British Nationality Act 1981

• (1) Any discretion vested by or under this Act in the Secretary of State, a Governor or a Lieutenant-Governor shall be exercised without regard to the race, colour or religion of any person who may be affected by its exercise.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Evidence

45

• (1) Every document purporting to be a notice, certificate, order or declaration, or an entry in a register, or a subscription of an oath of allegiance, given, granted or made under this Act or any of the former nationality Acts shall be received in evidence and shall, unless the contrary is proved, be deemed to have been given, granted or made by or on behalf of the person by whom or on whose behalf it purports to have been given, granted or made.

• (2) Prima facie evidence of any such document may be given by the production of a document purporting to be certified as a true copy of it by such person and in such manner as may be prescribed.

• (3) Any entry in a register made under this Act or any of the former nationality Acts shall be received as evidence (and in Scotland as sufficient evidence) of the matters stated in the entry.

• (4) A certificate given by or on behalf of the Secretary of State that a person was at any time in Crown service under the government of the United Kingdom or that a person’s recruitment for such service took place in the United Kingdom shall, for the purposes of this Act, be conclusive evidence of that fact.

Offences and proceedings

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• (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 regulations made under this Act with respect to the delivering up of certificates of naturalisation shall be liable on summary conviction in the United Kingdom to a fine not exceeding level 4 on the standard scale.

• (3) In the case of an offence under subsection (1)—

• (a) any information relating to the offence may in England and Wales be tried by a magistrates’ court if it is laid within six months after the commission of the offence, or if it is laid within three years after the commission of the offence and not more than two months after the date certified by a chief officer of police to be the date on which evidence sufficient to justify proceedings came to the notice of an officer of his police force; and

• (b) summary proceedings for the offence may in Scotland be commenced within six months after the commission of the offence, or within three years after the commission of the offence and not more than two months after the date on which evidence sufficient in the opinion of the Lord Advocate to justify proceedings came to his knowledge; and

• (c) a complaint charging the commission of the offence may in Northern Ireland be heard and determined by a magistrates’ court if it is made within six months after the commission of the offence, or if it is made within three years after the commission of the offence and not more than two months after the date certified by an officer of police not below the rank of assistant chief constable to be the date on which evidence sufficient to justify the proceedings came to the notice of the police in Northern Ireland.

• (4) For the purposes of subsection (3)(b) proceedings shall be deemed to be commenced on the date on which a warrant to apprehend or to cite the accused is granted, if such warrant is executed without undue delay; and a certificate of the Lord Advocate as to the date on which such evidence as is mentioned in subsection (3)(b) came to his knowledge shall be conclusive evidence.

• (5) For the purposes of the trial of a person for an offence under subsection (1) or (2), the offence shall be deemed to have been committed either at the place at which it actually was committed or at any place at which he may be.

• (6) In their application to the Bailiwick of Jersey subsections (1) and (2) shall have effect with the omission of the words “on summary conviction”.

Legitimated children

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Posthumous children

48

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.

Registration and naturalisation under British Nationality Acts 1948 to 1965

49

Interpretation

50

• (1) In this Act, unless the context otherwise requires—

• “the 1948 Act” means the British Nationality Act 1948;

• “alien” means a person who is neither a Commonwealth citizen nor a British protected person nor a citizen of the Republic of Ireland;

• “ appointed day ” means the day appointed by the Secretary of State under section 8 of the British Overseas Territories Act 2002 for the commencement of Schedule 1 to that Act;

• “ association ” means an unincorporated body of persons;

• “ British National (Overseas) ” means a person who is a British National (Overseas) under the Hong Kong (British Nationality) Order 1986, and “status of a British National (Overseas)” shall be construed accordingly;

• “ British Overseas citizen ”includes a person who is a British Overseas citizen under the Hong Kong (British Nationality) Order 1986.

• “ British overseas territory ” means a territory mentioned in Schedule 6;

• “ British protected person ” means a person who is a member of any class of persons declared to be British protected persons by an Order in Council for the time being in force under section 38 or is a British protected person by virtue of the Solomon Islands Act 1978;

• “ commencement ”, without more, means the commencement of this Act;

• “ Commonwealth citizen ” means a person who has the status of a Commonwealth citizen under this Act;

• “ company ” means a body corporate;

• “ 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 or under the Welsh Assembly Government ;

• “ 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— the British Nationality Acts 1948 to 1965;the British Nationality and Status of Aliens Acts 1914 to 1943; andany 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 ”— 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;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— subordinate legislation (as defined in section 21(1) of the Interpretation Act 1978); orany instrument of a legislative character made under any Northern Ireland legislation;

• “ the United Kingdom ” means Great Britain, Northern Ireland and the Islands, taken together;

• “ United Kingdom consulate ” means the office of a consular officer of Her Majesty’s government in the United Kingdom where a register of births is kept or, where there is no such office, such office as may be prescribed.

• (1A) Subject to subsection (1B), references in this Act to being a member of the armed forces are references to being—

• (a) a member of the regular forces within the meaning of the Armed Forces Act 2006, or

• (b) a member of the reserve forces within the meaning of that Act subject to service law by virtue of paragraph (a), (b) or (c) of section 367(2) of that Act.

• (1B) A person is not to be regarded as a member of the armed forces by virtue of subsection (1A) if the person is treated as a member of a regular or reserve force by virtue of—

• (a) section 369 of the Armed Forces Act 2006, or

• (b) section 4(3) of the Visiting Forces (British Commonwealth) Act 1933.

• (2) Subject to subsection (3), references in this Act to a person being settled in the United Kingdom or in a British overseas territory are references to his being ordinarily resident in the United Kingdom or, as the case may be, in that territory without being subject under the immigration laws to any restriction on the period for which he may remain.

• (3) Subject to subsection (4), a person is not to be regarded for the purposes of this Act—

• (a) as having been settled in the United Kingdom at any time when he was entitled to an exemption under section 8(3) or (4)(b) or (c) of the Immigration Act 1971 or, unless the order under section 8(2) of that Act conferring the exemption in question provides otherwise, to an exemption under the said section 8(2), or to any corresponding exemption under the former immigration laws; or

• (b) as having been settled in a British overseas territory at any time when he was under the immigration laws entitled to any exemption corresponding to any such exemption as is mentioned in paragraph (a) (that paragraph being for the purposes of this paragraph read as if the words from “unless” to “otherwise” were omitted).

• (4) A person to whom a child is born in the United Kingdom after commencement is to be regarded for the purposes of section 1(1) as being settled in the United Kingdom at the time of the birth if—

• (a) he would fall to be so regarded but for his being at that time entitled to an exemption under section 8(3) of the Immigration Act 1971; and

• (b) immediately before he became entitled to that exemption he was settled in the United Kingdom; and

• (c) he was ordinarily resident in the United Kingdom from the time when he became entitled to that exemption to the time of the birth;

but this subsection shall not apply if at the time of the birth the child’s father or mother is a person on whom any immunity from jurisdiction is conferred by or under the Diplomatic Privileges Act 1964.

• (5) It is hereby declared that a person is not to be treated for the purpose of any provision of this Act as ordinarily resident in the United Kingdom or in a British overseas territory at a time when he is in the United Kingdom or, as the case may be, in that territory in breach of the immigration laws.

• (6) For the purposes of this Act—

• (a) a person shall be taken to have been naturalised in the United Kingdom if, but only if, he is—

• (i) a person to whom a certificate of naturalisation was granted under any of the former nationality Acts by the Secretary of State or, in any of the Islands, by the Lieutenant-Governor; or

• (ii) a person who by virtue of section 27(2) of the British Nationality and Status of Aliens Act 1914 was deemed to be a person to whom a certificate of naturalisation was granted, if the certificate of naturalisation in which his name was included was granted by the Secretary of State; or

• (iii) a person who by virtue of section 10(5) of the Naturalization Act 1870 was deemed to be a naturalised British subject by reason of his residence with his father or mother;

• (b) a person shall be taken to have been naturalised in a British overseas territory if, but only if, he is—

• (i) a person to whom a certificate of naturalisation was granted under any of the former nationality Acts by the Governor of that territory or by a person for the time being specified in a direction given in relation to that territory under paragraph 4 of Schedule 3 to the West Indies Act 1967 or for the time being holding an office so specified; or

• (ii) a person who by virtue of the said section 27(2) was deemed to be a person to whom a certificate of naturalisation was granted, if the certificate of naturalisation in which his name was included was granted by the Governor of that territory; or

• (iii) a person who by the law in force in that territory enjoyed the privileges of naturalisation within that territory only;

and references in this Act to naturalisation in the United Kingdom or in a British overseas territory shall be construed accordingly.

• (7) For the purposes of this Act a person born outside the United Kingdom aboard a ship or aircraft—

• (a) shall be deemed to have been born in the United Kingdom if—

• (i) at the time of the birth his father or mother was a British citizen; or

• (ii) he would, but for this subsection, have been born stateless,

and (in either case) at the time of the birth the ship or aircraft was registered in the United Kingdom or was an unregistered ship or aircraft of the government of the United Kingdom; but

• (b) subject to paragraph (a), is to be regarded as born outside the United Kingdom, whoever was the owner of the ship or aircraft at that time, and irrespective of whether or where it was then registered.

• (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 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 or male civil partner, 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 or section 35 or 36 of the Human Fertilisation and Embryology Act 2008, that person, or

• (ba) where a person is treated as a parent of the child under section 42 or 43 of the Human Fertilisation and Embryology Act 2008, that person, or

• (c) where none of paragraphs (a) to (ba) applies, a 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.

Meaning of certain expressions relating to nationality in other Acts and instruments

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• (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 1983or 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 citizennor 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

• (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.

Consequential amendments, transitional provisions, repeals and savings

52

• (1) In any enactment or instrument whatever passed or made before commencement, for any reference to section 1(3) of the 1948 Act (list of countries whose citizens are Commonwealth citizens under that Act) there shall be substituted a reference to Schedule 3 to this Act, unless the context makes that substitution inappropriate.

• (2) Subject to subsection (3), Her Majesty may by Order in Council make such consequential modifications of—

• (a) any enactment of the Parliament of the United Kingdom passed before commencement;

• (b) any provision contained in any Northern Ireland legislation passed or made before commencement; or

• (c) any instrument made before commencement under any such enactment or provision,

as appear to Her necessary or expedient for preserving after commencement the substantive effect of that enactment, provision or instrument.

• (3) Subsection (2) shall not apply in relation to—

• (a) the Immigration Act 1971; or

• (b) any provision of this Act not contained in Schedule 7.

• (4) Any Order in Council made under subsection (2) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (5) Any provision made by Order in Council under subsection (2) after commencement may be made with retrospective effect as from commencement or any later date.

• (6) 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

Citation, commencement and extent

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• (1) This Act may be cited as the British Nationality Act 1981.

• (2) This Act, except the provisions mentioned in subsection (3), shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and references to the commencement of this Act shall be construed as references to the beginning of that day.

• (3) Section 49 and this section shall come into force on the passing of this Act.

• (4) This Act extends to Northern Ireland.

• (5) The provisions of this Act, except those mentioned in subsection (7), extend to the Islands and all British overseas territories ; 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.

SCHEDULE 1

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 service under the government of the United Kingdom.

2

• (1) 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—

• (za) treat the applicant as fulfilling the first requirement specified in paragraph 1(2)(a) although the applicant was not in the United Kingdom at the beginning of the period there mentioned;

• (a) treat the applicant as fulfilling the second requirement specified in paragraph 1(2)(a) or the requirement specified in 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 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 that requirement or those requirements.

• (1A) Sub-paragraph (1B) applies where the applicant has indefinite leave to enter or remain in the United Kingdom.

• (1B) The Secretary of State may for the purposes of paragraph 1 treat the applicant as fulfilling the requirement specified in paragraph 1(2)(d), without enquiring into whether or not the applicant was in the United Kingdom in breach of the immigration laws in the period there mentioned.

• (1C) The reference in sub-paragraph (1A) to having indefinite leave to enter or remain is to be construed in accordance with the Immigration Act 1971.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 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 references to the purposes of paragraph 1 shall be read as references 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) . . . 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 , or of whom the applicant is the civil partner, 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 requirement specified in sub-paragraph (3) of this paragraph; and

• (b) that he is of good character; and

• (c) that he has a sufficient knowledge of the English language or any other language recognised for official purposes in the relevent 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 relevent 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

• (1) 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—

• (za) treat the applicant as fulfilling the first requirement specified in paragraph 5(2)(a) although the applicant was not in the relevant territory at the beginning of the period there mentioned;

• (a) treat the applicant as fulfilling the second requirement specified in paragraph 5(2)(a) or the requirement specified in 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 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 references to the purposes of paragraph 5 shall be read as references to the purposes of paragraph 7;

• (b) the references to paragraphs 5(2)(a), 5(2)(b) and 5(2)(d) shall be read as references to paragraphs 7(a), 7(b) and 7(d) respectively;

• (c) paragraph 6(c) . . . 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 , or of whom the applicant is the civil partner, 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 so entitled;

• (b) any period when he was detained—

• (i) in any place of detention in the United Kingdom in pursuance of a sentence passed on him by a court in the United Kingdom or elsewhere for any offence;

• (ii) in any hospital in the United Kingdom under a hospital order made under Part III of the Mental Health Act 1983 or section 175 or 376 of the Criminal Procedure (Scotland) Act 1975 or Part III of the Mental Health (Northern Ireland) Order 1986, being an order made in connection with his conviction of an offence; or

• (iii) under any power of detention conferred by the immigration laws of the United Kingdom;

• (c) any period when, being liable to be detained as mentioned in paragraph (b)(i) or (ii) of this sub-paragraph, he was unlawfully at large or absent without leave and for that reason liable to be arrested or taken into custody;

• (d) any period when, his actual detention under any such power as is mentioned in paragraph (b)(iii) of this sub-paragraph being required or specifically authorised, he was unlawfully at large and for that reason liable to be arrested.

• (2) For the purposes of this Schedule a person shall (subject to paragraph 6(b)) be treated as having been absent from any particular British overseas territory 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).

SCHEDULE 2

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 aged 18 to 22 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 had attained the age of eighteen but . . . 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 to registration under this paragraph shall be registered under it as such a citizen as he would have become at commencement if, immediately before commencement, he had been registered as a citizen of the United Kingdom and Colonies under section 1 of the British Nationality (No. 2) Act 1964 on whichever of the grounds mentioned in subsection (1)(a) to (c) of that section he would have been entitled to be so registered on in the circumstances described in sub-paragraph (1)(a) and (b) of this paragraph.

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 , 3A 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.

SCHEDULE 3

SCHEDULE 4

1

In this Schedule “the 1971 Act” means the Immigration Act 1971.

2

For “patrial”—

• (a) where it occurs in the provisions of the 1971 Act listed in the first column of the following table, and where it first occurs in section 6(2) of that Act, substitute “ a British citizen ” ;

• (b) where it occurs in the provisions listed in that Act in the second column of that table, and where it last occurs in section 6(2) of that Act, substitute “ British citizens ”.

(1)“a British citizen”	(2)“British citizens”
Section 3(1), (5), (6), (8) ;	Section 3(7) (twice)
Section 5(2) ;	Section 4(4) ;
Section 9(4) ;	Section 8(2), (3), (4) ;
Section 14(2) ;	Section 9(2) ;
Section 24(1) ;	. . . ;
In section 33(1), the definitions of “entry clearance” and “work permit” ;	In Schedule 2, paragraph 26(1).
In Schedule 2, paragraphs 2(1)(a), 3(1), 6(1), 12(2) and 13(2).
In Schedule 4, paragraphs 1(1) and (2), 3(1) and 4.

3

• (1) For “certificate of patriality”, wherever (except in section 33(1)) it occurs in the 1971 Act (that is, in sections 13(2), 22(4)(a) and (5)(a), 26(1)(d) (twice) and paragraph 19(2) of Schedule 2 (twice)) substitute “ certificate of entitlement ”.

• (2) In the entry in section 33(1) which defines “certificate of patriality”, for “patriality” substitute “ entitlement ”.

4

In section 3(7) of the 1971 Act (powers available where restrictions or conditions are imposed on citizens of the United Kingdom and Colonies when leaving or seeking to leave other countries), for “citizens of the United Kingdom and Colonies” substitute “ British citizens, British overseas territories citizens or British Overseas citizens ”.

5

In section 8(5) of the 1971 Act, for the words from “settled” onwards (by virtue of which persons are not to be regarded for the purposes of the 1971 Act as having been settled in the United Kingdom while entitled to certain exemptions) substitiute “ settled in the United Kingdom at any time when he was entitled under the former immigration laws to any exemption corresponding to any of those afforded by subsection (3) or (4)(b) or (c) above or by any order under subsection (2) above. ”.

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

In section 33 of the 1971 Act (interpretation)—

• (a) in subsection (1)—

• (i) in the definition of “settled”, for the words from “with” onwards substitute “ with subsection (2A) below ; ” ; and

• (ii) after the definition of “ship” insert—

“United Kingdom passport” means a current passport issued by the Government of the United Kingdom, or by the Lieutenant-Governor of any of the Islands, or by the Government of any territory which is for the time being a British overseas territory within the meaning of the British Nationality Act 1981 ;

; and

• (b) after subsection (2) insert—

(2A) Subject to subsection 8(5) above, references to a person being settled in the United Kingdom are references to his being ordinarily resident there without being subject under the immigration laws to any restriction on the period for which he may remain.

SCHEDULE 5

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—

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.

SCHEDULE 6

SCHEDULE 7

ACT OF SETTLEMENT (12 & 13 Will. 3. c. 2.)

In section 3, the words from “That after the said limitation shall take effect” to “in trust for him” (which impose certain disqualifications) shall not apply to Commonwealth citizens or citizens of the Republic of Ireland.

LEGITIMACY DECLARATION ACT 1858 (c. 93)

In section 9 (declaration that person is a subject of Her Majesty in Scottish action of declarator), for “subject of Her Majesty ” substitute “Commonwealth citizen”.

SUBMARINE TELEGRAPH ACT 1885 (c.49)

In section 3(5) (offence for a subject of Her Majesty to abet breaking or injuring of submarine cable outside dominions), for “a subject of Her Majesty ” substitute “a Commonwealth citizen”.

BRITISH NATIONALITY ACT 1948 (c.56)

In section 3 (limitation of criminal liability of citizens of certain countries), after subsection (3) insert—

IRELAND ACT 1949 (c.41)

1

In section 3(1)(a) (certain provisions not affected by fact that Republic of Ireland is not part of Her Majesty's dominions), for sub-paragraph (i) (which lists the British Nationality Act 1948) substitute—

(i) section 3 of the British Nationality Act 1948 ;

2

For section 7(2) (interpretation of references to protectorates etc. by reference to 1948 Act) substitute—

(2) In this Act “the United Kingdom” includes the Channel Islands and the Isle of Man.

DEFAMATION ACT 1952 (c.66)

In Part III of the Schedule (interpretation), in paragraph 14, for “subsection (3) of section one of that Act” substitute “Schedule 3 to the British Nationality Act 1981”.

DEFAMATION ACT (NORTHERN IRELAND) 1955 (all) (N.I.)

In Part III of the Schedule (interpretation), in paragraph 14, for “subsection (3) of section one of that Act” substitute “Schedule 3 to the British Nationality Act 1981”.

CYPRUS ACT 1960 (c.52)

In section 6(1) (power to remove Republic of Cyprus from section 1(3) of 1948 Act), for the words from “specified ” onwards substitute "mentioned in Schedule 3 to the British Nationality Act 1981, Her Majesty may by Order in Council remove the Republic of Cyprus from that Schedule.".

EMERGENCY LAWS (RE-ENACTMENTS AND REPEALS) ACT 1964 (c.60)

In section 9 (territorial extent of Part I), in subsection (2)—

DIPLOMATIC PRIVILEGES ACT 1964 (c.81)

For section 3(2) (disregard, in connection with citizenship of children of certain persons possessing diplomatic immunity, of Orders in Council withdrawing diplomatic privileges and immunities) substitute—

COMMONWEALTH SECRETARIAT ACT 1966 (c.10)

In Part II of the Schedule (staff of the Secretariat), in paragraphs 5(1) and 7, for " section 1(3) of the British Nationality Act 1948 “substitute ”Schedule 3 to the British Nationality Act 1981".

WEST INDIES ACT 1967 (c.4)

1

In section 13(3) (power to make changes in nationality or citizenship law in certain events), for “citizens of the United Kingdom and Colonies” substitute “British Dependent Territories citizens or British Overseas citizens”.

2

In Schedule 3 (modifications of British Nationality Acts)—

• (a) for paragraph 4(3) substitute—

(3) This paragraph applies to those functions of the Secretary of State under the British Nationality Act 1981 in the case of which he has power under section 43 of that Act to make arrangements for them to be exercised in a dependent territory which is for the time being a colony by the Governor ; and subsection (4) of that section (approval of Secretary of State) shall apply in relation to a direction under this paragraph as it applies in relation to arrangements under that section.

; and

• (b) in paragraph 6, for the words from “Section 26 ” to “1965) ” substitute “Section 44 of the British Nationality Act 1981”.

MARINE ETC. BROADCASTING (OFFENCES) ACT 1967 (c. 41)

In section 3(3) (persons prohibited from broadcasting whilst on or over high seas), for paragraphs (a) to (e) substitute—

ANTARCTIC TREATY ACT 1967 (c.65)

In section 1(3) (persons prohibited from harming Antarctic flora and fauna)—

FUGITIVE OFFENDERS ACT 1967 (c. 68)

In section 2(1) (designated Commonwealth countries whose fugitives may be returned by United Kingdom), for " subsection (3) of section 1 of the British Nationality Act 1948 “substitute ”Schedule 3 to the British Nationality Act 1981".

CONSULAR RELATIONS ACT 1968 (c.18)

In section 1(2) (meaning of certain terms in Schedule 1), in the definition of “national of the receiving State ”, for the words from “as ” onwards substitute " as meaning—

TANZANIA ACT 1969 (c.29)

In section 4(3) (enactments excluded from power to apply statutory provisions to Tanzania), for “the British Nationality Acts substitute ”the British Nationality Act 1981".

INCOME AND CORPORATION TAXES ACT 1970 (c. 10)

1

For “section 1(3) of the British Nationality Act 1948 ”. where ever it occurs (that is, in sections 181(1). 214(1)(b) and 372(2)(b)) substitute " Schedule 3 to the British Nationality Act 1981 .

2

In section 214, after subsection (5) insert—

(6) In subsection (1)(b) above, the references to a country mentioned in Schedule 3 to the British Nationality Act 1981 do not include any country which, immediately before the commencement of the British Nationality Act 1981, was mentioned in section 1(3) of the British Nationality Act 1948 otherwise than by virtue of an enactment passed after 1956.

MERCHANT SHIPPING ACT 1970 (c.36)

1

In section 70(3) (meaning of “British seamen” in section 70), for “the British Nationality Act 1948 ” substitute “the British Nationality Act 1981”.

2

In section 93(3) (meaning of “independent Commonwealth country” in section 93), for “section 1(3) of the British Nationality Act 1948” substitute “Schedule 3 to the British Nationality Act 1981”.

HIJACKING ACT 1971 (c.70)

In section 1(3) (persons not within exceptions to offence of hijacking), for paragraphs (a) to (e) substitute—

CIVIL AVIATION ACT 1971 (c. 75)

In section 64(1) (interpretation), in the definition of “United Kingdom national”, for paragraphs (a) to (e) substitute—

PROTECTION OF AIRCRAFT ACT 1973 (c.47)

In section 1(5) (persons not within exception to offence of destroying etc. aircraft), for paragraphs (a) to (e) substitute—

CHILDREN ACT 1975 (c.72)

1

In Part II of Schedule 1 (adoption orders)—

• (a) in paragraph 7(2)(a), for “the British Nationality Acts 1948 to 1965” substitute “the British Nationality Act 1981”; and

• (b) in paragraph 7(2)(d), for “citizenship of the United Kingdom and Colonies” substitute “British citizenship, British Dependent Territories citizenship or British Overseas citizenship”.

2

In Schedule 2 (status conferred in Scotland by adoption)—

• (a) in paragraph 1(4)(a), for “the British Nationality Acts 1948 to 1965 ” substitute “the British Nationality Act 1981”; and

• (b) in paragraph 1(4)(a*), for “citizenship of the United Kingdom and Colonies” substitute “British citizenship, British Dependent Territories citizenship or British Overseas citizenship”.

ADOPTION ACT 1976 (c.36)

In section 47(2) (nationality enactments)—

NATIONAL HEALTH SERVICE ACT 1977 (c.49)

In paragraph 3 of Schedule 11 (territorial extent)—

SOLOMON ISLANDS ACT 1978 (c.15)

In section 6 (construction of nationality provisions)—

ADOPTION (SCOTLAND) ACT 1978 (c.28)

In section 41(2) (nationality enactments)—

NATIONAL HEALTH SERVICE (SCOTLAND) ACT 1978 (c.29)

In paragraph 3 of Schedule 10 (territorial extent)—

STATE IMMUNITY ACT 1978 (c.33)

In section 4(5) (definition of “national of the United Kingdom ”), for the words from “means ” onwards substitute " means—

DEEP SEA MINING (TEMPORARY PROVISIONS) ACT 1981 (c. 53)

1

In section 1 (prohibition of unlicensed deep sea mining)—

• (a) in subsection (4), for “citizen of the United Kingdom and Colonies” substitute “ United Kingdom national ” ;

• (b) in subsection (5)(a), for “citizens of the United Kingdom and Colonies” and “such citizens” substitute respectively “ United Kingdom nationals ” and “ such nationals ” ; and

• (c) in subsection (6), for the words from “and references” onwards substitute—

“United Kingdom national” means— (a) a British citizen, a British overseas territories citizen or a British Overseas citizen ; (b) a person who under the British Nationality Act 1981 is a British subject ; or (c) a British protected person (within the meaning of that Act).

2

In section 14(3) (persons who may be guilty of offences under regulations), for “a citizen of the United Kingdom and Colonies” substitute “ a British citizen, a British overseas territories citizen or a British Overseas citizen ”.

SCHEDULE 8

Applications for naturalisation or registration pending at commencement

1

• (1) This paragraph applies to any application—

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

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

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

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

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

• (b) this Act shall not apply;

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

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

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

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

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

2

Where a person who has been registered or to whom a certificate of naturalisation has been granted before the passing of this Act has at commencement not yet taken the oath of allegiance, paragraph 1(2) shall apply as if the application on which he was registered or the certificate was granted were an application to which paragraph 1 applies.

Registration at U.K. consulate, after commencement, of certain births occurring in foreign countries less than a year before commencement

3

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

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

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

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

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

• (3) References in this paragraph to the 1948 Act are references to that Act as in force at the time of the birth in question.

Declarations by certain persons who by virtue of an Order in Council under section 4 of the Cyprus Act 1960 have ceased to be citizens of the United Kingdom and Colonies

4

• (1) Where—

• (a) a person has before commencement duly made a declaration under section 4(2) of the 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.

SCHEDULE 9

Acquisition by birth or adoption.

4A

• (1) If an application is made to register as a British citizen a person who is a British overseas territories citizen, the Secretary of State may if he thinks fit cause the person to be so registered.

• (2) Subsection (1) does not apply in the case of a British overseas territories citizen who—

• (a) is such a citizen by virtue only of a connection with the Sovereign Base Areas of Akrotiri and Dhekelia; or

• (b) has ceased to be a British citizen as a result of a declaration of renunciation.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4B

• (1) This section applies to a person who has the status of—

• (a) British Overseas citizen,

• (b) British subject under this Act, . . .

• (c) British protected person., or

• (d) British National (Overseas)

• (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 the relevant day renounced, voluntarily relinquished or lost through action or inaction any citizenship or nationality

• (3) For the purposes of subsection (2)(c), the “ relevant day ” means—

• (a) in the case of a person to whom this section applies by virtue of subsection (1)(d) only, 19th March 2009, and

• (b) in any other case, 4th July 2002.

4C

• (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 . . . before 1st January 1983.

• (3) The second condition is that the applicant would at some time before 1st January 1983 have become a citizen of the United Kingdom and Colonies—

• (a) under section 5 of, or paragraph 3 of Schedule 3 to, the 1948 Act if assumption A had applied,

• (b) under section 12(3), (4) or (5) of that Act if assumption B had applied and as a result of its application the applicant would have been a British subject immediately before 1st January 1949, or

• (c) under section 12(2) of that Act if one or both of the following had applied—

• (i) assumption A had applied;

• (ii) assumption B had applied and as a result of its application the applicant would have been a British subject immediately before 1st January 1949.

• (3A) Assumption A is that—

• (a) section 5 or 12(2) of, or paragraph 3 of Schedule 3 to, the 1948 Act (as the case may be) provided for citizenship by descent from a mother in the same terms as it provided for citizenship by descent from a father, and

• (b) references in that provision to a father were references to the applicant's mother.

• (3B) Assumption B is that—

• (a) a provision of the law at some time before 1st January 1949 which provided for a nationality status to be acquired by descent from a father provided in the same terms for its acquisition by descent from a mother, and

• (b) references in that provision to a father were references to the applicant's mother.

• (3C) For the purposes of subsection (3B), a nationality status is acquired by a person (“P”) by descent where its acquisition—