APPENDIX II - ENGLISH ACTS APPLICABLE TO HONG KONG

APPENDIX II - ENGLISH ACTS APPLICABLE TO HONG KONG

LAWS OF HONG KONG

ENGLISH ACTS APPLICABLE TO HONG KONG

APPENDIX II





APPENDIX III

ENGLISH ACTS APPLICABLE TO HONG KONG BY VIRTUE OF
THE TERMS THEREOF OR MADE APPLICABLE BY ORDERS
IN COUNCIL OR ORDINANCES

[Acts are not reprinted in this Appendix unless otherwise indicated.]
N.B. IT MUST BE EMPHASIZED THAT THE LIST HEREUNDER IS PURELY FOR REFERENCE PURPOSES AND
HAS NO LEGISLATIVE EFFECT.

1 2 3
Session and Chapter Title or Short title Application
1 . 42 Geo. 3 c. 85 Criminal Jurisdiction Act 1802. Applies to officers in public
service anywhere outside
United Kingdom.
2. 5 Geo. 4 c. 113 Slave Trade Act 1824. Applies to any Colony.
3. 3 & 4 Will. 4 c. 41 Judicial Committee Act 1833. Appeals from any Colony.
4. 6 & 7 Vict. c. 38 Judicial Committee Act 1843. Appeals from any Colony.
5. 6 & 7 Vict. c. 98 Slave Trade Act 1843. Applies to any Colony.
6. 7 & 8 Vict. c. 69 Judicial Committee Act 1844. Appeals from any Colony.
7. 12 & 13 Vict. c. 96 Admiralty Offences (Colonial) Act Applies to any Colony.
1849.
8. 13 & 14 Vict. c. 26 Piracy Act 1850. Confers jurisdiction on
Supreme Court.
9. 14 & 15 Vict. c. 99 Evidence Act 185 1. (Sections 7, 11 Applies to any Colony.
& 19).
10. 16 & 17 Vict. c. 49 Colonial Bishops Act 1853. Applies to any Colony.
11. 22 & 23 Vict. c. 12 Colonial Affidavits Act 1859. Applies to any Colony.
12. 22 & 23 Vict. c. 63 British Law Ascertainment Act Applies to any Colony.
1859.
13. 23 & 24 Vict. c. 122 Admiralty Offences (Colonial) Act Applies to any Colony.
1860.
14. 25 & 26 Vict. c. 20 Habeas Corpus Act 1862. Applies to any Colony.
15. 27 & 28 Vict. c. 25 Naval Prize Act 1864. Confers jurisdiction on
Supreme Court.
16. 28 & 29 Vict. c. 63 Colonial Laws Validity Act 1865. Applies to any Colony.
17. 28 & 29 Vict. c. 64 Colonial Marriages Act 1865. Applies to any Colony.
18. 31 & 32 Vict. c. 37 Documentary Evidence Act 1868. Applies to any Colony.
19. 32 & 33 Vict. c. 10 Colonial Prisoners Removal Act Applies to any Colony.
1869.
20. 33 & 34 Vict. c. 52 Extradition Act 1870. Applies to any Colony.
(See Order in Council of
20 March 1877, for Hong
Kong).





1 2 3
Session and Chapter Title or Short title Application
21. 33 & 34 Vict. c. 90 Foreign Enlistment Act 1870. Applies to any Colony.
22. 36 & 37 Vict. c. 60 Extradition Act 1873. Applies to any Colony.
23. 37 & 38 Vict. c. 27 Courts (Colonial) Jurisdiction Act Applies to any Colony.
1874.
24. 37 & 38 Vict. c. 77 Colonial Clergy Act 1874. Applies to any Colony.
25. 40 & 41 Vict. c. 59 Colonial Stock Act 1877. Applies to any Colony.
26. 41 & 42 Vict. c. 73 Territorial Waters Jurisdiction Act Applies to any Colony.
1878.
27. 45 & 46 Vict. c. 9 Documentary Evidence Act 1882. Applies to any Colony.
28. 47 & 48 Vict. c. 31 Colonial Prisoners Removal Act Applies to any Colony.
1884.
29. 48 & 49 Vict. c. 49 Submarine Telegraph Act 1885. Applies to any Colony.'
30. 49 & 50 Vict. c. 48 Medical Act 1886 Second Part. Applied to Hong Kong by
S.R. & 0. 1913 No. 324.
31. 50 & 51 Vict. c. 54 British Settlements Act 1887. Applies to any Colony.
32. 53 & 54 Vict. c. 37 Foreign Jurisdiction Act 1890. Applies to any Colony.
(Sections 6 & 9).
33. 55 & 56 Vict. c. 6 Colonial Probates Act 1892. Applied to Hong Kong by
S.I. 1965 No. 1530.
34. 55 & 56 Vict. c. 23 Foreign Marriage Act 1892. Applied to Hong Kong by
S.R. & 0. 1903 No. 215.
Now see S.I. 1970 No.
1539.
35. 55 & 56 Vict. c. 35 Colonial Stock Act 1892. Applies to any Colony.
36. 56 & 57 Vict. c. 5 Regimental Debts Act 1893. Applies to any Colony.
37. 57 & 58 Vict. c. 39 Prize Courts Act 1894. Jurisdiction under Act
conferred on Supreme
Court by Warrant dated
17.8.1899.
38. 57 & 58 Vict. c. 60 Merchant Shipping Act 1894 (and Parts apply to any Colony
Merchant Shipping Acts 1894 to and parts may be applied,
1979).
39. 58 & 59 Vict. c. 34 Colonial Boundaries Act 1895. Applies to any Colony.
40. 58 & 59 Vict. c. 44 Judicial Committee Amendment Act Applies to Colonial Chief
1895. Justices or judges.
41. 1 Edw. 7 c. 5Demise of the Crown Act 1901. Applies to any Colony.
42. 6 Edw. 7 c. 15Extradition Act 1906.Applies to any Colony.
43. 7 Edw. 7 c. 16Evidence (Colonial Statutes) Act Applies to any Colony.
1907.





1 2 3
Session and Chapter Title or Short title Application
44. 8 Edw. 7 c. 51 Appellate Jurisdiction Act 1908. Applies to any British
possession.
45. 1 & 2 Geo. 5 c. 28 Official Secrets Act 1911. Applies to any Colony.
46. 1 & 2 Geo. 5 c. 57 Maritime Conventions Act 1911. Applies to any Colony.
47. 2 & 3 Geo. 5 c. 10 Seal Fisheries (North Pacific) Act Applied to Hong Kong by
1912. S.R. & 0. 1913 No. 488.
48. 4 & 5 Geo. 5 c. 13 Prize Courts (Procedure) Act 1914. Applies to any Prize Court.
49. 4 & 5 Geo. 5 c. 59 Bankruptcy Act 1914. (Section 122). Applies to any Courts in a
Colony having
bankruptcy jurisdiction.
50. 5 & 6 Geo. 5 c. 40 Marriage of British Subjects Applied to Hong Kong by
(Facilities) Act 1915. (Section 1). S.R. & 0. 1916 No. 555.
51. 5 & 6 Geo. 5 c. 57 Prize Courts Act 1915. Applies to any Prize Court.
52. 6 & 7 Geo. 5 c. 2 Naval Prize (Procedure) Act 1916. Applies to any Prize Court.
53. 6 & 7 Geo. 5 c. 21 Marriage of British Subjects Applies to Hong Kong by
(Facilities) Amendment Act 1916. virtue of application of
Marriage of British
Subjects (Facilities) Act
1915, Section 1.
54. 10 & 11 Geo. 5 c. 33 Maintenance Orders (Facilities for Extended to Hong Kong by
Enforcement) Act 1920. S.R. & 0. 1959 No. 377.
55. 10& 11 Geo. 5c.75 Official Secrets Act 1920. Applies to any Colony.
56. 10& 11 Geo. 5c.81 Administration of Justice Act 1920. Extended to Hong Kong by
(Part 11). S.R. & 0. 1922 No. 353.
57. 15 & 16 Geo. 5 c. 42 Merchant Shipping (International Applied to Hong Kong
Labour Conventions) Act 1925. registered ships by S.R.
& 0. 1936 No. 194.
58. 16 & 17 Geo. 5 c. 40 Indian and Colonial Divorce Applied to Hong Kong by
Jurisdiction Act 1926. (Section 1). S.R. & 0. 1935 No. 836.
59. 21 & 22 Geo. 5 c. 7 China Indemnity (Application) Act Applies to payments to the
1931. Hong Kong University.
60. 21 & 22 Geo. 5 c. 9 Colonial Naval Defence Act 193 1. Applies to any Colony.
(Approved and
authorized in respect of
Hong Kong by S.R. & 0.
1939 No. 157. See also
S.I. 1952 No. 155).
61. 22 & 23 Geo. 5 c. 9 Merchant Shipping (Safety and Extended and applied to
Load Line Conventions) Act Hong Kong by S.R. &
1932. Os. 1935 No. 692 and
1935 No. 693.





1 2 3
Session and Chapter Title or Short title Application
62. 22 & 23 Geo. 5 c. 39 Extradition Act 1932. Applies to any Colony.
63. 23 & 24 Geo. 5 c. 4 Evidence (Foreign, Dominion and Has efrect in any Colony, by
Colonial Documents) Act 1933. virtue of section 11 of
Evidence Act 1851.
64. 23 & 24 Geo. 5 c. 6 Visiting Forces (British Applied to Hong Kong by
Commonwealth) Act 1933. S.R. & 0. 1940 No. 1373.
65. 23 & 24 Geo. 5 c. 13 Foreign Judgments (Reciprocal Applied to Hong Kong by
Enforcement) Act 1933. S.R. & 0. 1933 No. 1073,
but not extended.*
66. 24 & 25 Geo. 5 c. 49 Whaling Industry (Regulation) Act Extended to Hong Kong by
1934. S.R. & 0. 1936 No. 716.
67. 25 & 26 Geo. 5 c. 25 Counterfeit Currency (Convention) Applies to any Colony.
Act 1935.
68. 2 & 3 Geo. 6 c. 65 Prize Act 1939. Applies to any Colony.
69. 3 & 4 Geo. 6 c. 35 Indian and Colonial Divorce Applies to Hong Kong by
Jurisdiction Act 1940. virtue of application of
Indian and Colonial
Divorce Jurisdiction Act
1926.
70. 7 & 8 Geo. 6 c. 7 Prize Salvage Act 1944. Applies to any Colony.
71. 9 & 10 Geo. 6 c. 7 British Settlements Act 1945. Applies to any Colony.
72. 10 & 11 Geo. 6 c. 33 Foreign Marriage Act 1947. Applies by virtue of
application of Foreign
Marriage Act 1892.
73. 12,13 & 14 Geo. 6 c. 1 Colonial Stock Act 1948. Applies to any Colony.
74. 12,13 & 14 Geo. 6 Colonial Naval Defence Act 1949. Applies to Hong Kong by
c. 18 virtue of application of
Colonial Naval Defence
Act 1931.
75. 12, 13 & 14 Geo. 6 Merchant Shipping (Safety Extended to Hong Kong by
c. 43 Convention) Act 1949. S.I. 1953 No. 592.
Applied to British ships
registered in Hong Kong
by S.I. 1953 No. 593.
76. 12, 13 & 14 Geo. 6 Wireless Telegraphy Act 1949. Applied to Hong Kong by
c. 54 S.I. 1954 No. 488.
77. 12,13 & 14 Geo. 6 Civil Aviation Act 1949. Extended to Hong Kong by
c. 67 S.I. 1952 No. 868.
(See also Civil Aviation
Act 1982 Sch. 14 para.
4(2) & (3))
*See Yukon Consolidated Gold Corporation, Ltd. v. Clark, [1938] K.B. 241; [1938] 1 All E.R.
366.





1 2 3
Session and Chapter Title or Short title Application
78. 14 Geo. 6 c. 20 Colonial and Other Territories Applies to Hong Kong by
(Divorce Jurisdiction) Act 1950. virtue of application of
Indian and Colonial
Divorce Jurisdiction Acts
1926 and 1940.
79. 14 & 15 Geo. 6 c. 46 Courts-Martial (Appeals) Act 195 1. Applies to persons
convicted by
courts-martial held in
Hong Kong.
80. 15 & 16 Geo. 6 c. 6 Japanese Treaty of Peace Act 195 1. Applied to Hong Kong by
S-1. 1952 No. 862.
81. 15 & 16 Geo. 6 & 1 Visiting Forces Act 1952. Applied to Hong Kong by
Eliz. 2 c. 67 S.I. 1954 No. 636.
82. 3 & 4 Eliz. 2 c. 18 Army Act 1955. Parts apply to any Colony.
83. 3 & 4 Eliz. 2 c. 19 Air Force Act 1955. Parts apply to any Colony.
84. 4 & 5 Eliz. 2 c. 46 Administration of Justice Act 1956. Extended to Hong Kong by
S.I. 1962 No. 1547.
85. 4 & 5 Eliz. 2 c. 74 Copyright Act 1956. Extended to Hong Kong by
S.I. 1972 No. 1724.
86. 5 & 6 Eliz. 2 c. 52 Geneva Conventions Act 1957. Applied to Hong Kong by
S.I. 1959 No. 130 1.
87. 5 & 6 Eliz. 2 c. 53 Naval Discipline Act 1957. Parts apply to any Colony.
See also S.I. 1959 No.
867.
88. 6 & 7 Eliz. 2 c. 62 Merchant Shipping (Liability of Extended to Hong Kong by
Shipowners and Others) Act 1958. S.I. 1963 No. 1632.
89. 8 & 9 Eliz. 2 c. 38 Civil Aviation (Licensing) Act 1960. May be applied to any
Colony. Presently applied
to Colonial-Registered
Aircraft only by S.I. 1963
No. 1978.
(See also Civil Aviation
Act 1982 Sch. 14 para.
4(2) & (3) )
90. 9 & 10 Eliz. 2 c. 27 Carriage by Air Act 1961. Some sections extended and
some applied to Hong
Kong by S.I. 1967 Nos.
809 & 810.
91. 9 & 10 Eliz. 2 c. 52 Army and Air Force Act 1961. Parts apply to any Colony.
92. 10&IIEliz.2c.21 Commonwealth Immigrants Act Applies to any
1962. Commonwealth citizen
which includes a citizen
of U.K. and Colonies.





1 - 2 3
Session and Chapter Title or Short title Application
93.10 & 11 Eliz. 2 c. 43 Carriage by Air (Supplementary Some sections extended and
Provisions) Act 1962. some applied to Hong
Kong by S.I. 1967 Nos.
809 & 810.
94. 1963 c. 27 0aths and Evidence (Overseas Section 4 applies to any
Authorities and Countries) Act Colony by virtue of
1963. section 1 of Foreign
Tribunals Evidence Act
1856, and section 5 has
effect in any Colony by
virtue of section 11 of
Evidence Act 1851.
95.1964 c. 34 Criminal Procedure (Right of Applies to Hong Kong by
Reply) Act 1964. virtue of section 17 of the
Supreme Court
Ordinance, Chapter 4.
96.1964 c. 47 Merchant Shipping Act 1964. Extended to Hong Kong by
S.I. 1965 No. 2011.
97.1964 c. 81 Diplomatic Privileges Act 1964. Has effect in Hong Kong by
virtue of section 6 of the
Diplomatic Privileges
Ordinance, Chapter 190.
98.1965 c. 47 Merchant Shipping Act 1965. Extended to Hong Kong by
S.I. 1967 No. 1764.
99.1965 c. 57 Nuclear Installations Act 1965. Extended to Hong Kong by
S.I. 1972 No. 126.
100. 1965 c. 74 Superannuation Act 1965, Applies to any Colony.
101. 1966 c. 29 Singapore Act 1966. (Section 1(3) May be extended by 0. in
C. if applicable.
102. 1966 c. 41 Arbitration (International Extended to Hong Kong by
Investment Disputes) Act 1966. S.I. 1967 No. 159.
103. 1967 No. 3 Overseas and Other Clergy Applies to overseas
(Ministry and Ordination) clergymen and bishops.
Measure Act 1967.
104. 1967 c. 27 Merchant Shipping (Load Lines) Extended to Hong Kong by
Act 1967. S.I. 1970 No. 285.
105. 1967 c. 52 Tokyo Convention Act 1967. Extended to Hong Kong by
S.I. 1968 No. 1864.
106. 1967 c. 68 Fugitive Offenders Act 1967. Extended to Hong Kong by
S.I. 1967 No. 1911.
107. 1970 c. 36 Merchant Shipping Act 1970. Extended to Hong Kong by
S.I. 1982 No. 710.





1 2 3
Session and Chapter Title or Short title Application
108. 1971 c. 19 Carriage of Goods by Sea Act 197 1. Extended to Hong Kong by
S.I. 1980 No. 1508.
109. 1971 c. 59 Merchant Shipping (Oil Pollution) Extended to Hong Kong by
Act 1971. S.I. 1975 No. 2169.
110. 1971 c. 60 Prevention of Oil Pollution Act Applied to British ships
1971. registered in Hong Kong
by S.I. 1963 No. 788.
Extended to Hong Kong
by S.I. 1979 No. 1452.
Applied by S.I. 1979 No.
1453 to ships not
registered in Hong Kong
and which are outside
territorial waters of Hong
Kong where the
Governor is satisfied that
section 12(1) applies.
111. 1971 c. 70 Hijacking Act 197 1. Extended to Hong Kong by
S.I. 1971 No. 1739.
(See also Aviation
Security Act 1982 s. 39)
112. 1971 c. 75 Civil Aviation Act 1971. Extended to Hong Kong by
S.I. 1973 No. 1891; S.I.
1976 No. 1912.
(See also Civil Aviation
Act 1982 Sch. 14 para.
4(2) & (3))
113. 1973 c. 47 Protection of Aircraft Act 1973. Extended to Hong Kong by
S.I. 1973 No. 1757.
(See also Aviation
Security Act 1982 s. 39)
114. 1974c.20 Dumping at Sea Act 1974. Extended to Hong Kong by
S.I. 1975 No. 1831.
115. 1974 c. 43 Merchant Shipping Act 1974. Extended to Hong Kong by
S.I. 1975 No. 2169.
116. 1975 c. 34 Evidence (Proceedings in Other Extended to Hong Kong by
Jurisdictions) Act 1975. (Section S.I. 1977 No. 589.
8(2), (3), (4) & Schedule 2).
117. 1976 c. 28 Congenital Disabilities (Civil Extended to Hong Kong by
Liability) Act 1976. S.I. 1983 No. 1890.
118. 1978 c. 17 Internationally Protected Persons Extended to Hong Kong by
Act 1978. S.I. 1979 No. 456.
119. 1978 c. 33 State Immunity Act 1978. Extended to Hong Kong by
S.I. 1979 No. 458.





1 2 3
Session and Chapter Title or Short title Application
120. 1979 c. 39Merchant Shipping Act 1979.Extended to Hong Kong by
S.I. 1980 No. 1514.
121. 1981 c. 61British Nationality Act 198 1.Extended to all dependent
territories.
122. 1984 c. 47Repatriation of Prisoners Act 1984. Extended to Hong Kong by
S.I. 1986 No. 2226.
123. 1985 c. 15tHong Kong Act 1985. Applied to Hong Kong.
124. 1985 c. 41Copyright (Computer Software)Extended to Hong Kong by
Amendment Act 1985. S.I. 1987 No. 2200.
125. 1988 c. 8 Multilateral Investment Guarantee Extended to Hong Kong by
Agency Act 1988. 5.1. 1988 No. 791.

* Reprinted for ease of reference-see App. 11, pp. A 1 et seq.
* Reprinted for case of reference-see App. 11, pp. B 1 et seq.





BRITISH NATIONALITY ACT 1981

ARRANGEMENT OF SECTIONS
PART I
BRITISH CITIZENSHIP
Section ......................Page
Acquisition after commencement
1.....................Acquisition by birth or adoption ... ... ... ... ... ... ... ... ... A 4
2...............Acquisition by descent .... ... ... ... ... ... ... ... ... ... ... ; A 5
3.....................Acquisition by registration: minors ... ... ... ... ... ... ... ... ... A 6
4. Acquisition by registration: British Dependent Territories citizens etc . ... ... ... A 7
5. Acquisition by registration: nationals for purposes of the Community Treaties ... A 8
6. Acquisition by naturalization ... ... ... ... ... ... ... ... ... ... ... A 8

Acquisition after commencement: special cases
7. Right to registration by virtue of residence in U.K. or relevant employment ... A 9
8. Registration by virtue of marriage ... ... ... ... ... ... ... ... ... ... A 10
9. Right to registration by virtue of father's citizenship etc. ... ... ... ... ... A 11
10. Registration following renunciation of citizenship of U.K. and Colonies ... ... A 12

Acquisition at commencement
11. Citizens of U.K. and Colonies who are to become British citizens at
commencement .............................. ... ... ... ... ... ... A 13

Renunciation and resumption
12...........Renunciation .................... .... ... ... ... ... ... ... A 14
13.........Resumption ........................ ... ... ... ... ... ... ... ... ... A 14

Supplementary


14......................Meaning of British citizen 'by descenC ... ...

PART II
BRITISH DEPENDENT TERRITORIES CITZENSHIP

Acquisition after commencement

15....................Acquisition by birth or adoption ... ... ... ... ... ... ..
16..............Acquisition by descent .... ... ... ... ... ... ... ... ... ... ... ... A 17
17....................Acquisition by registration: minors ... ... ... ... ... ... ... ... ... A 18
18..................Acquisition by naturalization ... ... ... ... ... ... ... ... ... ... A 19

Acquisition after commencement: special cases
19.............................Right to registration by virtue of residence in dependent territory ... ... A 20
20...............Registration by virtue of marriage ... ... ... ... ... ... ... ... ... A 20
21......................Right to registration by virtue of father's citizenship etc. ... ... ... ... A 21
22. Right to registration replacing right to resume citizenship of U.K. and Colonies A.21





Section Page
Acquisition at commencement
23. Citizens of U.K. and Colonies who are to become British Dependent Territories
citizens at commencement ... ... ... ... ... ... ... ... ... ... ... A 22

Renunciation and resumption
24. Renunciation and resumption ... ... ... ... ... ... ... ... ... ... ... A 24

Supplementary
25. Meaning of British Dependent Territories citizen 'by descent' - ... ... A 24

PART III
BRITISH OVERSEAS CITIZENSHIP
26.Citizens of U.K. and Colonies who are to become British Overseas citizens at
commencement .................................. ... ... ... .... ... A 26
27............Registration of minors ...... ... ... ... ... ... ... ... ... ... ... ... A 26
28.....................Registration by virtue of marriage ... ... ... ... ... ... .. ... A27
29............Renunciation ...................... ... ... ... ... ... ... ... ... A 28

PART IV
BRITISH SUBJECTS
30.Continuance as British subjects of existing British subjects of certain
descriptions ............................ ... ... ... ... A 28
31....................................Continuance as British subjects of certain former citizens of Eire. .. A 28
32..............Registration of minors .... ... ... ... ... * ... ... ... ... ... ... A 29
33. Registration of certain alien women entitled to registration as British subjects
immediately before commencement ......... ... ... ... ... ... A 29
34............Renunciation ...................... ... ... ... ... ... ... ... A 29
35. Circumstances in which British subjects are to lose that status ... ... ... ... A 29

PART V
MISCELLANEOUS AND SUPPLEMENTARY
36....................Provisions for reducing statelessness .... ... ... ... ... ... ... ... ... A 29

37................Commonwealth citizenship ... ... ... ... ... ... ... ... ... --- A 29
38................British protected persons ... ... ... ... ... ... ... ... ... ... ... A 30
39.........................Amendment of Immigration Act 1971 - ... ... ... ... ... ... ... A 30
40................Deprivation of citizenship ... ... ... ... ... ... ... ... ... ... ... A 32
41....................Regulations and Orders in Council ... ... ... ... ... ... ... ... ... A 34
42...........................Registration and naturalization: general provisions ... ... ... ... ... ... A 36
43............................Exercise of functions of Secretary of State by Governors and others ... ... A 37
44.......................Decisions involving exercise of discretion ... ... ... ... ... ... ... ... A38
45.........Evidence ....................... ... ... ... ... ... ... ... ... ... A38
46................Offiences and proceedings ... ... ... ... ... ... ... ... ... ... ... A38
47................Legitimated children .... ... ... ... ... ... ... ... ... ... ... A 39
48................Posthumous children ..... ... ... ... .... ... ... ... ... ... ... A 40
49. Registration and naturalization under British Nationality Acts 1948 to 1965 ... A 40





Section Page
50. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 41

51. Meaning ofcertain expressions relating to nationality in other Acts and instruments ... A 45

52. Consequential amendments, transitional provisions, repeals and savings ... ... A 47

53. Citation, commencement and extent ..... ... ... ... ... ... ... ... ... A 48

SCHEDULES

Schedule 1 Requirements for naturalization .... ... ... ... ... ... ... .... ... A 48
Schedule 2 Provisions for reducing statelessness ... ... ... ... ... ... ... ... A 52

Schedule 3 Countries whose citizens are Commonwealth citizens ... ... ... ... ... A 54

Schedule 4 Amendments of Immigration Act 1971 ... ... ... ... ... ... ... ... A 55

Schedule 5 Form of oath of allegiance ......... ... ... ... ... ... ... ... ... A 56
Schedule 6 British Dependent Territories ...... ... ... ... ... ... ... ... ... ... A 56
Schedule 7 Consequential amendments ........ ... ... ... .... ... ... ... ... A 56

Schedule 8 Transitional provisions ......... ... ... ... ... ... ... ... ... ... A 61

Schedule 9 Repeals ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 63





BRITISH NATIONALITY ACT 1981

(Chapter 61)

An Act to make fresh provision about citizenship and nationality,
and to amend the Immigration Act 1971 as regards the right of
abode in the United Kingdom.

[30 October 1981.]

BE IT ENACTED by the Queen's most Excellent Majesty, by and
with the advice and consent of the Lords Spiritual and Temporal,
and Commons, in this present Parliament assembled., and by the
authority of the same, as follows:-

PART I

BRITISH CITIZENSHIP

Acquisition after commencement


1. (1) A person born in the United Kingdoin after com-
mencement shall be a British citizen if at the time of the birth his
father or mother is-

(a) a British citizen; or

(b) settled in the United Kingdom.

(2) A new-born infant who. after commencement. is found
abandoned in the United Kingdom shall. unless the contrary is
shown. be deemed for the purposes of subsection (1)-

(a)to have been born in the United Kingdom after com-
mencement; and

(b)to have been born to a parent who at the time of the birth
was a British citizen or settled in the United Kingdom.

(3) A person born in the United Kingdom after commence-
ment who is not a British citizen by virtue of subsection (1) or (2)
shall be entitled to be registered as a British citizen if, while he is a
minor-

(a) his father or mother becomes a British citizen or becomes
settled in the United Kingdom; and

(b)an application is made for his registration as a British
citizen.

(4) A person born in the United Kingdom after commence-
ment who is not a British citizen by virtue of subsection (1) or (2)
shall be entitled, on an application for his registration as a British
citizen made at any time after he has attained the age of ten years, to





be registered as such a citizen if, as regards each of the first ten years
of that person's life, the number of days on which he was absent
from the United Kingdom in that year does not exceed 90.

(5) Where after commencement an order authorizing the adop-
tion of a minor who is not a British citizen is made by any court in
the United Kingdom, he shall be a British 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 citizen on that date.

(6) Where an order in consequence of which any person
became a British citizen by virtue of subsection (5) ceases to have
effect, whether on annulment or otherwise, the cesser shall not affect
the status of that person as a British citizen.

(7) If in the special circumstances of any particular case the
Secretary of State thinks fit, he may for the purposes of subsec-
tion (4) treat the person to whom the application relates as fulfilling
the requirement specified in that subsection although. as regards any
one or more of the first ten years of that person's life, the number of
days on which he was absent from the United Kingdom in that year
or each of the years in question exceeds 90.

(8) In this section and elsewhere in this Act -settled- has the
meaning given by section 50.

2. (1) A person born outside the United Kingdoin after
c
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
Kindgom in service to which this paragraph applies. his or
her recruitment for that service having taken place in the
United Kingdom; or

(c)is a British citizen and is serving outside the United
Kingdom 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 King-
dom; 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 of Her Majesty's government
in the United Kingdom.





(4) Any order made under subsection (3) shall be subject to
annulment in pursuance of a resolution of either House of Parlia-
ment.

3. (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 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 becorne 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 at
the beginning of that period, and
(ii) the number of days on which the parent in question
was absent from the United Kingdom 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 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 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 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 pre-
scribed manner.

(6) In the case of an application under subsection (5) for the
registration of a person as a British citizen-

(a)if his father or mother died, or their marriage was termi-
nated, on or before the date of the application, or his father
and mother were legally separated on that date, the refer-
ences to his father and mother in paragraph (b) of that
subsection shallbe read either as references to his father or
as references to his mother;

(b)if his father or mother died on or before that date, the
reference to his father and mother in paragraph (c) of that
subsection shall be read as a reference to either of them;
and

(c)if he was born illegitimate, all those references shall be read
as references to his mother.

4. (1) This section applies to any person who is a British
Dependent Territories citizen, 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
restricition 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 immigra-
tion laws.

(3) So much of subsection (2)(a) as requires the person in
question to have been in the United Kingdom at the beginning of the
period there mentioned shall not apply in relation to a person who
was settled in the United Kingdom immediately before commence-
Ment.





(4) If in the special circumstances of any particular case the
Secretary of State thinks fit, he may for the purposes of subsec-
tion (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 subsec-
tion (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 subsec-
tion (2)(c), not being a restriction to which that person was
subject on the date of the application;

(c)treat that person as fulfilling the requirement specified in
subsection (2)(d) although he was in the United. Kingdom
in breach of the immigration laws in the period there
mentioned.

(5) If, on an application for registration as a British citizen
made by a person to whom this section applies, the Secretary of
State is satisfied that the applicant has at any time served in service
to which this subsection applies, he may, if he thinks fit in the special
circumstances of the applicant's case, cause him to be registe red as
such a citizen.

(6) Subsection (5) applies to-

(a)Crown service under the 'government of a dependent
territory; and

(b)paid or unpaid service (not falling within paragraph (a)) as
a member of any body established by law in a dependent
territory members of which are appointed by or on behalf
of the Crown.

5. A British Dependent 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.

6. (1) If, pn an application for naturalization 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 naturalization as such a citizen under this subsection,
he may, if he thinks fit, grant to him a certificate of naturalization as
such a citizen.

(2) If, on an application for naturalization 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
naturalization as such a citizen under this subsection, he may, if he
thinks fit, grant to him a certificate of naturalization as such a citizen.





Acquisition after commencement: special cases

7. (1) A person shall be entitled, on an application for his
registration as a British citizen made (subject to subsections (6) and
(7) within five years after commencement, to be registered as such a
citizen if either of the following requirements is satisfied in his case,
namely-

(a)that, if paragraphs 2 and 3 (but not paragraph 4 or 5) of
Schedule 1 to the Immigration Act 1971 had remained in
force, he would (had he applied for it) have been, on the-
date of the application under this subsection, entitled under
the said paragraph 2 to be registered in the United King-
dom as a citizen of the United Kingdom and Colonies. or

(b)that. if section 5A of the 1948 Act (and section 2 of the
Immigration Act 1971 as in force immediately before
commencement) had remained in force, he would (had he
applied for it) have been, both at commencement and on
the date of the application under this subsection. entitled
under section 5A(1) of the 1948 Act to be registered as a
citizen of the United Kingdom and Colonies.

(2) A person shall be entitled. on an applicatiod for his
recistration as a British citizen made (subject to subsection (8))
Within six years after commencement. to be registered as such a
citizen if he--

(a) was ordinarily resident in the United Kingdom throughout
a period ending at commencement but not amounting to
five years; and

(b) throughout the period from commencement to the date of
the application-
(i) remained ordinarily resident in the United Kingdom;
and
(ii) had the right of abode in the United Kingdom under
the Immigration Act 1971; and

(c)had on the date of the application been ordinarily resident
in the United Kingdom for the last five years or more.

(3) Subject to subsection (5), if, in the case of an application
for the registration of a person under subsection (2) as a British
citizen, that person has been engaged in relevant service throughout
any period (of whatever length), that period shall for the purposes
of subsection (2) be treated as a period throughout which he was
ordinarily resident in the United Kingdom.

(4) For the purposes of subsection (3) 'relevant service'
means-

(a)Crown service under the government of the United King-
dom; or





(b)service under any international organization of which the
United Kingdom or Her Majesty's government therein is a
member; or

(c)service in the employment of any company or association
established in the United Kingdom.

(5) A person shall not be registered under subsection (2)
wholly or partly by reason of service within subsection (4)(b) or (c)
unless it seems to the Secretary of State fitting that he should be
so registered by reason of his close connection with the United
Kingdom.

(6) If in the special circumstances of any particular case the
Secretary of State thinks fit, he may treat subsection (1) as if-

(a)the reference to five years after commencement were a
reference to eight years after commencement; or

(b)where subsection (7) applies, as if the reference to five years
from the date on which the person to whom the application
relates attains full age were a reference to eight years from
that date.

but shall not do so in the case of an application based on para-
graph (b) of subsection (1) unless the person to whom the application
relates would have been entitled to be registered under that subsec-
tion on an application so based made immediately before the end of
the five years after commencement.

(7) In the case of any person who is a minor at commence-
ment, the reference to five years after commencement in subsec-
tion (1) above shall be treated as a reference to five years from the
date on which he attains full age.

(8) 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 six years after commencement were a reference to eight
years after commencement.

8. (1) A woman who immediately before commencement
was the wife of a citizen of the United Kingdom and Colonies shall
be entitled, on an application for her registration as a British citizen
made within five years after commencement, to be registered as a
British citizen if-

(a)immediately before commencement she would (if she had
applied for it) have been entitled under section 6(2) of the
1948 Act to be registered as a citizen of the United
Kingdom and Colonies by virtue of.her marriage to the
man who was then her husband; and

(b)that man became a British citizen at commencement and
did not at any time in the period from commencement to
the date of the application under this subsection cease to be
such a citizen as a result of a declaration of renunciation;
and





(c) she remained married to him throughout that period.
(2) On an application for her registration as a British citizen
made within five years after commencement. the Secretary of State
may, if he thinks fit, cause a woman to be registered as such a citizen
if-
(a)immediately before commencement she would (if she had
applied for it) have been entitled under section 6(2) of the
1948 Act to be registered as a citizen of the United
Kingdom and Colonies by virtue of having been married
to a man to whom she is no longer married on the date of
the application under this subsection; and
(b)that man became a British citizen at commencement or
would have done so but for his death.
(3) On an application for her registration as a British citizen
made within five years after commencement by a woman who at the
time of the application is married, the Secretary of State may. if he
thinks fit, cause her to be registered as such a citizen if-
(a)immediately before commencement she would (if she had
applied for it) have been entitled under section 6(2) of the
1949 Act to be registered as a citizen of the United
Kingdom and Colonies by virtue of her being or having
been married to the rnan who is her husband on the date of
the application under this subsection, and
(b) that man either-
(i) became a British citizen at commencement but has
ceased to be such a citizen as a result of a declaration of
renunciation; or
(ii) would have become a British citizen at commence-
ment but for his having ceased to be a citizen of the United
Kingdom and Colonies as a result of a declaration of
renunciation.

9. (1) A person born in a foreign country within five years
after commencement 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-
(a)the requirements specified in subsection (2) are fulfilled in
the case of that person's father; and
(b)had that person been born before commencement and
become a citizen of the United Kingdom and Colonies by
virtue of section 5 of the 1948 Act (citizenship by descent)
as a result of the registration of his birth at a United
Kingdom consulate under paragraph (b) of the proviso to
section 5(1) of that Act, he would immediately before
commencement have had the right of abode in the United
Kingdom by virtue of section 2(1)(b) of the Immigration
Act 1971 as then in force (connection with United King-
dom through parent or grandparent).





(2) The requirements referred to in subsection (1)(a) are that
the father of the person to whom the application relates-

(a)immediately before commencement or at his death (which-
ever was earlier)-
(i) was a citizen of the United Kingdom and Colonies
by virtue of section 5 of the 1948 Act (citizenship by
descent) or 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; and
(ii) was married to that person's mother; and
(iii) was ordinarily resident in a foreign country (no
matter which) within the meaning of the 1948 Act.. and
(b) either-
(i) became a British citizen at commencement and
remained such a citizen throughout the period from com-
mencement to the date of the application or, if he died
during that period, throughout the period from commence-
ment to his death; or
(ii) would have become a British citizen at commence-
ment but for his death.

10. (1) Subject to subsection (3). a person shall be entitled. on
an application for his registration as a British citizen, to be registered
as such a citizen if immediately before commencement he would
(had he applied for it) have been entitled under section 1(1) of the
British Nationality Act 1964 (resumption of citizenship) to be
registered as a citizen of the United Kingdom and Colonies by virtue
of having an appropriate qualifying connection with the United
Kingdom or. if a woman, 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 registr ation 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)if a woman, 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 subsec-
tion (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 King-
dom if he. his father or his father's father-





(a) was born in the United Kingdom; or

(b) is or was a person naturalized 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.

Acquisition at commencement

11. (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
Kinedom and Colonies under section 1 of the British Nationality
(No. 21) 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 King-
dom and Colonies).

(3) A person who-

(a)immediately before commencement was a citizen of the
United Kingdom and Colonies by virtue of having been
,registered under subsection (6) of section 12 of the
1948 Act (British subjects before commencement of 1948
Act becoming citizens of United Kingdom and Colonies)
under arrangements made by virtue of subsection (7) of
that section (registration in independent Commonwealth
country by United Kingdom High Commissioner); and

(b)was so registered on an application under the said subsec-
tion (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 naturalization in the United Kingdom
and Colonies),

shall at commencement become a British citizen if the relevant
person was born or naturalized in the United Kingdom.





Renunciation and resumption

12. (1) If any British citizen of full age and capacity makes in
the prescribed manner a declaration of renunciation of British
citizenship, then, subject to subsections (3) and (4), the Secretary of
State shall cause the declaration to be registered.

(2) On the registration of a declaration made in pursuance of
this section the person who made it shall cease to be a British citizen.

(3) A declaration made by a person in pursuance of this
section shall not be registered unless the Secretary of State is satisfied
that the person who made it will after the registration have or
acquire some citizenship or nationality other than British citizen-
ship; 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 notwith-
standing 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.

13. (1) Subject to subsection (2), a person who has ceased to
be a British citizen as a result of a declaration of renunciation shall
be entitled, on an application for his registration as a British citizen,
to be registered as such a citizen if-

(a) he is of full capacity; and

(b) his renunciation of British citizenship was necessary to
enable him to retain or acquire some other citizenship or
nationality.
(2) A person shall not be entitled to registration under subsec-
tion (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.

Supplementary

14. (1) For the purposes of this Act a British citizen is a
British citizen 'by descenC 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 pur-
poses of the proviso to section 5(1) of the 1948 Act to be a
citizen of the United Kingdom and Colonies by descent
only, or would have been so deemed if male; or
(iii) had the right of abode in the United Kingdom by
virtue only of paragraph (b) of subsection (1) of section 2
of the Immigration Act 1971 as then in force (connection
with United Kingdom through parent or grandparent), or
by virtue only of that paragraph and paragraph (e) 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 King-
dom and Colonies as a result of her registration as such
a citizen under section 6(2) of the 1948 Act by virtue of
having been married to a man who at commencement
became a British citizen by descent or would have done so
but for his having died or ceased to be a citizen of the
United Kingdom and Colonies as a result of a declaration
of renunciation; or

(c) he is a British citizen by virtue of registration under
section 3(1) and either-
(i) his father or mother was a British citizen at the time
of the birth; or
(ii) his father or mother was a citizen of the United
Kingdom and Colonies at that time and became a British
citizen at commencement, or would have done so but for
his or her death; or

(d)he is a British citizen by virtue of registration under section
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 sec-
tion 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 dependent territory after com-
mencement 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 Com-
munities.

(3) The descriptions of service referred to in subsection (2)
are-
(a)Crown service under the government of the United King-
dom; and
(b)service of any description at any time designated under
section 2(3).

PART II

BRITISH DEPENDENT TERRITORIES CITIZENSHIP
Acquisition after commencement

15. (1) A person born in a dependent territory after com-
mencement shall be a British Dependent Territories citizen if at the
time of the birth his father or mother is-
(a) a British Dependent Territories citizen; or
(b) settled in a dependent territory.

(2) A new-born infant who, after commencement, is found
abandoned in a dependent 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 Dependent Territories citizen or settled in a
dependent territory.

(3) A person born in a dependent territory after commence-
ment who is not a British Dependent 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 dependent territory; and

(b) an application is made for his registration as such a citizen.

(4) A person born in a dependent territory after commence-
ment who is not a British Dependent Territories citizen by virtue of
subsection (1) or (2) shall be entitled, on an application for his
registration as a British Dependent 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 eacli 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) Whereafter commencement an order authorizing the adop-
tion of a minor who is not a British Dependent Territories citizen is
made by a court in any dependent territory. he shall be a British
Dependent Territories citizen as from the date on which the order is
made if the adopter or, in the case of a oint adoption. one of the
adopters, is a British Dependent Territories citizen on that date.

(6) Where an order in consequence of which any person
became a British Dependent Territories citizen by virtue of subsec-
tion (5) ceases to have effect, whether on annulment or otherwise, the
cesser shall not affect the status of that person as such a citizen.

(7) If in the special circumstances of any particular case the
Secretary 6f State thinks fit, he may for the purposes of subsec-
tion (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 dependent territory there
mentioned in that year or each of the years in question exceeds 90.

16. (1) A person born outside the dependent territories after
commencement shall be a British Dependent 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 dependent
territories in service to which this paragraph applies. his or
her recruitment for that service having taken place in a
dependent territory.
(2) Paragraph (b) of subsection (1) applies to-

(a)Crown service under the government of a dependent
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 dependent territories of the government of any depend-
ent territory.
(4) Any order made under subsection (3) shall be subject to
annulment in pursuance of a resolution of either House of Parlia-
ment.

17. (1) If while a person is a minor an application is made for
his registration as a British Dependent Territories citizen the Secre-
tary of State may, if he thinks fit, cause him to be registered as such a
citizen.
(2) A person born outside the dependent territories shall be
entitled, on an application for his registration as a British Depend-
ent Territories citizen made within the period of twelve months frorn
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 'Dependent
Territories citizen by descent at the time of the birth. and
(b) that the father or mother of the parent in question-
(1) was a British Dependent Territories citizen otherwise
than by descent at the time of the birth of the parent in
question; or
(ii) became a British Dependent Territories citizen other-
wise than by descent at commencement, or would have
become such a citizen otherwise than by descent at com-
mencement 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 dependent territory at
the beginning of tha i 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 dependent territories shall be
entitled, on an application for his registration as a British Depend-
ent 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 Dependent Territories citizen by descent; and

(b)subject to subsection (6), that that person and his father
and mother were in one and the same dependent 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 pre-
scribed manner.

(6) In the case of an application under subsection (5) for the
registration of a person as a British Dependent Territories citizen-

(a)if his father or mother died, or their marriage was termin-
ated, on or before the date of the application, or his father
and mother were legally separated on that date, the refer-
ences to his father and mother in paragraph (b) of that
subsection shall be read either as references to his father or
as references to his mother;

(b)if his father or mother died on or before that date. the
reference to his father and mother in paragraph (c) of that
subsection shall be read as a reference to either of them;
and

(c)if he was born illegitimate, all those references shall be read
as references to his mother.

18. (1) If, on an application for naturalization as a British
Dependent 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 naturalization as such a citizen
under this subsection, he may, if he thinks fit, grant to him a
certificate of naturalization as such a citizen.

(2) If, on an application for naturalization as a British Depend-
ent 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 require-
ments of Schedule 1 for naturalization as such a citizen under this
subsection, he may, if he thinks fit, grant to him a certificate of
naturalization as such a citizen.

(3) Every application under this section shall specify the
dependent 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 relevapt territory shall be
construed accordingly.





Acquisition after commencement: special cases

19. (1) A person shall be entitled, on an application for his
registration as a British Dependent Territories citizen made within
five years after commencement, to be registered as such a citizen if,
had paragraphs 2 to 5 of Schedule 1 to the Immigration Act 1971
remained in force, he would (had he applied for it) have been. on the
date of the application under this subsection, entitled under the said
paragraph 2 to be registered in a dependent territory as a citizen of
the United Kingdom and Colonies.

. (2) In the case of any person who is a minor at commencement,
the reference to five years after commencement in subsection (1)
shall be treated as a reference to five years from the date on which he
attains full age.

(3) If in the. special circurnstances of any particular case the
Secretary of State thinks fit, he may treat subsection (1) as if-

(a)the reference to five years after commencement were a
reference to eight years after commencement, or

(b)where subsection (2) applies, as if the reference to five years
from the date on which the person to whom the application
relates attains full age were a reference to eight Years from
that date.

20. (1) A woman who immediately before commencement
was the wife of a citizen of the United Kingdom and Colonies shall
be entitled. on an application for her registration as a British
Dependent Territories citizen inade within five years after commence-
ment, to be registered as a British Dependent Territories citizen if-

(a)immediately before commencement she would (if she had
applied for it) have been entitled under section 6(2) of the
1948 Act to be re-istered as a citizen of the United
Kingdom and Colonies by virtue of her marriage to the
man who was then her husband; and

(b)that man became a British Dependent Territories citizen at
commencement and did not at any time in the period from
commencement to the date of the application under this
subsection cease to be such a citizen as a result of a
declaration of renunciation., and

(c) she remained married to him throughout that period.

(2) On an application for her registration as a British Depend-
ent Territories citizen inade within five years after commencement
the Secretary of State may. if he thinks fit, cause a woman to be
registered as such a citizen if-

(a)immediately before commencement she would (if she had
applied for it) have been entitled under section 6(2) of the
1948 Act to be registered as a citizen of the United
Kingdom and Colonies by virtue of having been married





to a man to whom she is no longer married on the date of
the application under this subsection; and

(b)that man became a British Dependent Territories citizen at
commencement or would have done so but for his dealth.

(3) On an application for her registration as a British Depend-
ent Territories citizen made within five years after commencement
by a woman who at the time of the application is married, the
Secretary of State may, if he thinks fit, cause her to be registered as
such a citizen if-

(a)immediately before commencement she would (if she had
applied for it) have been entitled under section 6(2) of the
1948 Act to be registered as a citizen of the United
Kingdom and Colonies by virtue of her being or having
been married to the man who is her husband on the date of
the application under this subsection; and

(b) that man either-
(0 became a British Dependent Territories citizen at
commencement but has ceased to be such a citizen as a
result of a declaration of renunciation, or
(ii) would have become a British Dependent Territories
citizen at commencement but for his having ceased to be a
citizen of the United Kingdom and Colonies as a result of a
declaration of renunciation.

21. A person born in a foreign country within five years after
commencement shall be entitled. on an application for his registra-
tion as a British Dependent Territories citizen made within the
period of twelve months from the date of the birth. to be registered
as such a citizen if-

(a)the requirements referred to in subsection (1)(a) of section
9 are fulfilled in the case of that person's father. subsection
(2)(b) of that section being for the purposes of this para-
graph read as if any reference to becoming or remaining a
British citizen were a reference to becoming or, as the case
may be, remaining a British Dependent Territories citizen;
and

(b)had that person been born before commencement and
become a citizen of the United Kingdom and Colonies as
mentioned in subsection (1)(b) of that section, he would
at commencement have become a British Dependent
Territories citizen by virtue of section 23(1)(b).

22. (1) Subject to subsection (3), a person shall be entitled, on
an application for his registration as a British Dependent 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 dependent territory or, if a woman, by virtue of having been
married before commencerrint to a person who has, or would if
living have, such a connection.

(2) On an application for his registration as a British Depend-
ent 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 Dependent Territories citizen if that person-

(a)has an appropriate qualifying connection with a dependent
territory; or

(b)if a woman, 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 subsec-
tion (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 dependent terri-
tory if he, his father or his father's father-

(a) was born in that territory., or

(b) is or was a person naturalized 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.

Acquisition at commencenient

23. (1) A person shall at commencement become a British
Dependent Territories citizen if-

(a)immediately before commencement he was a citizen of the
United Kingdom and Colonies who had that citizenship by
his birth, naturalization or registration in a dependent
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, naturalization or registration in a dependent
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 commence-
ment 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 Depend-
ent Territories citizen at commencement or would have
done so but for his death.

(2) A person shall at commencement become a British
Dependent 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 dependent terri-
tory; and

(e)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 I)-
(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 Dependent 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) other-
wise than in a dependent 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 qual-
ifications specified in subsection (1) of that section (birth or
naturalization 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 Dependent Territories
citizen if the relevant person-

(i) was born or naturalized in a dependent territory; or

(ii)became a British subject by reason of the annexation of
any territory included in a dependent territory.

(4) A person who-

(a)immediately before commencement was a citizen of the
United Kingdom and Colonies by virture of registration
under section 1 of the British Nationality Act 1964
(resumption of citizenship); and





(b)was so registered otherwise than in a dependent territory;
and

(c)was so registered by virtue of having an appropriate
qualifying connection with a dependent 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 Dependent Territories
citizen.

(5) For the purposes of subsection (4) a person shall be taken
to have an appropriate qualifying connection with a dependent
territory if he, his father or his father's father-

(a) was born in a dependent territory; or

(b) is or was a person naturalized in a dependent territory; or

(c)was registered as a citizen of the United Kingdom and
Colonies in a dependent territory; or

(d)became a British subject by reason of the annexation of
any territory included in a dependent territory.

(6) For the purposes of subsection (1)(b) references to citizen-
ship of the United Kingdom and Colonies shall. in relation to a
time before the year 1949, be construed as references to British
nationality.

Renunciation aiid resumption

24. The provisions of sections 12 and 13 shall apply in relation
to British Dependent Territories citizens and British Dependent
Territories citizenship as they apply in relation to British citizens and
British citizenship.

Supplementary

25. (1) For the purposes of this Act a British Dependent
Territories citizen is such a citizen 'by descent' if and only if-

(a)he is a person born outside the dependent territories after
commencement who is a British Dependent Territories
citizen by virtue of section 16(1)(a) only or by virtue of
registration under section 17(2) or 21; or

(b)subject to subsection (2), he is a person born outside the
dependent territories before commencement who became a
British Dependent 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 pur-
poses of the proviso to sect - ion 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
(e)he is a British Dependent Territories citizen by virtue of
registration under section 17(1) and either-
(i) his father or mother was a British Dependent
Territories citizen at the time of the birth; or
(ii) his father or mother was a citizen of the United
Kingdom and Co - lonies at that time and became a British
Dependent Territories citizen at commencement, or would
have done so but for his or her death; or
(d) subject so subsection (2). he is a person ' born outside the
dependent territories before commencement who became a
British Dependent Territories citizen at commencement
under section 23(1)(h) only or
(e)subject to subsection (2), being a woman, she became a
British Dependent Territories citizen at commencement
under section 23(1)((.) only, and did so only by virtue of
having been, immediately before commencement or ear-
lier. the wife of a man who immediately after commence-
ment was. or would but for his death have been. a British
Dependent 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 dependent territories before commencement. she is a
British Dependent 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 commence-
ment 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 Dependent Territories citizen by virtue of
registration under section 22 who, having before com-
mencement 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 Dependent Territories citizen by descent
by virtue of paragraph (b), (d) or (e);
(h)he is a British Dependent Territories citizen by virtue of
registration under section 13 (as applied by section 24)
who, immediately before he ceased to be a British Depend-
ent 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 com-
mencement who is a British Dependent Territories citizen
by virtue of paragraph 1 of Schedule 2.





(2) A person born outside the dependent territories before
commencement is not a British Dependent 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 dependent territories in
service of a description mentioned in subsection (3), his recruitment
for the service in question having taken place in a dependent
territory.

(3) The descriptions of service referred to in subsection (2)
are-

(a)Crown service under the government of a dependent
territories; and

(b)service of any description at any time designated under
section 16(3).

PART III

BRITISH OVERSEAS CITIZENSHIP

26. Any person who was a citizen of the United Kingdom and
Colonies immediately before commencement and who does not at
corrimencement become either a British citizen or a British Depend-
ent Territories citizen shall at commencement become a British
Overseas citizen.

27. (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) A person born in a foreign country within five years after
commencement shall be entitled. on an application for his registra-
tion as a British Overseas citizen made within the period of twelve
months from the date of the birth, to be registered as such a citizen
if-

(a)the requirements referred to in subsection (1)(a) of section
9 are fulfilled in the case of that person's father, subsection
(2)(b) of that section being for the purposes of this para-
graph read as if-
(i) any reference to becoming a British citizen were a
reference to becoming a citizen of any of the following
descriptions, namely.a British citizen, a British Dependent
Territories citizen and a British Overseas citizen; and
(ii) the reference to remaining a British citizen through-
out any period were a reference to being throughout that
period a citizen of at least one of those descriptions
(though not necessarily the same one) throughout that
period; and

(b)had that person been born before commencement and
become a citizen of the United Kingdom and Colonies as





mentioned in subsection (1)(b) of that section, he would at
commencement have become a British Overseas citizen by
virtue of section 26.

28. (1) A woman who immediately before commencement
was the wife of a citizen of the United Kingdom and Colonies shall
be entitled, on an application for her registration as a British
Overseas citizen made within five years after commencement, to be
registered as a British Overseas citizen if-

(a)immediately before commencement she would (if she had
applied for it) have been entitled under section 6(2) of the
1948 Act to be registered as a citizen of the United
Kingdom and Colonies by virtue of her marriage to the
man who was then her husband; and

(b)that man became a British Overseas citizen at commence-
Ment and did not at any time in the period from commence-
ment to the date of the application under this subsection
cease to be such a citizen as a result of a declaration of
renunciation, and

(c) she remained married to him throughout that period.

(2) On an application for her registration as a British Overseas
citizen made within five years after commencement. the Secretary of
State may, if he thinks fit, cause a woman to be registered as such a
citizen if-

(a)immediately before commencement she would (if she had
applied for it) have been entitled under section 6(2) of the
1948 Act to be registered as a citizen of the United
Kingdom and Colonies by virtue of having been married
to a man to whom she is no longer married on the date of
the application under this subsection; and

(b)that man became a British Overseas citizen at commence-
ment or would have done so but for his death.

(3) On an application for her registration as a British Overseas
citizen made within five years after commencement by a woman who
at the time of the application is married, the Secretary of State may,
if he thinks fit, cause her to be registered as such a citizen.if-

(a)immediately before commencement she would (if she had
applied for it) have been entitled under section 6(2) of the
1948 Act to be registered as a citizen of the United
Kingdom and Colonies by virtue of her being or having
been married to the man who is her husband on the date of
the application under this subsection; and

(b) that man either-
(i) became a British Overseas citizen at commencement
but has ceased to be such a citizen as a result of a
declaration of*renunciation; or





(ii) would have become a British Overseas citizen at
commencement but for his having ceased to be a citizen of
the United Kingdom and Colonies as a result of a declara-
tion of renunciation.

29. 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.

PART IV

BRITISH SUBJECTS

30. A person who immediately beford commencement was-

(a)a British subject without citizenship by virtue of section 13
or 16 of the 1948 Act; or

(b)a British subject by virtue of section 1 of the British
Nationality Act 1965 (registration of alien women who
have been married to British subjects of certain descrip-
tions),

shall as from commencement be a British subject by virtue of this
section.

31. (1) A person is within this subsection if immediately
before 1 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 atany 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 govern-
ment of the United Kingdom; and

(b)that he has associations by way of descent, residence or
otherwise with the United Kingdom or with any dependent
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 1
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.





32. 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.

33. A woman who immediately before.commencement was the
wife of a British subject shall be entitled, on an application for her
registration as a British subject made within five years after com-
mencement, to be registered as a British subject if-

(a)immediately before commencement she would (if she had
applied for if) have been entitled under section 1 of the
British Nationality Act 1965 to be registered as a British
subject by virtue of her marriage to the man who was then
her husband; and

(b)on the date of the application under this section that man is
a British subject; and

(c)she remained married to him throughout the periodfrom
commencement to that date.

34. 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.

35. A person who under this Act is a British subject otherwise
than by virtue of section 31 shall cease to be such a subject if, in
whatever circumstances and whether under this Act or otherwise. he
acquires any other citizenship or nationality whatever.

PART V

MISCELLANEOUS AND SUPPLEMENTARY

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

37. (1) Every person who-

(a)under this Act is a British citizen, a British Dependent
Territories citizen, 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 citizenor the status of a British subject otherwise
than under this Act.

38. (1) Her Majesty may by Order in Council made in relation
to any territory which was at any time before commencement-

(a)a protectorate or protected state for the purposes of the
1948 Act; or

(b)a United Kingdom trust territory within the meaning of
that Act,

declare to be British protected persons for the purposes of this Act
any class of persons who are connected with that territory and are
not citizens of any country mentioned in Schedule 3 which consists
of or includes that territory.

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

39. (1) The Immigration Act 1971 shall be amended in accord-
ance with the following provisions of this section.

(2) For section 2 (statement of right of abode) there shall be
substituted-

-Statement 2. (1) A person is under this Act to have
of right of the right of abode in the United Kingdom if-
abode in United
Kingdom. (a) he is a British citizen; or

(b) he is a Commonwealth citizen who-
(i) immediately before the commence-
ment of the British Nationality Act 1981
was a Commonwealth citizen having the
right of abode in the United Kingdom by
virtue of section 2(1)(d) or section 2(2) of
this Act as then in force; and
(ii) has not ceased to be a Common-
wealth citizen in the meanwhile.

(2) In relation to Commonwealth citizens
who have the right of abode in the United
Kingdom by virtue of subsection (1)(b) above,
this Act, except this section and sections 3(9) and
(9A), 5(2) and 13(3), shall apply as if they were
British citizens; and in this Act (except as aforesaid)
'British citizen' shall be construed accordingly.'.





(3) For section 3(9) (certificates of patriality) there shall be
substituted-

'(9) A person within this subsection seeking to enter the
United Kingdom and claiming to have the right of abode there
shall prove that he has that right by means of such certificate of
entitlement as may be specified in the immigration rules,
unless-

(a)he claims to be a British citizen and produces (or is
present when there is produced) a United Kingdom
passport describing him as such a citizen or a United
Kingdom passport describing him as a citizen of the
United Kingdom and Colonies having the right of
abode in the United Kingdom; or

(b)in the case of a woman falling within subsection
(9A)(b) below who claims to be a British citizen as
there mentioned by virtue of section 2(2) of this Act as
in force immediately before the commencement of the
British Nationality Act 1981, she shows that immedi-
ately before that commencement she-
(i)was a citizen of the United Kingdom and Colon-
ies; and
(ii)had the right of abode in the United Kingdom by
virtue of section 2(2) of this Act, as then in force,
apart from any reference therein to section 2(1)(c)
or (d) as then in force.

(9A) A person is within subsection (9) above if-

(a) he is not a British citizen; or

(b)he claims to be a British citizen by virtue of secti on
11(1) of the British Nationality Act 1981 on the
ground that immediately before the commencement
of that Act he had the right of abode in the United
Kingdom by virtue of section 2(1)(c) or section 2(2) of
this Act, as then in force.'.

(4) In section 8 (exceptions for special cases), after subsec-
tion (5) there shall be inserted-

'(5A) An order under subsection (2) above may, as
regards any person or class of persons to whom it applies,
provide for that person or class to be in specified circumstances
regarded (notwithstanding the order) as settled in the United
Kingdom for the purposes of section 1(1) of the British Nation-
ality Act 198l.'.

(5) For so much of section 13(3) as precedes the words 'and a
person' (restriction of right of appeal against decision that leave to
enter the United Kingdom is required) there shall be substituted-





'(3) A person within section 3(9) above who does not
hold a certificate of entitlement shall not be entitled to appeal
on the ground that he has the right of abode in the United
Kingdom against a decision that he requires leave to enter the
United Kingdom unless-

(a)he claims to be a British citizen and produces (or is
present when there is produced) a United Kingdom
passport describing him as such a citizen or a United
Kingdom passport describing him as a citizen of the
United Kingdom and Colonies having the right of
abode in the United Kingdom; or

(b)in the case of such a woman as is mentioned in
paragraph (b) of section 3(9) above, she shows that
immediately before the commencement of the British
Nationality Act 1981 she satisfied the conditions spec-
ified in sub-paragraphs (1) and (ii) of that paragraph;'.

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

(7) In section 90 of the Mental Health Act 1959 and section 82
of the Mental Health (Scotland) Act 1960 (removal of non-patrial
in-patients to places outside the United Kingdom). for the words
from 'any patient- to '1971 and- (which were substituted for---any
person being an alien- by section 30(1) of the Immigration Act 197 1)
there shall be substituted ,any patient who is neither a British citizen
nor a Commonwealth citizen having the right of abode in the United
Kingdom by virtue of section 2(1)(b) of the Immigration Act 1971,
being a patient'.

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

40. (1) Subject to the provisions of this section, the Secretary
of State may by order deprive any British citizen to whom this
subsection applies of his British citizenship if the Secretary of State is
satisfied that the registration or certificate of naturalization by virtue
of which he is such a citizen was obtained by means of fraud, false
representation or the concealment of any material fact.

(2) Subsection (1) applies to any British citizen who~

(a)became a British citizen after commencement by virtue
of-
(i) his registration as a British citizen under any provi-
sion of this Act; or
(ii) a certificate of naturalization granted to him under
section 6; or





(b)being immediately before commencement a citizen of the
United Kingdom and Colonies by virtue of registration as
such a citizen under any provision of the British National-
ity Acts 1948 to 1964, became at commencement a British
citizen; or

(c)at any time before commencement became a British subject
(within the meaning of that expression at that time), or a
citizen of Eire or of the Republic of Ireland, by virtue of a
certificate of naturalization granted to him or in which his
name was included.

(3) Subject to the provisions of this section, the Secretary of
State may by order deprive any British citizen to whom this sub-
section applies of his British citizenship if the Secretary of State is
satisfied that that citizen-

(a)has shown himself by act or speech to be disloyal or
disaffected towards Her Majesty; or

(b)has, during any war in which Her Majesty was engaged.
unlawfully traded or communicated with an enemy or been
engaged in or associated with any business that was to his
knowledge carried on in such a manner as to assist an
enemy in that war; or

(c)has. within the period of five years from the relevant date.
been sentenced in any country to imprisonment for a term
of not less than twelve months.

(4) Subsection (3) applies to any British citizen who falls
within paragraph (a) or (e) of subsection (2); and in subsection (3)
'the relevant date', in relation to a British citizen to whom subsec-
tion (3) applies, means the date of the registration by virtue of which
he is such a citizen or, as the case may be, the date of the grant of the
certificate of naturalization by virtue of which he is such a citizen.

(5) The Secretary of State-

(a)shall not deprive a person of British citizenship under this
section unless he is satisfied that it is not conducive to the
public good that that person should continue to be a British
citizen; and

(b)shall not deprive a person of British citizenship under
subsection (3) on the ground mentioned in paragraph (c) of
that subsection if it appears.to him that that person would
thereupon become stateless.

(6) Before making an order under this section the Secretary of
State shall give the person against whom the order is proposed to be
made notice in writing informing him of the ground or grounds on
which it is proposed to be made and of his right to an inquiry under
this section.

(7) If 'the person against whom the order is proposed to be
made applies in the prescribed manner for an inquiry, the Secretary





of State shall, and in any other case the Secretary of State may, refer
the case to a committee of inquiry consisting of a chairman, being a
person possessing judicial experience, appointed by the Secretary of
State and of such other members appointed by the Secretary of State
as he thinks proper.
(8) The Secretary of State may make rules for the practice and
procedure to be followed in connection with references under
subsection (7) to a committee of inquiry; and such rules may, in
particular, provide for conferring on any such committee any
powers, rights or privileges of any court, and for enabling any
powers so conferred to be exercised by one or more members of the
committee.

(9) The power of the Secretary of State to make rules under
subsection (8) shall be exercisable by statutory instrument subject to
annulement in pursuance of a resolution of either House of Parlia-
ment.

(10) The preceding provisions of this section shall apply in
relation to British Dependent Territories citizens and British
Dependent Territories citizenship as they apply in relation to British
citizens and British citizenship, but as if in subsection (2)(a)(ii) the
reference to section 6 were a reference to section 18.

41. (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 naturaliza-
tion under any provision of this Act may or must be made;
(c)for the registration of anything required or authorized by
or under this Act to be registered;

(d)for the administration and taking of oaths of allegiance
under this Act, as to the time within which oaths of
allegiance must be taken, and for the registration of oaths
of allegiance;
(e)for the giving of any notice required or authorized to be
given to any person under this Act;

for the cancellation of the registration of, and the cancella-
tion and amendmeni of certificates of naturalization relat-
ing to, persons deprived of citizenship 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 Commis-
sioner for Her Majesty's government in the United King-
dom 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 Dependent Territories citizens, 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 ie-
gistered-
(i) by persons serving in the diplomatic, consular or
other foreign service of any country which, by arrange-
ment with Her Majesty's government in the United King-
dom, has undertaken to represent that government,s inter-
est in that country, or
(ii) by a person authorized in that behalf by the Secre-
tary of State.

(2) The Secretary of State may with the consent of the Treas-
ury 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;

(b)the effecting in the United Kingdom of any registration
authorized by or under this Act;

(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 authorized to be made, granted or taken
by or under this Act;

(d)the supplying in the United Kingdom of a certified or other
copy of any notice, certificate, order, declaration or entry
given, granted or made under or by virtue of this Act or
any of the former nationality Acts;

(e)the carrying out of searches in or of any registers or other
records, being registers or records held in the United
Kingdom by or on behalf of the Secretary of State, which
are or may be relevant for the purpose of determining the
status of any person under this Act or any of the former
nationality Acts;

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 difrerent
provision for different circumstances; and-





(a)regulations under subsection (1) may provide for the
extension of any time-limit for the taking of oaths of
allegiance; and

(b)regulations under subsection (2) may provide for any fees
imposed by the regulations to be payable at such times as
may be prescribed.

(4) Her Majesty may by Order in Council provide for any Act
or Northern Ireland legislation to which'this subsection applies to
apply, with such adaptations and modifications as appear to Her
necessary, to births and deaths registered-

(a)in accordance with regulations made in pursuance of
subsection (1)(g) to (i) of this section or subsection (1)(f)
and (g) of section 29 of the 1948 Act; or

(b)at a consulate of Her Majesty in accordance with regula-
tions made under the British Nationality and Status of
Aliens Acts 1914 to 1943 or in accordance with instruc-
tions 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;

aiid an Order in Council under this subsection may exclude. in
relation to births and deaths so registered. ariv of the provisions of
section 45.

(5) Subsection (4) applies to-

(a)the Births and Deaths Registration Act 1953. the Registra-
tion 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.

42. (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 naturalization shall not be granted to a
person under any provision of this Act,





unless-

(i)any fee payable by virtue of this Act in connection with
the registration or, as the case may be, the grant of the
certificate has been paid., and

(ii)the person concerned has within the prescribed time taken
an oath of allegiance in the form indicated in Schedule 5.

(2) So much of subsection (1) as requires the taking of an oath
of allegiance shall not apply to a person who-

(a) is not of full age; or

(b) is already a British citizen. a British Dependent Territories
citizen, 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 fora 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 Dependent Territories citizen 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 subject as from the
date on which he is so registered.

(5) A person to whom a certificate of naturalization as a
British citizen or as a British Dependent 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.

43. (1) Subject to subsection (3), the Secretary of State may,
in the case of any of his functions under this Act with respect to any
of the matters mentioned in subsection (2), make arrangements for
that function to be exercised-

(a)in any of the Islands, by the Lieutenant-Governor in cases
concerning British citizens or British citizenship;

(b)in any dependent territory which is for the time being
a colony, by the Governor in cases concerning British
Dependent Territories citizens or British Dependent Terri-
tories citizenship.

(2) The said matters are-

(a) registration and naturalization; and

(b)renunciation, resumption and deprivation of British
citizenship or British Dependent Territories citizenship.

(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.

44. (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) The Secretary of State, a Governor or a Lieutenant-
Governor, as the case may be, shall not be required to assign any
reason for the grant or refusal of any application under this Act the
decision on which is at his discretion; and the decision of the
Secretary of State or a Governor or Lieutenant-Governor on any
such application shall not be subject to appeal to, or review in, any
court.

(3) Nothing in this section affects the jurisdiction of any court
to entertain proceedings of any description concerning the rights of
any person under any provision of this Act.

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 co * ntrary 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 1 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 govern-
ment 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.

46. (1) Any person who for the purpose of procuring any-
thing 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 $1,000, 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 naturaliza-
tion shall be liable on summary conviction in the United Kingdom
to a fine not exceeding $500.

(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 Advo-
cate to justify proceedings came to his knowledge. and

(e)a complaint charging the commission of the offence may in
Northern Ireland be heard and determined by a magis-
trates' 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 proceed-
ings 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 Advo-
cate 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'.

47. (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.

48. Any reference in this Act to the status or descripton 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.

49. (1) After the passing of this Act-

(a)a person shall not be registered under any provision of the
existing nationality Acts as a citizen of the United King-
dom and Colonies or a British subject. and

(b)a certificate of naturalization shall riot be granted to a
person under any provision of those Acts.

unless-

(i)any fee payable by virtue of those Acts in connection with
the registration or, as the case may be, the grant of the
certificate has been paid; and

(ii)where applicable, the person in question has taken the oath
of allegiance which. but for this section. he would have
been required by those Acts to take in connection with the
registration or. as the case may be. the grant to him of the
certificate.

(2) Any provision of the existing nationality Acts which pro-
vides for a person to be entitled to registration as a citizen of the
United Kingdom and Colonies or a British subject shall have etTect
subject to subsection (1).

(3) A person registered after the passing of this Act under any
provision of the existing nationality Acts as a citizen of the United
Kingdom and Colonies or a British subject shall be such a citizen by
registration or, as the case may be, a British subject by virtue of that
provision as from the date on which he is so registered; and a person
to whom a certificate of naturalization is after the passing of this Act
granted under any such provision shall be a citizen of the United
Kingdom and Colonies by naturalization as from the date on which
the certificate is granted.

(4) The following provisions of the existing nationality Acts,
namely-





(a)in the 1948 Act, section 9 and, in section 10(1), the words
from 'and the person' onwards; and

(b) section 1(2) of the British Nationality Act 1965,

shall not apply in relation to any application for registration or for a
certificate of naturalization under any provision of the existing
nationality Acts, whenever made, unless the person to whom that
application relates has been registered or, as the case may be,
granted such a certificate before the passing of this Act.

(5) In this section 'the existing nationality Acts' means the
British Nationality Acts 1948 to 1965.

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;

-association- means an unincorporated body of persons.

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

-commencement-, without more, means the commencement of
this Act,

-Commonwealth citizen' means a person who has the status of
a Commonwealth citizen under this Act;

-company- means a body corporate.

'Crown service' means the service of the Crown, whether
within Her Majesty's dominions or elsewhere;

'Crown service under the government of the United Kingdom'
means Crown service under Her Majesty's government in
the United Kingdom or under Her Majesty's government
in Northern Ireland;

'dependent territory' means a territory mentioned in Schedule 6;

,,enactment' includes an enactment comprised in Northern
Ireland legislation;

'foreign country' means a country other than the United
Kingdom, a dependent 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 dependent 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 Immi-
gration 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 dependent 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;

---theIslands' 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;

---settled---shall be construed in accordance with subsections (21)
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 inade 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 King-
dom where a register of births is kept or. where there is no
such office, such office as may be prescribed.

(2) Subject to subsection (3), references in this Act to a person
being settled in the United Kingdom or in a dependent 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-
11




(a)as having been settle 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 exemp-
tion 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 dependent 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 tirne 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)immediatelv before he became entitled to that exemption
he was settfed in the United Kingdom: and

(c)lie was ordinarily resident in the United Kingdom frorn 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 a . ny 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 dependent 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 naturalized in the
United Kingdom if, but only if, he is-
(i) a person to whom a certificate of naturalization 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 naturalization was
granted, if the certificate of naturalization 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 naturalized
British subject by reason of his residence with his father or
mother;

(b)a person shall be taken to have been naturalized in a
dependent territory if, but only if, he is-
(i) a person to whom a certificate of naturalization 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 holdin~g 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 naturaliza-
tion was granted, if the certificate of naturalization 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 naturalization within that terri-
tory only;

and references in this Act to naturalization in the United Kingdom
or in a dependent 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-
(1) 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.

The preceding provisions of this subsection shall apply in
relation to each dependent territory with the substitution for the
references to the United Kingdom and to a British citizen of
references to that territory and to a British Dependent Territories
citizen respectively.

(8) For the purposes of this Act an application under any
provision thereof shall be taken to have been inade at the time of its
receipt by a person authorized 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
authorized.

(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.

(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 Kinadom or from a dependent territory or from
the dependent 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 cluhteen

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 Sched-
ule 3 include references to the dependencies of that country.

(13) Her Majesty may by Order in Council subject to annul-
ment 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.

51. (1) Without prejudice to subsection (3)(c), in any enact-
ment 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 this Act is a British citizen. a British
Dependent Territories citizen or a British Overseas citizen;

(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
Dependent Territories citizen 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 commence-
ment, 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.





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 legisla-
tion 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 com-
mencement 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 conse-
quential on the provisions of this Act.

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

(8) The enactments mentioned in Schedule 9 are hereby re-
pealed 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, omis-
sions and alterations.





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

(2) This Act, except the provisions mentioned in subsec-
tion (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 dependent 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 ~ct.

(6) For the purposes of section 3(3) of' the West Indies Act
1967 it is hereby declared that the provisions of this Act. except
those mentioned in subsection (7), extend to all associated states.

(7) The provisions referred to in subsections (5) and (6) 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 provi-
sions of the Immigration Act 1971 other than Schedule 1.

SCHEDULE 1

REQUIREMENTS FOR NATURALIZATION

Naturali:ation as a British citizen under section 6(1)

1. (1) Subject to paragraph 2, the requirements for naturalization as a British
citizen under section 6(1) are, in the case of any person who applies for it-
(a)the requirements specified in sub-paragraph (2) of this paragraph. or the
alternative requirement specified in sub-paragraph (3) of this paragraph:
and
(b) that he is of good character; and
(c)that he has a sufficient knowledge of the English, Welsh or Scottish Gaelic
language;and
(d) that either-
(i) his intentions are such that, in the event of a certificate of naturaliza-
tion 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 organization 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 4iO: and
(b)that the number of days on which he was absent from the United Kingdom
in the period of twelve months so eDding 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 xxhich he
might remain in the United Kingdom: and
(d)that lie was riot at any time in the period of fix c 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 Unitei Kingdom.
2. If in the special circumstances of any particular case the Secretary of State
thinks tit, he may for the purposes of paragraph 1 do all or any of the folloxking
things, namely-
(a)treat the applicant as fulfilling the requirement specified in paragraph
1(2)(a) or paragraph 1 (20). or both. although the number of day s on ~k hich
he x~as absent froni the United Kingdorn in the period there'rnentioned
exceeds the number there mentioned:
(b)treat the applicant as Itax in, been in the United Kingdom for the kx hole or
any part of any period duri~ni which he would other-wise fall to be treated
under paragraph 9( 1 ) as hax ing been absent:
(c) disregard ariv such restriction as is mentioned in paragraph 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 immigra-
tion in the period there mentioned:
(e)Wavee the need to fulfil the requirement specified in paragraph 1(0(c) if he
considers that because of the applicant's age or physical or mental condition
it would he unreasonable to expect him to fulfil it.

Naturalization as a Brilish Citizen un section (2j

3. Subject to paragraph 4, the requirements for naturalization 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 xvith 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 exceed90; 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).
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
Kingdont.'.

NaturaliZation as a British Dependent Territories citizen under section 18(1)

5. (1) Subject to paragraph 6, the requirements for naturalization as a British
Dependent 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 recognized for official purposes in the relevant territory: and

(d) that either-
(i) his intentions are such that. in the event of a certificate of naturaliza-
tion as a British Dependent 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 organization of which that
territory or the eovernment 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 lime 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 immigra-
tion 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.

Naturalization as a British Dependent Territories citizen under section 18(2)

7. Subject to paragraph 8, the requirements for naturalization as a British
Dependent 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).

8. Paragraph 6 shall apply in relation to paragraph 7 with the following
modifications. namely-

(a)the reference to the purposes of paragraph 5 shall be read as a reference to
the purposes of paragraph 7;

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

(c) paragraph 6(c) and (e) shall be omitted; and

(d) after paragraph (e) there shall be added-
'(f) waive the need to fulfil all or any of the requirements specified in
paragraph 7(a) and (b) if on the date of the application the person to whom
the applicant is married is serving in service to which section 16(1)(b)
applies, that person's recruitment for that service having taken place in a
dependent territory.'.

Periods to be treated as periods of absence from U.K. or a dependent territory

9. (1) For the purposes of this Schedule a person shall (subject to para-
graph 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 V of the Mental Health Act 1959 or section 175 or 376 of the
Criminal Procedure (Scotland) Act 1975 or Part Ill of the Mental Health
Act (Northern Ireland) 1961, 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
authorized, 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 dependent 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 V of the Mental Health Act
1959 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. beina liable ii) be detained as mentioned in paragraph
(M0) or 0i) of this sub-paragraph. he was unlawfully at large or ~bsent
without leave and for that reason liable to be arrested or taken into custody:
(cl)any period when. his actual detention under ativ such power as is mentioned
in paragraph (b)(iii) of this sub-paragraph being required or specifically,
authorized. he was unlawfully at large and for that reason liable to be
arrested.

Interpretation

10. In this Schedule ---therelevant territory--- has the meaning given by. sec-
tion 18(3).

SCHEDULE 2

PROVISIONS FOR REDUCING STATELESSNESS

Persons born in the United Kingdont after coiiipi?ettceiiiepii

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 Dependent
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 dependent territory after commencement

2. (1) Where a person born in a dependent territory after commencement
would, but for this paragraph, be born statele~s, 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 dependent territory alter comniencenlent

3. (1) A person born in the United Kingdom or a dependent territory after
commencement shall be entitled, on an application for his registration tinder 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 ten but was
under the age of twenty-two; and
(c)that he was in the United Kingdom or a dependent 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 dependent 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 ;pent
by him in the United Kingdom exceeds the number of days wholly or partly
spent by him in the dependent territories:
(b)in any other case, shall be registered under it as a British Dependent
Territories citizen.

Persons born outside the United Kingdom and the dependent territories alter
commencement

4. (1) A person born outside the United Kingdom and the dependent territo-
ries 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 dependent 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 dependent
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 Dependent 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 applica-
tion 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 applica-
tion 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 an~ particular case the Secretary of State
thinks fit. he may for the purposes of paragraph 3 or 4 treat the person \\ho 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 dependent territories in the period there mentioned
exceeds the number there mentioned.

SCHEDULE 3
COUNTRIES WHOSE CITIZENS ARE COMMONMFALTH CITIZE..,'S
Aniiizua and Barbuda Mauritius
Australia Nauru
The Bahamas Ncii Zealand
Baneladesh Nioeria
Barbados Paputt New Guinea
Belize Saint Lucia
Botswana Saint Vincent and the Grenadines
Canada Seychelles
Republic of Cyprus Sierra Leone
Dominica Singapore
Fiji Solomon Islands
The Gambia SriLanka
Ghana Swaziland
Grenada Tanzania
Guyana Tonga
India Trinidad and Tobago
Jamaica Tuvalu
Kenya Uganda
Kiribati Vanuatu
Lesotho Western Samoa
Malawi Zambia
Malaysia Zimbabwe.
Malta





SCHEDULE 4

AMENDMENTS OF IMMIGRATION AcT 1971

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 of that Act listed in the second column of
that table, and where it last occurs in section 6(2) of that Act, substitute
-British citizens'.

TABLE
(1) (2)
'a British citizen- '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); Section 29(1);
In section 33(1), the definitions In Schedule 2, paragraph 26(1).
of -entry clearance' and 'work
pemiit';
In Schedule 2, paragraphs 2(1)(a),
3(0.60), 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 section 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 Dependent 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)
substitute '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 (e) above or by any order under subsection (2) above.'.

6. In section 25(5) of the 1971 Act (extension of provisions about offences of
assisting illegal entry and harbouring to things done outside the United Kingdom by
persons of certain descriptions), for paragraphs (a) to (e) substitute-
(a)by a British citizen, a British Dependent Territories citizen, or a British
Overseas citizen;
(b)by a person who under the British Nationality Act 1981 is a British subject;
or
(c) by a British protected person (within the meaning of that Act).'.

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 Licutertant-Governor of any
of the Islands, or by the Government of any territory which is for the time
being a dependent territory within the meaning of the British Nationality
Act 1981;'; and
(b) after subsection (2) insert-
-(2A) Subject to section 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 lai~s to any restriction on the
period for which he may remain.'.

SCHEDULE 5

FORM OF OATH OF ALLEGIANCE

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-
---aBritish citizen'
..a British Dependent Territories citizen---
---aBritish Overseas citizen---
---aBritish subject---.

Oath of allegiance

1 ' A.B.. swear bv Aliniclity God that. on becomimi 1 will be faithful and bear true
allegiance to Her Majesty Queen Elizabeth the Second Her Heirs and Successors
accordinu to laiv.

SCHEDULE 6

BRITISH DFPENDENT THEREORIESS

AnLuilla
Bermuda
British Antarctic Territor\
British Indian Ocean Territor\
Cayman Islands
Falkland Islands and Dependencies
Gibraltar
Hong Kong
Montserrat
Pitcairn. Henderson. Ducie aiid Oeno Islands
SI. Christopher and Nevis
St. Helena aiid Dependencies
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.
SCHEDULE 7

CONSEQUENTIAL AMENDMENTS

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

In section 3. the words from---Thatafter the said limitation shall take effect--- to
---intrust 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 ofHerMajesty 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
Commonwealth citizen'.

BRITISH NATIONALITY ACT 1948 (c. 56)

In section 3 (limitation of criminal liability of citizens of certain countries), after
subsection (3) insert-
'(4) In this section -foreign country' and -British protected person- have
the same meaning as in the British Nationality Act 1981'.

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---theUnited Kingdom' includes the Channel Islands and the
Isle of Man.---.

DEFAMATION ACT 1952 (c. 66) -

In Part Ill 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 (c. 11) (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---mentionedin 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)--
(a) in the definition of 'British protected person', for 'the British Nationality
Acts 1948 to 1964' substitute 'the British Nationality Act 198 1 '; and
(b)in the definition of 'excepted ship or aircraft', for 'section 1(3) of
the British Nationality Act 1948' substitute 'Schedule 3 to the British
Nationality Act 1981'.

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 diplo-
matic privileges and immunities) substitute-
'(2) An Order in Council under this section shall be disregarded for the
purposes of section 50(4) of the British Nationality Act 1981 (circumstances in
which certain persons entitled to exemption under section 8(3) of the Immigra-
tion Act 1971 are to be regarded for the purposes of section 1 (1) of the said Act of
1981 as settled in the United Kingdom).'.





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 paragrapm (a) to (e) substitute-
'(a)a British citizen, a British Dependent Territories citizen or a British
Overseas citizen: or
(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).-.

ANTARCTIC TREATY ACT 1967 (c. 65)

In section 1(3) (persons prohibited from harming Antarctic flora and fauna)-
(a) for paragraphs (a) to (e) substitute-
'(a) a British citizen. a British Dependent Territories citizen or a
British Overseas citizen; or
(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).-; and
(b) for '(a) to (e)- substitute '(a) to (c)'.

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
meaning-
(a)a British citizen, a British Dependent Territories citizen or a British
Overseas citizen: or
(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).'.

TANZANIA ACT 1969 (c. 29)

In section 4(3) (enactments excluded from power to apply statutory.provisions to
Tanzania), for---theBritish 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', wherever.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 198 1 '.

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-
'(a)a British citizen, a British Dependent Territories citizen or a British
Overseas citizen; or
(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).'.

CIVIL AVIATION ACT 1971 (c. 75)

In section 64(1) (interpretation), in the definition of 'United Kingdom nationaV,
for paragraphs (a) to (e) substitute-
'(a)a British citizen, a British Dependent Territories citizen or a British
Overseas citizen; or
(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).'.

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-
'(a)a British citizen, a British Dependent Territories citizen or a British
Overseas citizen; or
(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).'.

CHILDREN ACT 1975 (c. 72)

1 . In Part II of Schedule 1 (adoption orders)-
(a)in paragraph 7(2)(a), for---theBritish Nationality Acts 1948 to 196Y'
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 196511
substitute 'the British Nationality Act 1981 '; and





(b)in paragraph 1(4)(d), 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)-
(a)in paragraph (a), for 'the British Nationality Acts 1948 to 196Y' substitute
'the British Nationality Act 1981 '; and
(b)in paragraph (d), for 'citizenship of the United Kingdom and Colonies'
substitute 'British citizenship, British Dependent Territories citizenship or
British Overseas citizenship.'.

NATIONAL HEALTH SERVICE ACT 1977 (c. 49)

In paragraph 3 of Schedule 11 (territorial extent)-
(a)in the definition of -British protected person', for---theBritish Nationality
Acts 1948 to 1965' substitute 'the British Nationality Act 1981 -~ and
(b)in the definition of 'excepted ship or aircraft-. for---section1(3) of the
British Nationality Act 1948' substitute---Schedule3 to the British National-
ity Act 1981---.

SOLOMON ISLANDS ACT 1978 (c. 15)

In section 6 (construction of nationality provisions)---
(a)in subsection (1). for -section 1(3) of the 1948 Act--- substitute -Schedule 3 to
the British Nationality Act 1981---;
(b) for subsection (2) substitute-
-(2) The following pro\isions of the British Nationalit\ Act 198L
namely section 45(evidence), 46 (offences and proccedinLs), 48 (posthumous
children) and 50 (interpretation) shall have efl'ect for the purposes ofseclions
2 to 6 of this Act as if those sections of this Act were included in that Act.---:
and
(c) in subsection (3), for---section23(2) of the 1948 Act)--- substitute---section
47(2) of the British Nationality, Act 198l)---.

ADOPTION (SCOTLAND) ACT 1978 (c. 28)

In section 41(2) (nationality enactments)-
(a)in paragraph (a). for---theBritish Nationality Acts 1948 to 1965---substitute
---theBritish Nationality Act 1981 ': and
(b)in paragraph (d), for 'citizenship of the United Kingdom and Colonies'
substitute -British citizenship. British Dependent Territories citizenship or
British Overseas citizenship.'.

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

In paragraph 3 of Schedule 10 (territorial extent)-
(a)in the definition of 'British protected person---. for---theBritish Nationality
Acts 1948 to 1965' substitute---the British Nationality Act 1981 ': and
(b)in the definition of -excepted ship or aircraft', for -section 1(3) of the
British Nationality Act 1948' substitute---Schedule3 to the British Nation-
ality Act 1981'.

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-
(a)a British citizen, a British Dependent Territories citizen or a British
Overseas citizen; or





(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).'.

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
---suchnationals'; and
(c) in subsection (6), for the words from 'and references' onwards substitute-
-United Kingdom national' means-
(a)a British citizen, a British Dependent 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---acitizen of the United Kingdom and Colonies- substitute---aBritish citizen, a
British Dependent Territories citizen or a British Overseas citizen'.

SCHEDULE 8

TRANSITIONAL PROVISIONS

Applicationsfor naturalization 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 naturalization under section 10 of the 1948 Act,
which is received before commencement by a person authorized 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 arrange-
rnents 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 Act 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.
12. Where a person who has been registered or to whom a certificate of
naturalization 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 occuring 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 com-
mencement.
(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 Kingdon? and Colonies

4. (1) Where-
(a)a person has before commencement duly made a declaration under sec-
tion 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 \ear
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-paragaph (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, immediatelv before commence-
ment, he had been a citizen of the United Kingdom and Colonies by virtue of sec-
tion 4(2) of the Cyprus Act 1960.

Applicationsfor certificates ofpatriality pending at commencement

5. Any application for a certificate of patriality under the Immigration Act
1971 duly made but not determined before commencement shall he 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 commence-
ment 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



1982 Ed.] British Nationality Act 1981 A 64

1982 Ed.] British Nationality Act 1981 A 65



1982 Ed.] British Nationality Act 1981 A 66 L.N. 445/82. L.N. 5/83. Acquisition by birth or adoption. Acquisition by descent. Acquisition by registration: minors. Acquisition by registration: British Dependent Territories citizens etc. Acquisition by registration: nationals for purposes of the Community treaties. Acquisition by naturalization. Right to registration by virtue of residence in U.K. or relevant employment. 1971 c. 77. 1971 c. 77. Registration by virtue of marriage. Right to registration by virtue of father's citizenship etc. 1971 c. 77. Registration following renunciation of citizenship of U.K. and Colonies. 1964 c. 22. Citizens of U.K. and Colonies who are to become British citizens at commencement. 1971 c. 77. 1964 c. 54. Renunciation. Resumption. Meaning of British citizen 'by descent' 1971 c. 77. Acquisition by birth or adoption. Acquisition by descent. Acquisition by registration: minors. Acquisition by naturalization. Right to registration by virtue of residence in dependent territory. 1971 c. 77. Registration by virtue of marriage. Right to registration by virtue of father's citizenship etc. Right to registration replacing right to resume citizenship of U.K. and Colonies. 1964 c. 22. Citizens of U.K. and Colonies who are to become British Dependent Territories citizens at commencement. 1964 c. 54. Renunciation and resumption. Meaning of British Dependent Territories citizen 'by descent'. Citizens of U.K. and Colonies who are to become British Overseas citizens at commencement. Registration of minors. Registration by virtue of marriage. Renunciation. Continuance as British subjects of existing British subjects of certain descriptions. 1965 c. 34. Continuance as British subjects of certain former citizens of Eire. Registration of minors. Registration of certain alien women entitled to registration as British subjects immediately before commencement. 1965 c. 34. Renunciation. Circumstances in which British subjects are to lose that status. Provisions for reducing statelessness. Commonwealth citizenship. British protected persons. Amendment of Immigration Act 1971. 1971 c. 77. 1971 c. 77. 1959 c. 72. 1960 c. 61. Deprivation of citizenship. Regulations and Orders in Council. 1953 c. 20. 1953 c. 37. 1965 c. 49. Registration and naturalization: general provisions. Exercise functions of Secretary of State by Governors and others. Decisions involving exercise of discretion. Evidence. Offences and proceedings. Legitimated children. Posthumous children. Registration and naturalization under British Nationality Acts 1948 to 1965. 1965 c. 34. Interpretation. L.N. 5/83. 1948 c. 56. 1978 c. 15. 1870 c. 14. 1971 c. 77. 1978 c. 30. 1971 c. 77. 1964 c. 81. 1914 c. 17. 1870 c. 14. 1967 c. 4. Meaning of certain expressions relating to nationality in other Acts and instruments. 1965 c. 34. Consequential amendments, transitional provisions, repeals and savings. 1971 c. 77. 1978 c. 30. Citation, commencement and extent. 1971 c. 77. 1967 c. 4. Sections 6 and 8. 1971 c. 77. 1959 c. 72. 1975 c. 21. 1961 c. 15(N.I.) 1959 c. 72. Section 36. 1964 c. 54. 1964 c. 54. Section 37. Section 39(6). 1971 c. 77. Section 42(1). Section 50(1). 1960 c. 52. Section 52(6). 1948 c. 56. 1971 c. 77. 1948 c. 56. 1948 c. 56. 1948 c. 56. 1948 c. 56. 1948 c. 56. Section 52(7). 1960 c. 52. 1971 c. 77. 1971 c. 77. Section 52(8).

L.N. 445/82. L.N. 5/83. Acquisition by birth or adoption. Acquisition by descent. Acquisition by registration: minors. Acquisition by registration: British Dependent Territories citizens etc. Acquisition by registration: nationals for purposes of the Community treaties. Acquisition by naturalization. Right to registration by virtue of residence in U.K. or relevant employment. 1971 c. 77. 1971 c. 77. Registration by virtue of marriage. Right to registration by virtue of father's citizenship etc. 1971 c. 77. Registration following renunciation of citizenship of U.K. and Colonies. 1964 c. 22. Citizens of U.K. and Colonies who are to become British citizens at commencement. 1971 c. 77. 1964 c. 54. Renunciation. Resumption. Meaning of British citizen 'by descent' 1971 c. 77. Acquisition by birth or adoption. Acquisition by descent. Acquisition by registration: minors. Acquisition by naturalization. Right to registration by virtue of residence in dependent territory. 1971 c. 77. Registration by virtue of marriage. Right to registration by virtue of father's citizenship etc. Right to registration replacing right to resume citizenship of U.K. and Colonies. 1964 c. 22. Citizens of U.K. and Colonies who are to become British Dependent Territories citizens at commencement. 1964 c. 54. Renunciation and resumption. Meaning of British Dependent Territories citizen 'by descent'. Citizens of U.K. and Colonies who are to become British Overseas citizens at commencement. Registration of minors. Registration by virtue of marriage. Renunciation. Continuance as British subjects of existing British subjects of certain descriptions. 1965 c. 34. Continuance as British subjects of certain former citizens of Eire. Registration of minors. Registration of certain alien women entitled to registration as British subjects immediately before commencement. 1965 c. 34. Renunciation. Circumstances in which British subjects are to lose that status. Provisions for reducing statelessness. Commonwealth citizenship. British protected persons. Amendment of Immigration Act 1971. 1971 c. 77. 1971 c. 77. 1959 c. 72. 1960 c. 61. Deprivation of citizenship. Regulations and Orders in Council. 1953 c. 20. 1953 c. 37. 1965 c. 49. Registration and naturalization: general provisions. Exercise functions of Secretary of State by Governors and others. Decisions involving exercise of discretion. Evidence. Offences and proceedings. Legitimated children. Posthumous children. Registration and naturalization under British Nationality Acts 1948 to 1965. 1965 c. 34. Interpretation. L.N. 5/83. 1948 c. 56. 1978 c. 15. 1870 c. 14. 1971 c. 77. 1978 c. 30. 1971 c. 77. 1964 c. 81. 1914 c. 17. 1870 c. 14. 1967 c. 4. Meaning of certain expressions relating to nationality in other Acts and instruments. 1965 c. 34. Consequential amendments, transitional provisions, repeals and savings. 1971 c. 77. 1978 c. 30. Citation, commencement and extent. 1971 c. 77. 1967 c. 4. Sections 6 and 8. 1971 c. 77. 1959 c. 72. 1975 c. 21. 1961 c. 15(N.I.) 1959 c. 72. Section 36. 1964 c. 54. 1964 c. 54. Section 37. Section 39(6). 1971 c. 77. Section 42(1). Section 50(1). 1960 c. 52. Section 52(6). 1948 c. 56. 1971 c. 77. 1948 c. 56. 1948 c. 56. 1948 c. 56. 1948 c. 56. 1948 c. 56. Section 52(7). 1960 c. 52. 1971 c. 77. 1971 c. 77. Section 52(8).

https://oelawhk.lib.hku.hk/items/show/3626

1964

v28

75