingdom
trust territory at the date of the commencement of this Act, whether by
virtue
of a rule of law or of an Act of Parliament or any other enactment or
instrument
whatsoever, and any law which by virtue of any Act of Parliament passed
before
thatdate comes into force in any such place as aforesaid on or after that
date,
shall, until provision to the contrary is made by the authority having
power to
alter that law, continue to have effect in relation to citizens of Eire who
are
not British subjects in like manner as it has effect in relation to British
subjects.

(3) In the Aliens Restriction Acts 1914 and 1919, and in any order made
thereunder the expression "alien" shall not include a British protected
person.

[(4) In this section "foreign country" and "British protected person"
have
the same meaning as in the British Nationality Act 1981.]

NOTES:

Initial Commencement

Specified date

Specified date: 1 January 1949.

Amendment

Sub-s (1): words in square brackets substituted by the Merchant Shipping
Act
1995, s 314(2), Sch 13, para 22.

Sub-s (4): inserted by the British Nationality Act 1981, s 52(6), Sch 7.

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BRITISH NATIONALITY ACT 1948

1948 CHAPTER 56

PART II . . .

. . .

Royal Assent [30 July 1948]

British Nationality Act 1948, Ch. 56, s. 4 (Eng.)

4 . . .


. . .

NOTES:

Amendment

Repealed by the British Nationality Act 1981, s 52(8), Sch 9.

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BRITISH NATIONALITY ACT 1948

1948 CHAPTER 56

PART II . . .

. . .

Royal Assent [30 July 1948]

British Nationality Act 1948, Ch. 56, s. 5 (Eng.)

5 . . .


. . .

NOTES:

Amendment

Repealed by the British Nationality Act 1981, s 52(8), Sch 9.

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BRITISH NATIONALITY ACT 1948

1948 CHAPTER 56

PART II . . .

. . .

Royal Assent [30 July 1948]

British Nationality Act 1948, Ch. 56, s. 5A (Eng.)

[5A . . .]


. . .

NOTES:

Amendment

Inserted by the Immigration Act 1971, s 2, Sch 1, para 1(a), Appendix A.

Repealed by the British Nationality Act 1981, s 52(8), Sch 9.

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BRITISH NATIONALITY ACT 1948

1948 CHAPTER 56

PART II . . .

. . .

Royal Assent [30 July 1948]

British Nationality Act 1948, Ch. 56, s. 6 (Eng.)

6 . . .


. . .

NOTES:

Amendment

Repealed by the British Nationality Act 1981, s 52(8), Sch 9.

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BRITISH NATIONALITY ACT 1948

1948 CHAPTER 56

PART II . . .

. . .

Royal Assent [30 July 1948]

British Nationality Act 1948, Ch. 56, s. 7 (Eng.)

7 . . .


. . .

NOTES:

Amendment

Repealed by the British Nationality Act 1981, s 52(8), Sch 9.

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BRITISH NATIONALITY ACT 1948

1948 CHAPTER 56

PART II . . .

. . .

Royal Assent [30 July 1948]

British Nationality Act 1948, Ch. 56, s. 8 (Eng.)

8 . . .


. . .

NOTES:

Amendment

Repealed by the British Nationality Act 1981, s 52(8), Sch 9.

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BRITISH NATIONALITY ACT 1948

1948 CHAPTER 56

PART II . . .

. . .

Royal Assent [30 July 1948]

British Nationality Act 1948, Ch. 56, s. 9 (Eng.)

9 . . .


. . .

NOTES:

Amendment

Repealed by the British Nationality Act 1981, s 52(8), Sch 9.

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BRITISH NATIONALITY ACT 1948

1948 CHAPTER 56

PART II . . .

. . .

Royal Assent [30 July 1948]

British Nationality Act 1948, Ch. 56, s. 10 (Eng.)

10 . . .


. . .

NOTES:

Amendment

Repealed by the British Nationality Act 1981, s 52(8), Sch 9.

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BRITISH NATIONALITY ACT 1948

1948 CHAPTER 56

PART II . . .

. . .

Royal Assent [30 July 1948]

British Nationality Act 1948, Ch. 56, s. 11 (Eng.)

11 . . .


. . .

NOTES:

Amendment

Repealed by the British Nationality Act 1981, s 52(8), Sch 9.

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BRITISH NATIONALITY ACT 1948

1948 CHAPTER 56

PART II . . .

. . .

Royal Assent [30 July 1948]

British Nationality Act 1948, Ch. 56, s. 12 (Eng.)

12 . . .


. . .

NOTES:

Amendment

Repealed by the British Nationality Act 1981, s 52(8), Sch 9.

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BRITISH NATIONALITY ACT 1948

1948 CHAPTER 56

PART II . . .

. . .

Royal Assent [30 July 1948]

British Nationality Act 1948, Ch. 56, s. 13 (Eng.)

13 . . .


. . .

NOTES:

Amendment

Repealed by the British Nationality Act 1981, s 52(8), Sch 9.

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BRITISH NATIONALITY ACT 1948

1948 CHAPTER 56

PART II . . .

. . .

Royal Assent [30 July 1948]

British Nationality Act 1948, Ch. 56, s. 14 (Eng.)

14 . . .


. . .

NOTES:

Amendment

Repealed by the British Nationality Act 1981, s 52(8), Sch 9.

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BRITISH NATIONALITY ACT 1948

1948 CHAPTER 56

PART II . . .

. . .

Royal Assent [30 July 1948]

British Nationality Act 1948, Ch. 56, s. 15 (Eng.)

15 . . .


. . .

NOTES:

Amendment

Repealed by the British Nationality Act 1981, s 52(8), Sch 9.

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BRITISH NATIONALITY ACT 1948

1948 CHAPTER 56

PART II . . .

. . .

Royal Assent [30 July 1948]

British Nationality Act 1948, Ch. 56, s. 16 (Eng.)

16 . . .


. . .

NOTES:

Amendment

Repealed by the British Nationality Act 1981, s 52(8), Sch 9.

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BRITISH NATIONALITY ACT 1948

1948 CHAPTER 56

PART II . . .

. . .

Royal Assent [30 July 1948]

British Nationality Act 1948, Ch. 56, s. 17 (Eng.)

17 . . .


. . .

NOTES:

Amendment

Repealed by the British Nationality Act 1981, s 52(8), Sch 9.

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BRITISH NATIONALITY ACT 1948

1948 CHAPTER 56

PART II . . .

. . .

Royal Assent [30 July 1948]

British Nationality Act 1948, Ch. 56, s. 18 (Eng.)

18 . . .


. . .

NOTES:

Amendment

Repealed by the British Nationality Act 1981, s 52(8), Sch 9.

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BRITISH NATIONALITY ACT 1948

1948 CHAPTER 56

PART II . . .

. . .

Royal Assent [30 July 1948]

British Nationality Act 1948, Ch. 56, s. 19 (Eng.)

19 . . .


. . .

NOTES:

Amendment

Repealed by the British Nationality Act 1981, s 52(8), Sch 9.

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BRITISH NATIONALITY ACT 1948

1948 CHAPTER 56

PART II . . .

. . .

Royal Assent [30 July 1948]

British Nationality Act 1948, Ch. 56, s. 20 (Eng.)

20 . . .


. . .

NOTES:

Amendment

Repealed by the British Nationality Act 1981, s 52(8), Sch 9.

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BRITISH NATIONALITY ACT 1948

1948 CHAPTER 56

PART II . . .

. . .

Royal Assent [30 July 1948]

British Nationality Act 1948, Ch. 56, s. 21 (Eng.)

21 . . .


. . .

NOTES:

Amendment

Repealed by the British Nationality (No 2) Act 1964, s 4(2).

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BRITISH NATIONALITY ACT 1948

1948 CHAPTER 56

PART II . . .

. . .

Royal Assent [30 July 1948]

British Nationality Act 1948, Ch. 56, s. 22 (Eng.)

22 . . .


. . .

NOTES:

Amendment

Repealed by the British Nationality Act 1981, s 52(8), Sch 9.

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BRITISH NATIONALITY ACT 1948

1948 CHAPTER 56

PART III SUPPLEMENTAL

Royal Assent [30 July 1948]

British Nationality Act 1948, Ch. 56, s. 23 (Eng.)

23 . . .


. . .

NOTES:

Amendment

Repealed by the British Nationality Act 1981, s 52(8), Sch 9.

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BRITISH NATIONALITY ACT 1948

1948 CHAPTER 56

PART III SUPPLEMENTAL

Royal Assent [30 July 1948]

British Nationality Act 1948, Ch. 56, s. 24 (Eng.)

24 . . .


. . .

NOTES:

Amendment

Repealed by the British Nationality Act 1981, s 52(8), Sch 9.

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BRITISH NATIONALITY ACT 1948

1948 CHAPTER 56

PART III SUPPLEMENTAL

Royal Assent [30 July 1948]

British Nationality Act 1948, Ch. 56, s. 25 (Eng.)

25 . . .


. . .

NOTES:

Amendment

Repealed by the British Nationality Act 1981, s 52(8), Sch 9.

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BRITISH NATIONALITY ACT 1948

1948 CHAPTER 56

PART III SUPPLEMENTAL

Royal Assent [30 July 1948]

British Nationality Act 1948, Ch. 56, s. 26 (Eng.)

26 . . .


. . .

NOTES:

Amendment

Repealed by the British Nationality Act 1981, s 52(8), Sch 9.

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BRITISH NATIONALITY ACT 1948

1948 CHAPTER 56

PART III SUPPLEMENTAL

Royal Assent [30 July 1948]

British Nationality Act 1948, Ch. 56, s. 27 (Eng.)

27 . . .


. . .

NOTES:

Amendment

Repealed by the British Nationality Act 1981, s 52(8), Sch 9.

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BRITISH NATIONALITY ACT 1948

1948 CHAPTER 56

PART III SUPPLEMENTAL

Royal Assent [30 July 1948]

British Nationality Act 1948, Ch. 56, s. 28 (Eng.)

28 . . .


. . .

NOTES:

Amendment

Repealed by the British Nationality Act 1981, s 52(8), Sch 9.

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BRITISH NATIONALITY ACT 1948

1948 CHAPTER 56

PART III SUPPLEMENTAL

Royal Assent [30 July 1948]

British Nationality Act 1948, Ch. 56, s. 29 (Eng.)

29 . . .


. . .

NOTES:

Amendment

Repealed by the British Nationality Act 1981, s 52(8), Sch 9.

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BRITISH NATIONALITY ACT 1948

1948 CHAPTER 56

PART III SUPPLEMENTAL

Royal Assent [30 July 1948]

British Nationality Act 1948, Ch. 56, s. 30 (Eng.)

30 . . .


. . .

NOTES:

Amendment

Repealed by the British Nationality Act 1981, s 52(8), Sch 9.

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BRITISH NATIONALITY ACT 1948

1948 CHAPTER 56

PART III SUPPLEMENTAL

Royal Assent [30 July 1948]

British Nationality Act 1948, Ch. 56, s. 31 (Eng.)

31 . . .


. . .

NOTES:

Amendment

Repealed by the British Nationality Act 1981, s 52(8), Sch 9.

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BRITISH NATIONALITY ACT 1948

1948 CHAPTER 56

PART III SUPPLEMENTAL

Royal Assent [30 July 1948]

British Nationality Act 1948, Ch. 56, s. 32 (Eng.)

32 Interpretation


(1), (2) . . .

(3) References in this Act to any country mentioned in subsection (3) of
section one of this Act shall include references to the dependencies of
that
country.

(4)-(11) . . .

NOTES:

Initial Commencement

Specified date

Specified date: 1 January 1949.

Amendment

Sub-ss (1), (2), (4)-(11): repealed by the British Nationality Act 1981,
s
52(8), Sch 9.

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BRITISH NATIONALITY ACT 1948

1948 CHAPTER 56

PART III SUPPLEMENTAL

Royal Assent [30 July 1948]

British Nationality Act 1948, Ch. 56, s. 33 (Eng.)

33 Channel Islands and Isle of Man


(1) References in this Act to colonies shall be construed as including
references to the Channel Islands and the Isle of Man; . . .

(2) . . .

NOTES:

Initial Commencement

Specified date

Specified date: 1 January 1949.

Amendment

Sub-s (1): words omitted repealed by the British Nationality Act 1981, s
52(8), Sch 9.

Sub-s (2): repealed by the British Nationality Act 1981, s 52(8), Sch 9.

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BRITISH NATIONALITY ACT 1948

1948 CHAPTER 56

PART III SUPPLEMENTAL

Royal Assent [30 July 1948]

British Nationality Act 1948, Ch. 56, s. 34 (Eng.)

34 Short title, commencement and repeal


(1) This Act may be cited as the British Nationality Act 1948.

(2), (3) . . .

NOTES:

Initial Commencement

Specified date

Specified date: 1 January 1949.

Amendment

Sub-s (2): repealed by the Statute Law Revision Act 1950.

Sub-s (3): repealed by the British Nationality Act 1981, s 52(8), Sch 9.

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BRITISH NATIONALITY ACT 1948

1948 CHAPTER 56

SCHEDULE 1 . . .

. . .

Royal Assent [30 July 1948]

British Nationality Act 1948, Ch. 56, Sch. 1 (Eng.)

SCHEDULE 1 . . .


. . .

NOTES:

Amendment

Repealed by the British Nationality Act 1981, s 52(8), Sch 9.

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BRITISH NATIONALITY ACT 1948

1948 CHAPTER 56

SCHEDULE 2 . . .

. . .

Royal Assent [30 July 1948]

British Nationality Act 1948, Ch. 56, Sch. 2 (Eng.)

SCHEDULE 2 . . .


. . .

NOTES:

Amendment

Repealed by the British Nationality Act 1981, s 52(8), Sch 9.

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BRITISH NATIONALITY ACT 1948

1948 CHAPTER 56

SCHEDULE 3 . . .

. . .

Royal Assent [30 July 1948]

British Nationality Act 1948, Ch. 56, Sch. 3 (Eng.)

SCHEDULE 3 . . .


. . .

NOTES:

Amendment

Repealed by the British Nationality Act 1981, s 52(8), Sch 9.

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BRITISH NATIONALITY ACT 1948

1948 CHAPTER 56

SCHEDULE 4 . . .

. . .

Royal Assent [30 July 1948]

British Nationality Act 1948, Ch. 56, Sch. 4 (Eng.)

SCHEDULE 4 . . .


. . .

NOTES:

Amendment

Repealed by the British Nationality Act 1981, s 52(8), Sch 9.