British Nationality Act 1981

1981 c. 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.

Enacted[30th October 1981]^I1^C36^C37^C38^C39^C3^C4

Part I British Citizenship¶

Acquisition after commencement¶

^C961 Acquisition by birth or adoption.¶

^C401 A person born in the United Kingdom after commencement , or in a qualifying territory on or after the appointed day, shall be a British citizen if at the time of the birth his father or mother is—

a a British citizen; or

b settled in the United Kingdom or that territory.

1A A person born in the United Kingdom or a qualifying territory on or after the relevant day shall be a British citizen if at the time of the birth his father or mother is a member of the armed forces.

2 A new-born infant who, after commencement, is found abandoned in the United Kingdom , or on or after the appointed day is found abandoned in a qualifying territory, shall, unless the contrary is shown, be deemed for the purposes of subsection (1)—

a to have been born in the United Kingdom after commencement or in that territory on or after the appointed day; and

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

^C73 A person born in the United Kingdom after commencement who is not a British citizen by virtue of subsection (1) , (1A) or (2) or section 10A 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.

3A A person born in the United Kingdom on or after the relevant day who is not a British citizen by virtue of subsection (1), (1A) or (2) or section 10A shall be entitled to be registered as a British citizen if, while he is a minor—

a his father or mother becomes a member of the armed forces; and

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

^C74 A person born in the United Kingdom after commencement who is not a British citizen by virtue of subsection (1) , (1A) or (2) or section 10A 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—

^C101a any court in the United Kingdom or, on or after the appointed day, any court in a qualifying territory makes an order authorising the adoption of a minor who is not a British citizen; or

b a minor who is not a British citizen is adopted under a Convention adoption effected under the law of a country or territory outside the United Kingdom,

that minor shall, if the requirements of subsection (5A) are met, be a British citizen as from the date on which the order is made or the Convention adoption is effected, as the case may be.

5A Those requirements are that on the date on which the order is made or the Convention adoption is effected (as the case may be)—

^C103a the adopter or, in the case of a joint adoption, one of the adopters is a British citizen; and

b in a case within subsection (5)(b), the adopter or, in the case of a joint adoption, both of the adopters are habitually resident in the United Kingdom or in a designated territory.

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

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

8 In this section and elsewhere in this Act “settled” has the meaning given by section 50 ^F113....

9 The relevant day for the purposes of subsection (1A) or (3A) is the day appointed for the commencement of section 42 of the Borders, Citizenship and Immigration Act 2009 (which inserted those subsections).

2 Acquisition by descent.¶

1 A person born outside the United Kingdom and the qualifying territories after commencement shall be a British citizen if at the time of the birth his father or mother—

a is a British citizen otherwise than by descent; or

b is a British citizen and is serving outside the United Kingdom and the qualifying territories in service to which this paragraph applies, his or her recruitment for that service having taken place in the United Kingdom or a qualifying territory; or

c is a British citizen and is serving outside the United Kingdom and the qualifying territories in service under an EU 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 European Union.

2 Paragraph (b) of subsection (1) applies to—

a Crown service under the government of the United Kingdom or of a qualifying territory; and

b service of any description for the time being designated under subsection (3).

3 For the purposes of this section the Secretary of State may by order made by statutory instrument designate any description of service which he considers to be closely associated with the activities outside the United Kingdom and the qualifying territories of Her Majesty’s government in the United Kingdom or in a qualifying territory.

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

3 Acquisition by registration: minors.¶

^C8^C971 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.

^C912 A person born outside the United Kingdom and the qualifying territories shall be entitled, on an application for his registration as a British citizen made while he is a minor, to be registered as such a citizen if the requirements specified in subsection (3) or, in the case of a person born stateless, the requirements specified in paragraphs (a) and (b) of that subsection, are fulfilled in the case of either that person’s father or his mother (“the parent in question”).

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

a that the parent in question was a British citizen by descent at the time of the birth; and

b that the father or mother of the parent in question—

i was a British citizen otherwise than by descent at the time of the birth of the parent in question; or

ii became a British citizen otherwise than by descent at commencement, or would have become such a citizen otherwise than by descent at commencement but for his or her death; and

c that, as regards some period of three years ending with a date not later than the date of the birth—

i the parent in question was in the United Kingdom or a qualifying territory at the beginning of that period; and

ii the number of days on which the parent in question was absent from the United Kingdom and the qualifying territories in that period does not exceed 270.

^F1864 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^C9^C915 A person born outside the United Kingdom and the qualifying territories shall be entitled, on an application for his registration as a British citizen made while he is a minor, to be registered as such a citizen if the following requirements are satisfied, namely—

a that at the time of that person’s birth his father or mother was a British citizen by descent; and

b subject to subsection (6), that that person and his father and mother were in the United Kingdom or a qualifying territory at the beginning of the period of three years ending with the date of the application and that, in the case of each of them, the number of days on which the person in question was absent from the United Kingdom and the qualifying territories in that period does not exceed 270; and

c subject to subsection (6), that the consent of his father and mother to the registration has been signified in the prescribed manner.

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

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

b if his father or mother died on or before that date, the reference to his father and mother in paragraph (c) of that subsection shall be read as a reference to either of them; ^F116...

^F117c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F3297 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4 Acquisition by registration: British overseas territories citizensetc.¶

1 This section applies to any person who is a British overseas territories citizen, a British National (Overseas), a British Overseas citizen, a British subject under this Act or a British protected person.

^C5^C24^C1072 A person to whom this section applies shall be entitled, on an application for his registration as a British citizen, to be registered as such a citizen if the following requirements are satisfied in the case of that person, namely—

a subject to subsection (3), that he was in the United Kingdom at the beginning of the period of five years ending with the date of the application and that the number of days on which he was absent from the United Kingdom in that period does not exceed 450; and

b that the number of days on which he was absent from the United Kingdom in the period of twelve months so ending does not exceed 90; and

c that he was not at any time in the period of twelve months so ending subject under the immigration laws to any restriction on the period for which he might remain in the United Kingdom; and

d that he was not at any time in the period of five years so ending in the United Kingdom in breach of the immigration laws.

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

^C64 If in the special circumstances of any particular case the Secretary of State thinks fit, he may for the purposes of subsection (2) do all or any of the following things, namely—

za treat the person to whom the application relates as fulfilling the first requirement specified in subsection (2)(a) although the person was not in the United Kingdom at the beginning of the period there mentioned;

a treat the person to whom the application relates as fulfilling the second requirement specified in subsection (2)(a) or the requirement specified in subsection (2)(b), or both, although the number of days on which he was absent from the United Kingdom in the period there mentioned exceeds the number there mentioned;

b disregard any such restriction as is mentioned in subsection (2)(c), not being a restriction to which that person was subject on the date of the application;

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

4A Subsection (4B) applies where, on an application for registration as a British citizen made by a person to whom this section applies, the applicant has indefinite leave to enter or remain in the United Kingdom.

4B The Secretary of State may for the purposes of subsection (2) treat the applicant as fulfilling the requirement specified in subsection (2)(d), without enquiring into whether or not the applicant was in the United Kingdom in breach of the immigration laws in the period there mentioned.

4C The reference in subsection (4A) to having indefinite leave to enter or remain is to be construed in accordance with the Immigration Act 1971.

^C145 If, on an application for registration as a British citizen made by a person to whom this section applies, the Secretary of State is satisfied that the applicant has at any time served in service to which this subsection applies, he may, if he thinks fit in the special circumstances of the applicant’s case, cause him to be registered as such a citizen.

6 Subsection (5) applies to—

a Crown service under the government of a British overseas territory; and

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

^F3307 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^C15^C984A Acquisition by registration: further provision for British overseas territories citizens¶

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

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

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

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

^F3313 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4AA Acquisition by registration: Irish citizens¶

1 An Irish citizen is entitled to be registered as a British citizen if—

a an application for their registration is made under this section, and

b they satisfy the requirements specified in subsection (2).

2 The requirements are that—

a the person was in the United Kingdom at the beginning of the period of five years ending with the date of their application;

b the person was absent from the United Kingdom for—

i no more than 450 days in the period of five years ending with the date of their application, and

ii no more than 90 days in the period of 12 months ending with the date of their application; and

c the person was not in the United Kingdom in breach of the immigration laws at any time in the period of five years ending with the date of their application.

3 If in the special circumstances of a particular case the Secretary of State thinks fit, the Secretary of State may treat the person as satisfying a requirement specified in subsection (2), even if they did not in fact satisfy the requirement.

^F3324 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4B Acquisition by registration: certain persons without other citizenship¶

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

a British Overseas citizen,

b British subject under this Act, ^F187. . .

c British protected person., or

d British National (Overseas)

2 A person to whom this section applies shall be entitled to be registered as a British citizen if—

a he applies for registration under this section,

b the Secretary of State is satisfied that the person does not have, apart from the status mentioned in subsection (1), any citizenship or nationality, and

c the Secretary of State is satisfied that the person has not after the relevant day renounced, voluntarily relinquished or lost through action or inaction any citizenship or nationality

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

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

b in any other case, 4th July 2002.

^C164C Acquisition by registration: certain persons born before 1983¶

1 A person is entitled to be registered as a British citizen if—

a he applies for registration under this section, and

b he satisfies each of the following conditions.

2 The first condition is that the applicant was born ^F191. . . before 1st January 1983.

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

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

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

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

i assumption A had applied;

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

3A Assumption A is that—

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

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

3B Assumption B is that—

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

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

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

a depends, amongst other things, on the nationality status of one or both of P's parents, and

b does not depend upon an application being made for P's registration as a person who has the status in question.

3D In determining for the purposes of subsection (3) whether a person would have been a citizen of the United Kingdom and Colonies, the requirement that a person’s birth was registered at a United Kingdom consulate, as set out in section 5(1)(b) of the British Nationality Act 1948, is to be ignored.

4 The third condition is that immediately before 1st January 1983 the applicant would have had the right of abode in the United Kingdom by virtue of section 2 of the Immigration Act 1971 (c. 77) had he become a citizen of the United Kingdom and Colonies as described in subsection (3) above.

5 For the purposes of the interpretation of section 5 of the 1948 Act in its application in the case of assumption A to a case of descent from a mother, the reference in the proviso to subsection (1) of that section to “a citizen of the United Kingdom and Colonies by descent only” includes a reference to a female person who became a citizen of the United Kingdom and Colonies by virtue of—

a section 12(2), (4) or (6) only of the 1948 Act,

b section 13(2) of that Act,

c paragraph 3 of Schedule 3 to that Act, or

d section 1(1)(a) or (c) of the British Nationality (No. 2) Act 1964.

4D Acquisition by registration: children of members of the armed forces¶

1 A person (“P”) born outside the United Kingdom and the qualifying territories on or after the relevant day is entitled to be registered as a British citizen if—

a an application is made for P's registration under this section; and

b each of the following conditions is satisfied.

2 The first condition is that, at the time of P's birth, P's father or mother was—

a a member of the armed forces; and

b serving outside the United Kingdom and the qualifying territories.

3 The second condition is that, if P is a minor on the date of the application, the consent of P's father and mother to P's registration as a British citizen has been signified in the prescribed manner.

4 But if P's father or mother has died on or before the date of the application, the reference in subsection (3) to P's father and mother is to be read as a reference to either of them.

5 The Secretary of State may, in the special circumstances of a particular case, waive the need for the second condition to be satisfied.

6 The relevant day for the purposes of this section is the day appointed for the commencement of section 46 of the Borders, Citizenship and Immigration Act 2009 (which inserted this section).

4E The general conditions¶

For the purposes of sections 4F to 4I, a person (“P”) meets the general conditions if—

^F275a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b at the time of P's birth, P's mother—

i was not married, or

ii was married to a person other than P's natural father;

c no person is treated as the father of P under section 28 of the Human Fertilisation and Embryology Act 1990 or under section 35 or 36 of the Human Fertilisation and Embryology Act 2008;

ca no person is treated as a parent of P under section 42 or 43 of the Human Fertilisation and Embryology Act 2008; and

d P has never been a British citizen.

4F Person unable to be registered under other provisions of this Act¶

1 A person (“P”) is entitled to be registered as a British citizen on an application made under this section if—

a P meets the general conditions; and

b P would be entitled to be registered as a British citizen under—

i section 1(3),

ii section 3(2),

iii section 3(5),

iiia section 4D,

iv paragraph 4 of Schedule 2, or

v paragraph 5 of Schedule 2,

had P's mother been married to P's natural father at the time of P's birth.

2 In the following provisions of this section “relevant registration provision” means the provision under which P would be entitled to be registered as a British citizen (as mentioned in subsection (1)(b)).

3 If the relevant registration provision is section 3(2), a person who is registered as a British citizen under this section is a British citizen by descent.

4 If the relevant registration provision is section 3(5), the Secretary of State may, in the special circumstances of the particular case, waive the need for any or all of the parental consents to be given.

5 For that purpose, the “parental consents” are—

a the consent of P's natural father, and

b the consent of P's mother,

insofar as they would be required by section 3(5)(c) (as read with section 3(6)(b)), had P's mother been married to P's natural father at the time of P's birth.

4G Person unable to become citizen automatically after commencement¶

1 A person (“P”) is entitled to be registered as a British citizen on an application made under this section if—

a P meets the general conditions; and

b at any time in the period after commencement, P would have automatically become a British citizen at birth by the operation of any provision of this Act or the British Nationality (Falkland Islands) Act 1983, had P's mother been married to P's natural father at the time of P's birth.

2 A person who is registered as a British citizen under this section is a British citizen by descent if the British citizenship which the person would have acquired at birth (as mentioned in subsection (1)(b)) would (by virtue of section 14) have been British citizenship by descent.

3 If P is under the age of 18, no application may be made unless the consent of P's natural father and mother to the registration has been signified in the prescribed manner.

4 But if P's natural father or mother has died on or before the date of the application, the reference in subsection (3) to P's natural father and mother is to be read as a reference to either of them.

5 The Secretary of State may, in the special circumstances of a particular case, waive the need for any or all of the consents required by subsection (3) (as read with subsection (4)) to be given.

6 The reference in this section to the period after commencement does not include the time of commencement (and, accordingly, this section does not apply to any case in which a person was unable to become a British citizen at commencement).

4H Citizen of UK and colonies unable to become citizen at commencement¶

1 A person (“P”) is entitled to be registered as a British citizen on an application made under this section if—

a P meets the general conditions;

b P was a citizen of the United Kingdom and Colonies immediately before commencement; and

c P would have automatically become a British citizen at commencement, by the operation of any provision of this Act, had P's mother been married to P's natural father at the time of P's birth.

2 A person who is registered as a British citizen under this section is a British citizen by descent if the British citizenship which the person would have acquired at commencement (as mentioned in subsection (1)(c)) would (by virtue of section 14) have been British citizenship by descent.

4I Other person unable to become citizen at commencement¶

1 A person (“P”) is entitled to be registered as a British citizen on an application made under this section if—

a P meets the general conditions;

b P is either—

i an eligible former British national, or

ii an eligible non-British national; and

c had P's mother been married to P's natural father at the time of P's birth, P—

i would have been a citizen of the United Kingdom and Colonies immediately before commencement, and

ii would have automatically become a British citizen at commencement by the operation of any provision of this Act.

1A In determining for the purposes of subsection (1)(c)(i) whether a person would have been a citizen of the United Kingdom and Colonies, the requirement that a person’s birth was registered at a United Kingdom consulate, as set out in section 5(1)(b) of the British Nationality Act 1948, is to be ignored.

2 P is an “eligible former British national” if P was not a citizen of the United Kingdom and Colonies immediately before commencement and either—

a P ceased to be a British subject or a citizen of the United Kingdom and Colonies by virtue of the commencement of any independence legislation, but would not have done so had P's mother been married to P's natural father at the time of P's birth, or

b P was a British subject who did not automatically become a citizen of the United Kingdom and Colonies at commencement of the British Nationality Act 1948 by the operation of any provision of it, but would have done so had P's mother been married to P's natural father at the time of P's birth.

3 P is an “eligible non-British national” if—

a P was never a British subject or citizen of the United Kingdom and Colonies; and

b had P's mother been married to P's natural father at the time of P's birth, P would have automatically become a British subject or citizen of the United Kingdom and Colonies—

i at birth, or

ii by virtue of paragraph 3 of Schedule 3 to the British Nationality Act 1948 (child of male British subject to become citizen of the United Kingdom and Colonies if the father becomes such a citizen).

4 A person who is registered as a British citizen under this section is a British citizen by descent if the British citizenship which the person would have acquired at commencement (as mentioned in subsection (1)(c)(ii)) would (by virtue of section 14) have been British citizenship by descent.

5 In determining for the purposes of subsection (1)(c)(i) whether P would have been a citizen of the United Kingdom and Colonies immediately before commencement, it must be assumed that P would not have—

a renounced or been deprived of any notional British nationality, or

b lost any notional British nationality by virtue of P acquiring the nationality of a country or territory outside the United Kingdom.

6 A “notional British nationality” is—

a in a case where P is an eligible former British national, any status as a British subject or a citizen of the United Kingdom and Colonies which P would have held at any time after P's nationality loss (had that loss not occurred and had P's mother had been married to P's natural father at the time of P's birth);

b in a case where P is an eligible non-British national—

i P's status as a British subject or citizen of the United Kingdom and Colonies mentioned in subsection (3)(b), and

ii any other status as a British subject or citizen of the United Kingdom and Colonies which P would have held at any time afterwards (had P's mother been married to P's natural father at the time of P's birth).

7 In this section—

“British subject” has any meaning which it had for the purposes of the British Nationality and Status of Aliens Act 1914;
“independence legislation” means an Act of Parliament or any subordinate legislation (within the meaning of the Interpretation Act 1978) forming part of the law in the United Kingdom (whenever passed or made, and whether or not still in force)—
1. providing for a country or territory to become independent from the United Kingdom, or
2. dealing with nationality, or any other ancillary matters, in connection with a country or territory becoming independent from the United Kingdom;
“P's nationality loss” means P's—
1. ceasing to be a British subject or citizen of the United Kingdom and Colonies (as mentioned in subsection (2)(a)), or
2. not becoming a citizen of the United Kingdom and Colonies (as mentioned in subsection (2)(b)).

4J Sections 4E to 4I: supplementary provision¶

1 In sections 4E to 4I and this section, a person's “natural father” is a person who satisfies the requirements as to proof of paternity that are prescribed in regulations under section 50(9B).

2 The power under section 50(9B) to make different provision for different circumstances includes power to make provision for the purposes of any provision of sections 4E to 4I which is different from other provision made under section 50(9B).

3 The following provisions apply for the purposes of sections 4E to 4I.

4 A reference to a person automatically becoming a British citizen, or a citizen of the United Kingdom and Colonies, is a reference to the person becoming such a citizen without the need for—

a the person to be registered as such a citizen by the Secretary of State or any other minister of the Crown;

b the birth of the person to be registered by a diplomatic or consular representative of the United Kingdom; or

c the person to be naturalised as such a citizen.

5 If the mother of a person could not actually have been married to the person's natural father at the time of the person's birth (for whatever reason), that fact does not prevent an assumption being made that the couple were married at the time of the birth.

4K Acquisition by registration: certain British overseas territories citizens¶

1 A person is entitled to be registered as a British citizen on an application made under this section if—

a they are entitled to be registered as a British overseas territories citizen under section 17A, 17C, 17D, 17E, 17F or 17H, or

b they would be entitled to be registered as a British overseas territories citizen under any of those sections but for the fact that they have already become a British overseas territories citizen under a different provision.

2 Subsection (1) does not apply in the case of a person—

a who is or would be entitled to be registered as a British overseas territories citizen by virtue only of a connection with the Sovereign Base Areas of Akrotiri and Dhekelia, or

b who has previously been a British citizen.

3 The Secretary of State may not register a person as a British citizen on an application under subsection (1)(a) unless the person is also registered as a British overseas territories citizen.

4L Acquisition by registration: special circumstances¶

1 If an application is made for a person of full age and capacity (“P”) to be registered as a British citizen, the Secretary of State may cause P to be registered as such a citizen if, in the Secretary of State’s opinion, P would have been, or would have been able to become, a British citizen but for—

a historical legislative unfairness,

b an act or omission of a public authority, or

c exceptional circumstances relating to P.

2 For the purposes of subsection (1)(a), “historical legislative unfairness” includes circumstances where P would have become, or would not have ceased to be, a British subject, a citizen of the United Kingdom and Colonies or a British citizen, if an Act of Parliament or subordinate legislation (within the meaning of the Interpretation Act 1978) had, for the purposes of determining a person’s nationality status—

a treated males and females equally,

b treated children of unmarried couples in the same way as children of married couples, or

c treated children of couples where the mother was married to someone other than the natural father in the same way as children of couples where the mother was married to the natural father.

3 In subsection (1)(b), “public authority” means any public authority within the meaning of section 6 of the Human Rights Act 1998, other than a court or tribunal.

4 In considering whether to grant an application under this section, the Secretary of State may take into account whether the applicant is of good character.

^C17^C905 Acquisition by registration: British overseas territories citizens having connection with Gibraltar¶

^F333... A person who is a British overseas territories citizen by virtue of a connection with Gibraltar is entitled to be registered as a British citizen if an application is made for their registration as such a citizen.

^C1086 Acquisition by naturalisation.¶

1 If, on an application for naturalisation as a British citizen made by a person of full age and capacity, the Secretary of State is satisfied that the applicant fulfils the requirements of Schedule 1 for naturalisation as such a citizen under this subsection, he may, if he thinks fit, grant to him a certificate of naturalisation as such a citizen.

2 If, on an application for naturalisation as a British citizen made by a person of full age and capacity who on the date of the application is married to a British citizen, or is the civil partner of a British citizen the Secretary of State is satisfied that the applicant fulfils the requirements of Schedule 1 for naturalisation as such a citizen under this subsection, he may, if he thinks fit, grant to him a certificate of naturalisation as such a citizen.

^F3343 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Acquisition after commencement: special cases¶

7 Right to registration by virtue of residence in U.K. or relevant employment.¶

^F83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8 Registration by virtue of marriage.¶

^F84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9 Right to registration by virtue of father’s citizenship etc.¶

^F85. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10 Registration following renunciation of citizenship of U.K. and Colonies.¶

^C13^C1061 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 ^M1British 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 ^F120... by virtue of having been married before commencement to a person who has, or would if living have, such a connection.

^C13^C1122 On an application for his registration as a British citizen made by a person of full capacity who had before commencement ceased to be a citizen of the United Kingdom and Colonies as a result of a declaration of renunciation, the Secretary of State may, if he thinks fit, cause that person to be registered as a British citizen if that person—

a has an appropriate qualifying connection with the United Kingdom; or

b ^F120... has been married to , or has been the civil partner of, a person who has, or would if living have, such a connection.

3 A person shall not be entitled to registration under subsection (1) on more than one occasion.

4 For the purposes of this section a person shall be taken to have an appropriate qualifying connection with the United Kingdom if he, his father or his father’s father—

a was born in the United Kingdom; or

b is or was a person naturalised in the United Kingdom; or

c was registered as a citizen of the United Kingdom and Colonies in the United Kingdom or in a country which at the time was mentioned in section 1(3) of the 1948 Act.

^F3355 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10A Acquisition in connection with immigration rules Appendix EU¶

1 This section applies to a person born in the United Kingdom on or after 1stJuly 2021 who is not a British citizen on the relevant date by virtue of any other provision of this Act.

2 A person to whom this section applies (“C”) is a British citizen as from the relevant date if conditions 1 to 3 are satisfied in the case of either C’s father or mother (“P”).

3 Condition 1 is that, on or after 1st July 2021, P is granted—

a UK related indefinite leave under paragraph EU2 of Appendix EU to the UK immigration rules;

b Isle of Man related indefinite leave under paragraph EU2 of Appendix EU to the Isle of Man immigration rules,

and the date of grant of such leave is referred to in this section as “the relevant date”.

4 Condition 2 is that—

a P is granted the leave described in subsection (3)(a) or (b) pursuant to an application made before 1st July 2021, or

b immediately before 1st July 2021, P would have met the eligibility requirements for—

i UK related indefinite leave within paragraph EU11 or EU12 of Appendix EU to the UK immigration rules, or

ii Isle of Man related indefinite leave within paragraph EU11 or EU12 of Appendix EU to the Isle of Man immigration rules,

if an application had been made at that time.

5 Condition 3 is that P is ordinarily resident in the United Kingdom on the relevant date.

6 In determining whether subsection (4)(b) applies, it is to be assumed that P was not entitled to any exemption under section 8 of the Immigration Act 1971 immediately before 1st July 2021.

7 Any subsequent change to the immigration status of P does not affect the status of C as a British citizen.

8 In this section—

“Isle of Man immigration rules” means the rules laid down under section 3(2) of the Immigration Act 1971 as that section extends to the Isle of Man;
“Isle of Man related indefinite leave” means indefinite leave as defined in section 33(1) of the Immigration Act 1971 as that section extends to the Isle of Man;
“the relevant date” has the meaning given in subsection (3);
“UK immigration rules” means the rules laid down under section 3(2) of the Immigration Act 1971;
“UK related indefinite leave” means indefinite leave as defined in section 33(1) of the Immigration Act 1971.

Acquisition at commencement¶

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

1 Subject to subsection (2), a person who immediately before commencement—

a was a citizen of the United Kingdom and Colonies; and

b had the right of abode in the United Kingdom under the ^M2Immigration Act 1971 as then in force,

shall at commencement become a British citizen.

2 A person who was registered as a citizen of the United Kingdom and Colonies under section 1 of the ^M3British Nationality (No. 2) Act 1964 (stateless persons) on the ground mentioned in subsection (1)(a) of that section (namely that his mother was a citizen of the United Kingdom and Colonies at the time when he was born) shall not become a British citizen under subsection (1) unless—

a his mother becomes a British citizen under subsection (1) or would have done so but for her death; or

b immediately before commencement he had the right of abode in the United Kingdom by virtue of section 2(1)(c) of the Immigration Act 1971 as then in force (settlement in United Kingdom, combined with five or more years’ ordinary residence there as a citizen of the United Kingdom and Colonies).

3 A person who—

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

b was so registered on an application under the said subsection (6) based on the applicant’s descent in the male line from a person (“the relevant person”) possessing one of the qualifications specified in subsection (1)(a) and (b) of that section (birth or naturalisation in the United Kingdom and Colonies),

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

^C41 Renunciation and resumption ¶

^C4212 Renunciation.¶

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

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

3 A declaration made by a person in pursuance of this section shall not be registered unless the Secretary of State is satisfied that the person who made it will after the registration have or acquire some citizenship or nationality other than British citizenship; and if that person does not have any such citizenship or nationality on the date of registration and does not acquire some such citizenship or nationality within six months from that date, he shall be, and be deemed to have remained, a British citizen notwithstanding the registration.

4 The Secretary of State may withhold registration of any declaration made in pursuance of this section if it is made during any war in which Her Majesty may be engaged in right of Her Majesty’s government in the United Kingdom.

5 For the purposes of this section any person who has been married , or has formed a civil partnership, shall be deemed to be of full age.

13 Resumption.¶

^C18^C95^C1091 Subject to subsection (2), a person who has ceased to be a British citizen as a result of a declaration of renunciation shall be entitled, on an application for his registration as a British citizen, to be registered as such a citizen if—

a he is of full capacity; and

b his renunciation of British citizenship was necessary to enable him to retain or acquire some other citizenship or nationality.

2 A person shall not be entitled to registration under subsection (1) on more than one occasion.

^C18^C102^C1053 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.

^F3364 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary¶

14 Meaning of British citizen (by descent).¶

1 For the purposes of this Act a British citizen is a British citizen “by descent” if and only if—

a he is a person born outside the United Kingdom after commencement who is a British citizen by virtue of section 2(1)(a) only or by virtue of registration under section 3(2) or 9; or

b subject to subsection (2), he is a person born outside the United Kingdom before commencement who became a British citizen at commencement and immediately before commencement—

i was a citizen of the United Kingdom and Colonies by virtue of section 5 of the 1948 Act (citizenship by descent); or

ii was a person who, under any provision of the British Nationality Acts 1948 to 1965, was deemed for the purposes of the proviso to section 5(1) of the 1948 Act to be a citizen of the United Kingdom and Colonies by descent only, or would have been so deemed if male; or

iii had the right of abode in the United Kingdom by virtue only of paragraph (b) of subsection (1) of section 2 of the ^M4Immigration Act 1971 as then in force (connection with United Kingdom through parent or grandparent), or by virtue only of that paragraph and paragraph (c) of that subsection (settlement in United Kingdom with five years’ ordinary residence there), or by virtue only of being or having been the wife of a person who immediately before commencement had that right by virtue only of the said paragraph (b) or the said paragraphs (b) and (c); or

iv being a woman, was a citizen of the United Kingdom and Colonies as a result of her registration as such a citizen under section 6(2) of the 1948 Act by virtue of having been married to a man who at commencement became a British citizen by descent or would have done so but for his having died or ceased to be a citizen of the United Kingdom and Colonies as a result of a declaration of renunciation; or

c he is a British citizen by virtue of registration under section 3(1) and either—

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

ii his father or mother was a citizen of the United Kingdom and Colonies at that time and became a British citizen at commencement, or would have done so but for his or her death; or

d he is a British citizen by virtue of registration under section 4B , 4C or 5; or

da the person is a British citizen by descent by virtue of section 4F(3), 4G(2), 4H(2) or 4I(4); or

db the person is a British citizen by virtue of registration under section 4K and is—

i a British overseas territories citizen by virtue of registration under section 17A, or

ii a British overseas territories citizen by descent by virtue of section 17C(3), 17D(2), 17E(2) or 17F(5); or

e subject to subsection (2), being a woman born outside the United Kingdom before commencement, she is a British citizen as a result of her registration as such a citizen under section 8 by virtue of being or having been married to a man who at commencement became a British citizen by descent or would have done so but for his having died or ceased to be a citizen of the United Kingdom and Colonies as a result of a declaration of renunciation; or

f he is a British citizen by virtue of registration under section 10 who, having before commencement ceased to be a citizen of the United Kingdom and Colonies as a result of a declaration of renunciation, would, if he had not so ceased, have at commencement become a British citizen by descent by virtue of paragraph (b); or

g he is a British citizen by virtue of registration under section 13 who, immediately before he ceased to be a British citizen as a result of a declaration of renunciation, was such a citizen by descent; or

h he is a person born in a British overseas territory after commencement who is a British citizen by virtue of paragraph 2 of Schedule 2.

2 A person born outside the United Kingdom before commencement is not a British citizen “by descent” by virtue of subsection (1)(b) or (e) if his father was at the time of his birth serving outside the United Kingdom—

a in service of a description mentioned in subsection (3), his recruitment for the service in question having taken place in the United Kingdom; or

b in service under a EU institution, his recruitment for that service having taken place in a country which at the time of the recruitment was a member of the Communities.

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

a Crown service under the government of the United Kingdom; and

b service of any description at any time designated under section 2(3).

^C43Part II British overseas territories citizenship¶

Acquisition after commencement¶

15 Acquisition by birth or adoption.¶

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

a a British overseas territories citizen; or

b settled in a British overseas territory.

2 A new-born infant who, after commencement, is found abandoned in a British overseas territory shall, unless the contrary is shown, be deemed for the purposes of subsection (1)—

a to have been born in that territory after commencement; and

b to have been born to a parent who at the time of the birth was a British overseas territories citizen or settled in a British overseas territory.

^C193 A person born in a British overseas territory after commencement who is not a British overseas territories citizen by virtue of subsection (1) or (2) shall be entitled to be registered as such a citizen if, while he is a minor—

a his father or mother becomes such a citizen or becomes settled in a British overseas territory; and

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

^C194 A person born in a British overseas territory after commencement who is not a British overseas territories citizen by virtue of subsection (1) or (2) shall be entitled, on an application for his registration as a British overseas territories citizen made at any time after he has attained the age of ten years, to be registered as such a citizen if, as regards each of the first ten years of that person’s life, the number of days on which he was absent from that territory in that year does not exceed 90.

5 Where after commencement an order authorising the adoption of a minor who is not a British overseas territories citizen is made by a court in any British overseas territory , he shall be a British overseas territories citizen as from the date on which the order is made if the adopter or, in the case of a joint adoption, one of the adopters, is a British overseas territories citizen on that date.

5A Where—

a a minor who is not a British overseas territories citizen is adopted under a Convention adoption,

b on the date on which the adoption is effected—

i the adopter or, in the case of a joint adoption, one of the adopters is a British overseas territories citizen, and

ii the adopter or, in the case of a joint adoption, both of the adopters are habitually resident in a designated territory, and

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

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

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

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

16 Acquisition by descent.¶

1 A person born outside the British overseas territories after commencement shall be a British overseas territories citizen if at the time of the birth his father or mother—

a is such a citizen otherwise than by descent; or

b is such a citizen and is serving outside the British overseas territories in service to which this paragraph applies, his or her recruitment for that service having taken place in a British overseas territory .

2 Paragraph (b) of subsection (1) applies to—

a Crown service under the government of a British overseas territory ; and

b service of any description for the time being designated under subsection (3).

3 For the purposes of this section the Secretary of State may by order made by statutory instrument designate any description of service which he considers to be closely associated with the activities outside the British overseas territories of the government of any British overseas territory .

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

17 Acquisition by registration: minors.¶

^C10^C1001 If while a person is a minor an application is made for his registration as a British overseas territories citizen the Secretary of State may, if the thinks fit, cause him to be registered as such a citizen.

^C1102 A person born outside the British overseas territories shall be entitled, on an application for his registration as a British overseas territories citizen made while the person is a minor, to be registered as such a citizen if the requirements specified in subsection (3) or, in the case of a person born stateless, the requirements specified in paragraphs (a) and (b) of that subsection, are fulfilled in the case of either that person’s father or his mother (“the parent in question”).

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

a that the parent in question was a British overseas territories citizen by descent at the time of the birth; and

b that the father or mother of the parent in question—

i was a British overseas territories citizen otherwise than by descent at the time of the birth of the parent in question; or

ii became a British overseas territories citizen otherwise than by descent at commencement, or would have become such a citizen otherwise than by descent at commencement but for his or her death; and

c that, as regards some period of three years ending with a date not later than the date of the birth—

i the parent in question was in a British overseas territory at the beginning of that period; and

ii the number of days on which the parent in question was absent from that territory in that period does not exceed 270.

^F2694 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^C10^C1105 A person born outside the British overseas territories shall be entitled, and on application for his registration as a British overseas territories citizen made while he is a minor, to be registered as such a citizen if the following requirements are satisfied, namely—

a that at the time of that person’s birth his father or mother was a British overseas territories citizen by descent; and

b subject to subsection (6), that that person and his father and mother were in one and the same British overseas territory(no matter which) at the beginning of the period of three years ending with the date of the application and that, in the case of each of them, the number of days on which the person in question was absent from the last-mentioned territory in that period does not exceed 270; and

c subject to subsection (6), that the consent of his father and mother to the registration has been signified in the prescribed manner.

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

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; ^F127...

^F128c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F3377 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17A Registration: remedying inability of mothers to transmit citizenship¶

1 On an application for registration under this section, a person (“P”) is entitled to be registered as a British overseas territories citizen if the following three conditions are met.

2 The first condition is that—

a P would have become a citizen of the United Kingdom and Colonies under any of the following provisions of the British Nationality Act 1948—

i section 5 (person born on or after 1 January 1949: citizenship by descent);

ii section 12(2) (person born before 1 January 1949: citizenship by descent);

iii section 12(3) (person born before 1 January 1949 in British protectorate etc);

iv section 12(4) (person born before January 1949 not becoming citizen of other country);

v section 12(5) (woman married before 1 January 1949 to a man who became or would have become a citizen of the United Kingdom and Colonies);

vi paragraph 3 of Schedule 3 (person born on or after 1 January 1949 to a British subject without citizenship);

had P’s parents been treated equally, by that Act or by any relevant previous provision, for the purposes of determining P’s nationality status; or

b P would have been a citizen of the United Kingdom and Colonies immediately before commencement had P’s parents been treated equally, for the purposes of determining P’s nationality status, by any independence legislation that caused P to lose that citizenship.

3 In subsection (2)—

“relevant previous provision” means a provision of the law that was in force at some time before 1 January 1949 which provided for a nationality status to be transmitted from a parent to a child without the need for an application to be made for the child to be registered as a person with that nationality status;
“independence legislation” means an Act of Parliament or any subordinate legislation (within the meaning of the Interpretation Act 1978) forming part of the law in the United Kingdom (whenever passed or made, and whether or not still in force)—
1. providing for a country or territory to become independent from the United Kingdom, or
2. dealing with nationality, or any other ancillary matters, in connection with a country or territory becoming independent from the United Kingdom.

4 In determining for the purposes of subsection (2) whether a person would have become a citizen of the United Kingdom and Colonies under section 5 of the British Nationality Act 1948, the requirement that a person’s birth was registered at a United Kingdom consulate, as set out in subsection (1)(b) of that section, is to be ignored.

5 The second condition is that, if P had become or been a citizen of the United Kingdom and Colonies as mentioned in subsection (2), P would at commencement have become a British Dependent Territories citizen under section 23(1)(b) or (c).

6 The third condition is that, if P had become a British Dependent Territories citizen as mentioned in subsection (5), P would have become a British overseas territories citizen on the commencement of section 2 of the British Overseas Territories Act 2002.

17B Registration: unmarried fathers; the general conditions¶

For the purposes of sections 17C to 17F, a person (“P”) meets the general conditions if—

a at the time of P’s birth, P’s mother—

i was not married, or

ii was married to a person other than P’s natural father;

b no person is treated as the father of P under—

i section 28 of the Human Fertilisation and Embryology Act 1990, or

ii section 35 or 36 of the Human Fertilisation and Embryology Act 2008;

c no person is treated as a parent of P under section 42 or 43 of the Human Fertilisation and Embryology Act 2008; and

d P has never been a British overseas territories citizen or a British Dependent Territories citizen.

17C Person unable to be registered under other provisions of this Act¶

1 A person (“P”) is entitled to be registered as a British overseas territories citizen on an application made under this section if—

a P meets the general conditions; and

b P would be entitled to be registered as a British overseas territories citizen under—

i section 15(3),

ii section 17(2),

iii section 17(5),

iv paragraph 4 of Schedule 2, or

v paragraph 5 of Schedule 2,

had P’s mother been married to P’s natural father at the time of P’s birth.

2 In the following provisions of this section, “relevant registration provision” means the provision under which P would be entitled to be registered as a British overseas territories citizen (as mentioned in subsection (1)(b)).

3 If the relevant registration provision is section 17(2), a person who is registered as a British overseas territories citizen under this section is a British overseas territories citizen by descent.

4 If the relevant registration provision is section 17(5), the Secretary of State may, in the special circumstances of the particular case, waive the need for any or all of the parental consents to be given.

5 For that purpose, the “parental consents” are—

a the consent of P’s natural father, and

b the consent of P’s mother,

insofar as they would be required by section 17(5)(c) (as read with section 17(6)(b)), had P’s mother been married to P’s natural father at the time of P’s birth.

17D Person unable to become citizen automatically after commencement¶

1 A person (“P”) is entitled to be registered as a British overseas territories citizen on an application made under this section if—

a P meets the general conditions;

b at any time in the period after commencement, P would have automatically become a British Dependent Territories citizen or a British overseas territories citizen at birth by the operation of—

i section 15(1),

ii section 16, or

iii paragraph 1 of Schedule 2,

had P’s mother been married to P’s natural father at the time of P’s birth; and

c in a case where P would have become a British Dependent Territories citizen as mentioned in paragraph (b), P would then have automatically become a British overseas territories citizen by the operation of section 2 of the British Overseas Territories Act 2002.

2 A person who is registered as a British overseas territories citizen under this section is a British overseas territories citizen by descent if the citizenship which the person would have acquired at birth (as mentioned in subsection (1)(b)) would (by virtue of section 25) have been citizenship by descent.

3 If P is under the age of 18, no application may be made unless the consent of P’s natural father and mother to the registration has been signified in the prescribed manner.

4 But if P’s natural father or mother has died on or before the date of the application, the reference in subsection (3) to P’s natural father and mother is to be read as a reference to either of them.

5 The Secretary of State may, in the special circumstances of a particular case, waive the need for any or all of the consents required by subsection (3) (as read with subsection (4)) to be given.

17E Citizen of UK and Colonies unable to become citizen at commencement¶

1 A person (“P”) is entitled to be registered as a British overseas territories citizen on an application made under this section if—

a P meets the general conditions;

b P—

i was a citizen of the United Kingdom and Colonies immediately before commencement, or

ii would have become such a citizen as mentioned in section 17A(2)(a), or

iii would have been such a citizen immediately before commencement as mentioned in section 17A(2)(b);

c P would then have automatically become a British Dependent Territories citizen at commencement by the operation of section 23, had P’s mother been married to P’s natural father at the time of P’s birth; and

d P would then have automatically become a British overseas territories citizen by the operation of section 2 of the British Overseas Territories Act 2002.

2 A person who is registered as a British overseas territories citizen under this section is a British overseas territories citizen by descent if the citizenship which the person would have acquired at commencement (as mentioned in subsection (1)(c)) would (by virtue of section 25) have been citizenship by descent.

17F Other person unable to become citizen at commencement¶

1 A person (“P”) is entitled to be registered as a British overseas territories citizen on an application made under this section if—

a P meets the general conditions;

b P is either—

i an eligible former British national, or

ii an eligible non-British national; and

c had P’s mother been married to P’s natural father at the time of P’s birth, P—

i would have been a citizen of the United Kingdom and Colonies immediately before commencement,

ii would have automatically become a British Dependent Territories citizen at commencement by the operation of section 23, and

iii would have automatically become a British overseas territories citizen by the operation of section 2 of the British Overseas Territories Act 2002.

2 In determining for the purposes of subsection (1)(c)(i) whether a person would have been a citizen of the United Kingdom and Colonies, the requirement that a person’s birth was registered at a United Kingdom consulate, as set out in section 5(1)(b) of the British Nationality Act 1948, is to be ignored.

3 P is an “eligible former British national” if P was not a citizen of the United Kingdom and Colonies immediately before commencement and either—

a P ceased to be a British subject or a citizen of the United Kingdom and Colonies by virtue of the commencement of any independence legislation, but would not have done so had P’s mother been married to P’s natural father at the time of P’s birth, or

b P was a British subject who did not automatically become a citizen of the United Kingdom and Colonies at commencement of the British Nationality Act 1948 by the operation of any provision of it, but would have done so had P’s mother been married to P’s natural father at the time of P’s birth.

4 P is an “eligible non-British national” if—

a P was never a British subject or citizen of the United Kingdom and Colonies; and

b had P’s mother been married to P’s natural father at the time of P’s birth, P would have automatically become a British subject or citizen of the United Kingdom and Colonies—

i at birth, or

ii by virtue of paragraph 3 of Schedule 3 to the British Nationality Act 1948 (child of male British subject to become citizen of the United Kingdom and Colonies if father becomes such a citizen).

5 A person who is registered as a British overseas territories citizen under this section is a British overseas territories citizen by descent if the citizenship which the person would have acquired at commencement (as mentioned in subsection (1)(c)(ii)) would (by virtue of section 25) have been citizenship by descent.

6 In determining for the purposes of subsection (1)(c)(i) whether P would have been a citizen of the United Kingdom and Colonies immediately before commencement, it must be assumed that P would not have—

a renounced or been deprived of any notional British nationality, or

b lost any notional British nationality by virtue of P acquiring the nationality of a country or territory outside the United Kingdom.

7 A “notional British nationality” is—

a in a case where P is an eligible former British national, any status as a British subject or a citizen of the United Kingdom and Colonies which P would have held at any time after P’s nationality loss (had that loss not occurred and had P’s mother been married to P’s natural father at the time of P’s birth);

b in a case where P is an eligible non-British national—

i P’s status as a British subject or citizen of the United Kingdom and Colonies as mentioned in subsection (4)(b), and

ii any other status as a British subject or citizen of the United Kingdom and Colonies which P would have held at any time afterwards (had P’s mother been married to P’s natural father at the time of P’s birth).

8 In this section—

“British subject” has any meaning which it had for the purposes of the British Nationality and Status of Aliens Act 1914;
“independence legislation” means an Act of Parliament or any subordinate legislation (within the meaning of the Interpretation Act 1978) forming part of the law in the United Kingdom (whenever passed or made, and whether or not still in force)—
1. providing for a country or territory to become independent from the United Kingdom, or
2. dealing with nationality, or any other ancillary matters, in connection with a country or territory becoming independent from the United Kingdom;
“P’s nationality loss” means P’s—
1. ceasing to be a British subject or citizen of the United Kingdom and Colonies (as mentioned in subsection (3)(a)), or
2. not becoming a citizen of the United Kingdom and Colonies (as mentioned in subsection (3)(b)).

17G Sections 17B to 17F: supplementary provision¶

1 In sections 17B to 17F and this section, a person’s “natural father” is a person who satisfies the requirements as to proof of paternity that are prescribed in regulations under section 50(9B).

2 The power under section 50(9B) to make different provision for different circumstances includes power to make provision for the purposes of any provision of sections 17B to 17F which is different from other provision made under section 50(9B).

3 The following provisions apply for the purposes of sections 17B to 17F.

4 A reference to a person automatically becoming a citizen of a certain type is a reference to the person becoming a citizen of that type without the need for—

a the person to be registered as such a citizen by the Secretary of State or any other minister of the Crown;

b the birth of the person to be registered by a diplomatic or consular representative of the United Kingdom; or

c the person to be naturalised as such a citizen.

5 If the mother of a person could not actually have been married to the person’s natural father at the time of the person’s birth (for whatever reason), that fact does not prevent an assumption being made that the couple were married at the time of the birth.

17H Acquisition by registration: descendants of those born in British Indian Ocean Territory¶

1 A person is entitled to be registered as a British overseas territories citizen on an application made under this section if—

a they are a direct descendant of a person (“P”) who was a citizen of the United Kingdom and Colonies by virtue of P’s birth in the British Indian Ocean Territory or, prior to 8 November 1965, in those islands designated as the British Indian Ocean Territory on that date, and

b they have never been a British overseas territories citizen or a British Dependent Territories citizen.

2 An application under this section must be made—

a in the case of a person aged 18 years or over on the commencement date, before the end of the period of five years beginning with the commencement date;

b in the case of a person aged under 18 on the commencement date, or a person who is born before the end of the period of five years beginning with the commencement date, before they reach the age of 23 years.

3 In subsection (2), “the commencement date” means the date on which this section comes into force.

17I Acquisition by registration: special circumstances¶

1 If an application is made for a person of full age and capacity (“P”) to be registered as a British overseas territories citizen, the Secretary of State may cause P to be registered as such a citizen if, in the Secretary of State’s opinion, P would have been, or would have been able to become, a British overseas territories citizen but for—

a historical legislative unfairness,

b an act or omission of a public authority, or

c exceptional circumstances relating to P.

2 For the purposes of subsection (1)(a), “historical legislative unfairness” includes circumstances where P would have become, or would not have ceased to be, a British subject, a citizen of the United Kingdom and Colonies, a British Dependent Territories Citizen or a British overseas territories citizen, if an Act of Parliament or subordinate legislation (within the meaning of the Interpretation Act 1978) had, for the purposes of determining a person’s nationality status—

a treated males and females equally,

b treated children of unmarried couples in the same way as children of married couples, or

c treated children of couples where the mother was married to someone other than the natural father in the same way as children of couples where the mother was married to the natural father.

3 In subsection (1)(b), “public authority” means any public authority within the meaning of section 6 of the Human Rights Act 1998, other than a court or tribunal.

4 In considering whether to grant an application under this section, the Secretary of State may take into account whether the applicant is of good character.

^C9218 Acquisition by naturalisation.¶

1 If, on an application for naturalisation as a British overseas territories citizen made by a person of full age and capacity, the Secretary of State is satisfied that the applicant fulfils the requirements of Schedule 1 for naturalisation as such a citizen under this subsection, he may, if he thinks fit, grant to him a certificate of naturalisation as such a citizen.

2 If, on an application for naturalisation as a British overseas territories citizen made by a person of full age and capacity who on the date of the application is married to such a citizen, or is the civil partner of such a citizen the Secretary of State is satisfied that the applicant fulfils the requirements of Schedule 1 for naturalisation as such a citizen under this subsection, he may, if he thinks fit, grant to him a certificate of naturalisation as such a citizen.

3 Every application under this section shall specify the British overseas territory which is to be treated as the relevant territory for the purposes of that application; and, in relation to any such application, references in Schedule 1 to the relevant territory shall be construed accordingly.

^F3384 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Acquisition after commencement: special cases¶

19 Right to registration by virtue of residence in British overseas territory.¶

^F86. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20 Registration by virtue of marriage.¶

^F87. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21 Right to registration by virtue of father’s citizenship etc.¶

^F88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

22 Right to registration replacing right to resume citizenship of U.K. and Colonies.¶

^C11^C991 Subject to subsection (3), a person shall be entitled, on an application for his registration as a British overseas territories citizen, to be registered as such a citizen if immediately before commencement he would (had he applied for it) have been entitled under section 1(1) of the ^M5British Nationality Act 1964 (resumption of citizenship) to be registered as a citizen of the United Kingdom and Colonies by virtue of having an appropriate qualifying connection with a British overseas territory or ^F129... by virtue of having been married before commencement to a person who has, or would if living have, such a connection.

^C11^C1112 On an application for his registration as a British overseas territories citizen made by a person of full capacity who had before commencement ceased to be a citizen of the United Kingdom and Colonies as a result of a declaration of renunciation, the Secretary of State may, if he thinks fit, cause that person to be registered as a British overseas territories citizen if that person—

a has an appropriate qualifying connection with a British overseas territory; or

b ^F129... has been married to , or has been the civil partner of, a person who has, or would if living have, such a connection.

3 A person shall not be entitled to registration under subsection (1) on more than one occasion.

4 For the purposes of this section a person shall be taken to have an appropriate qualifying connection with a British overseas territory if he, his father or his father’s father—

a was born in that territory; or

b is or was a person naturalised in that territory; or

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

d became a British subject by reason of the annexation of any territory included in that territory.

^F3395 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Acquisition at commencement¶

23 Citizens of U.K. and Colonies who are to become British overseas territories citizens at commencement.¶

1 A person shall at commencement become a British overseas territories citizen if—

a immediately before commencement he was a citizen of the United Kingdom and Colonies who had that citizenship by his birth, naturalisation or registration in a British overseas territory ; or

b he was immediately before commencement a citizen of the United Kingdom and Colonies, and was born to a parent—

i who at the time of the birth (“the material time”) was a citizen of the United Kingdom and Colonies; and

ii who either had that citizenship at the material time by his birth, naturalisation or registration in a British overseas territory or was himself born to a parent who at the time of that birth so had that citizenship; or

c being a woman, she was immediately before commencement a citizen of the United Kingdom and Colonies and either was then, or had at any time been, the wife of a man who under paragraph (a) or (b) becomes a British overseas territories citizen at commencement or would have done so but for his death.

2 A person shall at commencement become a British overseas territories citizen if—

a immediately before commencement he was a citizen of the United Kingdom and Colonies by virtue of registration under section 7 of the 1948 Act (minor children) or section 1 of the ^M6British Nationality (No. 2) Act 1964 (stateless persons); and

b he was so registered otherwise than in a British overseas territory ; and

c his father or mother (in the case of a person registered under the said section 7) or his mother (in the case of a person registered under the said section 1)—

i was a citizen of the United Kingdom and Colonies at the time of the registration or would have been such a citizen at that time but for his or her death; and

ii becomes a British overseas territories citizen at commencement or would have done so but for his or her death.

3 A person who—

a immediately before commencement was a citizen of the United Kingdom and Colonies by virtue of having been registered under subsection (6) of section 12 of the 1948 Act (British subjects before commencement of 1948 Act becoming citizens of United Kingdom and Colonies) otherwise than in a British overseas territory ; and

b was so registered on an application under that subsection based on the applicant’s descent in the male line from a person (“the relevant person”) possessing one of the qualifications specified in subsection (1) of that section (birth or naturalisation in the United Kingdom and Colonies, or acquisition of the status of British subject by reason of annexation of territory),

shall at commencement become a British overseas territories citizen if the relevant person—

i was born or naturalised in a British overseas territory ; or

ii became a British subject by reason of the annexation of any territory included in a British overseas territory .

4 A person who—

a immediately before commencement was a citizen of the United Kingdom and Colonies by virtue of registration under section 1 of the ^M7British Nationality Act 1964 (resumption of citizenship); and

b was so registered otherwise than in a British overseas territory ; and

c was so registered by virtue of having an appropriate qualifying connection with a British overseas territory or, if a woman, by virtue of having been married to a person who at the time of the registration had or would, if then living, have had such a connection,

shall at commencement become a British overseas territories citizen .

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

a was born in a British overseas territory ; or

b is or was a person naturalised in a British overseas territory ; or

c was registered as a citizen of the United Kingdom and Colonies in a British overseas territory ; or

d became a British subject by reason of the annexation of any territory included in a British overseas territory .

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

Renunciation and resumption¶

^C2024 Renunciation and resumption.¶

^F340... The provisions of sections 12 and 13 shall apply in relation to British overseas territories citizens and British overseas territories citizenship as they apply in relation to British citizens and British citizenship.

Supplementary¶

25 Meaning of British overseas territories citizen“by descent”.¶

1 For the purposes of this Act a British overseas territories citizen is such a citizen “by descent” if and only if—

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

b subject to subsection (2), he is a person born outside the British overseas territories before commencement who became a British overseas territories citizen 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

c he is a British overseas territories citizen by virtue of registration under section 17(1) and either—

i his father or mother was a British overseas territories citizen at the time of the birth; or

ii his father or mother was a citizen of the United Kingdom and Colonies at that time and became a British overseas territories citizen at commencement, or would have done so but for his or her death; or

ca the person is a British overseas territories citizen by virtue of registration under section 17A; or

cb the person is a British overseas territories citizen by descent by virtue of section 17C(3), 17D(2), 17E(2) or 17F(5); or

d subject to subsection (2), he is a person born outside the British overseas territories before commencement who became a British overseas territories citizen at commencement under section 23(1)(b) only; or

e subject to subsection (2), being a woman, she became a British overseas territories citizen at commencement under section 23(1)(c) only, and did so only by virtue of having been, immediately before commencement or earlier, the wife of a man who immediately after commencement was, or would but for his death have been, a British overseas territories citizen by descent by virtue of paragraph (b) or (d) of this subsection; or

f subject to subsection (2), being a woman born outside the British overseas territories before commencement, she is a British overseas territories citizen as a result of her registration as such a citizen under section 20 by virtue of being or having been married to a man who at commencement became such a citizen by descent or would have done so but for his having died or ceased to be a citizen of the United Kingdom and Colonies as a result of a declaration of renunciation; or

g he is a British overseas territories citizen by virtue of registration under section 22 who, having before commencement ceased to be a citizen of the United Kingdom and Colonies as a result of a declaration of renunciation, would, if he had not so ceased, have at commencement become a British overseas territories citizen by descent by virtue of paragraph (b), (d) or (e);

h he is a British overseas territories citizen by virtue of registration under section 13 (as applied by section 24) who, immediately before he ceased to be a British overseas territories citizen as a result of a declaration of renunciation, was such a citizen by descent; or

i he is a person born in the United Kingdom after commencement who is a British overseas territories citizen by virtue of paragraph 1 of Schedule 2.

2 A person born outside the British overseas territories before commencement is not a British overseas territories citizen“by descent” by virtue of subsection (1)(b), (d), (e) or (f) if his father was at the time of his birth serving outside the British overseas territories in service of a description mentioned in subsection (3), his recruitment for the service in question having taken place in a British overseas territory .

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

a Crown service under the government of a British overseas territory ; and

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

Part III British Overseas Citizenship¶

26 Citizens of U.K. and Colonies who are to become British Overseas citizens at commencement.¶

Any person who was a citizen of the United Kingdom and Colonies immediately before commencement and who does not at commencement become either a British citizen or a British overseas territories citizen shall at commencement become a British Overseas citizen.

27 Registration of minors.¶

^C21^C941 ^F341... 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.

^F892 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28 Registration by virtue of marriage.¶

^F90. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29 Renunciation.¶

The provisions of section 12 shall apply in relation to British Overseas citizens and British Overseas citizenship as they apply in relation to British citizens and British citizenship.

Part IV British Subjects¶

30 Continuance as British subjects of existing British subjects of certain descriptions.¶

A person who immediately before commencement was—

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

b a British subject by virtue of section 1 of the ^M8British Nationality Act 1965 (registration of alien women who have been married to British subjects of certain descriptions),

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

31 Continuance as British subjects of certain former citizens of Eire.¶

1 A person is within this subsection if immediately before 1st January 1949 he was both a citizen of Eire and a British subject.

2 A person within subsection (1) who immediately before commencement was a British subject by virtue of section 2 of the 1948 Act (continuance of certain citizens of Eire as British subjects) shall as from commencement be a British subject by virtue of this subsection.

3 If at any time after commencement a citizen of the Republic of Ireland who is within subsection (1) but is not a British subject by virtue of subsection (2) gives notice in writing to the Secretary of State claiming to remain a British subject on either or both of the following grounds, namely—

a that he is or has been in Crown Service under the government of the United Kingdom; and

b that he has associations by way of descent, residence or otherwise with the United Kingdom or with any British overseas territory ,

he shall as from that time be a British subject by virtue of this subsection.

4 A person who is a British subject by virtue of subsection (2) or (3) shall be deemed to have remained a British subject from 1st January 1949 to the time when (whether already a British subject by virtue of the said section 2 or not) he became a British subject by virtue of that subsection.

^C22^C10432 Registration of minors.¶

^F342... 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 Registration of certain alien women entitled to registration as British subjects immediately before commencement.¶

^F91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34 Renunciation.¶

The provisions of section 12 shall apply in relation to British subjects and the status of a British subject as they apply in relation to British citizens and British citizenship.

35 Circumstances in which British subjects are to lose that status.¶

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

^C44 Part V Miscellaneous and Supplementary¶

^C4536 Provisions for reducing statelessness.¶

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

^C46^C4737 Commonwealth citizenship.¶

1 Every person who—

^C48a under the British Nationality Acts 1981 and 1983or the British Overseas Territories Act 2002 is a British citizen, a British overseas territories citizen , a British National (Overseas), a British Overseas citizen or a British subject; or

b under any enactment for the time being in force in any country mentioned in Schedule 3 is a citizen of that country,

shall have the status of a Commonwealth citizen.

2 Her Majesty may by Order in Council amend Schedule 3 by the alteration of any entry, the removal of any entry, or the insertion of any additional entry.

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

4 After commencement no person shall have the status of a Commonwealth citizen or the status of a British subject otherwise than under this Act.

38 British protected persons.¶

1 Her Majesty may by Order in Council made in relation to any territory which was at any time before commencement—

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

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

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

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

^X139 Amendment of Immigration Act 1971.¶

^C261 The Immigration Act 1971 shall be amended in accordance with the following provisions of this section.

^C272 For section 2 (statement of right of abode) there shall be substituted—

2 Statement of right of abode in United Kingdom.

1 A person is under this Act to have the right of abode in the United Kingdom if—

a he is a British citizen; or

b he is a Commonwealth citizen who—

i immediately before the commencement 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 Commonwealth 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.

^F2093 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^C284 In section 8 (except for special cases), after subsection (5) there shall be inserted—

^F2095 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^C296 Schedule 4 (which contains further amendments of the ^M9Immigration Act 1971) shall have effect.

7 In section 90 of the ^M10Mental Health Act 1959 and section 82 of the ^M11Mental 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 susbtituted for “any person being an alien” by section 30(1) of the Immigration Act 1971) 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 ^M12Immigration Act 1971 and in force immediately before commencement shall have effect after commencement as if it were a certificate of entitlement issued under that Act as in force after commencement, unless at commencement the holder ceases to have the right of abode in the United Kingdom.

^C50 ^C49 ^C52 ^C51 40 Deprivation of citizenship.¶

1 In this section a reference to a person’s “ citizenship status ” is a reference to his status as—

a a British citizen,

b a British overseas territories citizen,

c a British Overseas citizen,

d a British National (Overseas),

e a British protected person, or

f a British subject.

2 The Secretary of State may by order deprive a person of a citizenship status if the Secretary of State is satisfied that deprivation is conducive to the public good.

3 The Secretary of State may by order deprive a person of a citizenship status which results from his registration or naturalisation if the Secretary of State is satisfied that the registration or naturalisation was obtained by means of—

a fraud,

b false representation, or

c concealment of a material fact.

4 The Secretary of State may not make an order under subsection (2) if he is satisfied that the order would make a person stateless.

4A But that does not prevent the Secretary of State from making an order under subsection (2) to deprive a person of a citizenship status if—

a the citizenship status results from the person's naturalisation,

b the Secretary of State is satisfied that the deprivation is conducive to the public good because the person, while having that citizenship status, has conducted him or herself in a manner which is seriously prejudicial to the vital interests of the United Kingdom, any of the Islands, or any British overseas territory, and

c the Secretary of State has reasonable grounds for believing that the person is able, under the law of a country or territory outside the United Kingdom, to become a national of such a country or territory.

5 Before making an order under this section in respect of a person the Secretary of State must give the person written notice specifying—

a that the Secretary of State has decided to make an order,

b the reasons for the order, and

c the person’s right of appeal under section 40A(1) or under section 2B of the Special Immigration Appeals Commission Act 1997 (c. 68).

5A Subsection (5) does not apply if—

a the Secretary of State does not have the information needed to be able to give notice under that subsection,

b the Secretary of State reasonably considers it necessary, in the interests of—

i national security,

ii the investigation or prosecution of organised or serious crime,

iii preventing or reducing a risk to the safety of any person, or

iv the relationship between the United Kingdom and another country,

that notice under that subsection should not be given.

5B In subsection (5A), references to giving notice under subsection (5) are to giving that notice in accordance with such regulations under section 41(1)(e) as for the time being apply.

5C Subsection (5D) applies where—

a the Secretary of State has made an order under subsection (2) and, in reliance on subsection (5A), has not given the notice required by subsection (5), and

b the person in respect of whom the order was made makes contact with the Secretary of State for the Home Department.

5D The Secretary of State must, as soon as is reasonably practicable, give the person written notice specifying—

a that the Secretary of State has made the order,

b the reasons for the order, and

c the person’s right of appeal under section 40A(1) or under section 2B of the Special Immigration Appeals Commission Act 1997.

5E Schedule 4A makes provision for the Special Immigration Appeals Commission to consider a decision of the Secretary of State—

a not to give notice to a person before depriving them of a citizenship status on the grounds mentioned in subsection (2) (deprivation conducive to the public good), or

b not to give late notice to a person who has been deprived of a citizenship status on those grounds without having been given prior notice.

6 Where a person acquired a citizenship status by the operation of a law which applied to him because of his registration or naturalisation under an enactment having effect before commencement, the Secretary of State may by order deprive the person of the citizenship status if the Secretary of State is satisfied that the registration or naturalisation was obtained by means of—

a fraud,

b false representation, or

c concealment of a material fact.

40A Deprivation of citizenship: appeal¶

1 A person—

a who is given notice under section 40(5) of a decision to make an order in respect of the person under section 40, or

b in respect of whom an order under section 40 is made without the person having been given notice under section 40(5) of the decision to make the order,

may appeal against the decision to the First-tier Tribunal.

2 Subsection (1) shall not apply to a decision if the Secretary of State certifies that it was taken wholly or partly in reliance on information which in his opinion should not be made public—

a in the interests of national security,

b in the interests of the relationship between the United Kingdom and another country, or

c otherwise in the public interest.

2A In the case of an order made as described in subsection (1)(b), for the purposes of any rule or other provision limiting the time within which an appeal under this section may be brought, time does not start to run unless and until the person is given notice of the fact that the order has been made (see section 40(5D) and Schedule 4A).

2B Where—

a an order under section 40 is made in respect of a person, and

b the person appeals against the decision to make the order (under this section or under section 2B of the Special Immigration Appeals Commission Act 1997),

the order continues to have effect during the appeal period.

2C The appeal period is the period—

a beginning with—

i the day on which the person appeals against the decision, or

ii if the order is made after that day, the day on which the order is made, and

b ending with the day on which the appeal is finally determined, withdrawn or abandoned.

2D For the purposes of subsection (2C) an appeal is not finally determined until the decision on the appeal, or on any further appeal, may not be overturned on a further appeal (ignoring the possibility of an appeal out of time with permission).

3 The following provisions of the Nationality, Immigration and Asylum Act 2002 (c. 41) shall apply in relation to an appeal under this section as they apply in relation to an appeal under section 82 ^F256 ...of that Act—

^F304a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F260b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c section 106 (rules), ^F159 . . .

d section 107 (practice directions), and

e section 108 (forged document: proceedings in private).

6 ^F157 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7 ^F157 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8 ^F157 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

40B Review of power under section 40(4A)¶

1 The Secretary of State must arrange for a review of the operation of the relevant deprivation power to be carried out in relation to each of the following periods—

a the initial one year period;

b each subsequent three year period.

2 The “relevant deprivation power” is the power to make orders under section 40(2) to deprive persons of a citizenship status in the circumstances set out in section 40(4A).

3 A review must be completed as soon as practicable after the end of the period to which the review relates.

4 As soon as practicable after a person has carried out a review in relation to a particular period, the person must—

a produce a report of the outcome of the review, and

b send a copy of the report to the Secretary of State.

5 The Secretary of State must lay before each House of Parliament a copy of each report sent under subsection (4)(b).

6 The Secretary of State may, after consultation with the person who produced the report, exclude a part of the report from the copy laid before Parliament if the Secretary of State is of the opinion that it would be contrary to the public interest or prejudicial to national security for that part of the report to be made public.

7 The Secretary of State may—

a make such payments as the Secretary of State thinks appropriate in connection with the carrying out of a review, and

b make such other arrangements as the Secretary of State thinks appropriate in connection with the carrying out of a review (including arrangements for the provision of staff, other resources and facilities).

8 In this section—

“initial one year period” means the period of one year beginning with the day when section 40(4A) comes into force;
“subsequent three year period” means a period of three years beginning with the first day after the most recent of—
1. the initial one year period, or
2. the most recent subsequent three year period.

^C53^C55^C54^C57^C5641 Regulations and Orders in Council.¶

1 The Secretary of State may by regulations make provision generally for carrying into effect the purposes of this Act, and in particular provision—

a for prescribing anything which under this Act is to be prescribed;

b for prescribing the manner in which, and the persons to and by whom, applications for registration or naturalisation under any provision of this Act may or must be made;

bza requiring an application for registration or naturalisation of a person as a British citizen to be accompanied by biometric information, or enabling an authorised person to require an individual to whom such an application relates to provide biometric information;

ba for determining whether a person has sufficient knowledge of a language for the purpose of an application for naturalisation;

bb for determining whether a person has sufficient knowledge about life in the United Kingdom for the purpose of an application for naturalisation;

c for the registration of anything required or authorised by or under this Act to be registered;

d for the time within which an obligation to make a citizenship oath and pledge at a citizenship ceremony must be satisfied;

da for the time within which an obligation to make a citizenship oath or pledge must be satisfied;

db for the content and conduct of a citizenship ceremony;

dc for the administration and making of a citizenship oath or pledge;

dd for the registration and certification of the making of a citizenship oath or pledge;

de for the completion and grant of a certificate of registration or naturalisation;

e for the giving of any notice required or authorised to be given to any person under this Act;

f for the cancellation of the registration of, and the cancellation and amendment of certificates of naturalisation relating to, persons deprived of citizenship or of the status of a British National (Overseas) under this Act, and for requiring such certificates to be delivered up for those purposes;

g for the births and deaths of persons of any class or description born or dying in a country mentioned in Schedule 3 to be registered ^F274...;

h for the births and deaths of persons of any class or description born or dying in a foreign country to be registered ^F299...;

^F266i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

j as to the consequences of failure to comply with provision made under any of paragraphs (a) to (i).

1ZA In subsection (1)(bza) “ authorised person ” and “ biometric information ” have the same meaning as in section 126 of the Nationality, Immigration and Asylum Act 2002.

1ZB Section 126(4) to (7) of that Act applies to regulations under subsection (1)(bza) as it applies to regulations under section 126(1) of that Act.

1ZC Section 8 of the UK Borders Act 2007 (power to make regulations about use and retention of biometric information) applies to biometric information provided in accordance with regulations under subsection (1)(bza) as it applies to biometric information provided in accordance with regulations under section 5(1) of that Act.

1ZD But (despite section 8(5)(b) of that Act) regulations made by virtue of subsection (1ZC) may provide for photographs of a person who is registered or naturalised as a British citizen to be retained until the person is issued with a United Kingdom passport describing the person as a British citizen.

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

a make provision by reference to possession of a specified qualification;

b make provision by reference to possession of a qualification of a specified kind;

c make provision by reference to attendance on a specified course;

d make provision by reference to attendance on a course of a specified kind;

e make provision by reference to a specified level of achievement;

f enable a person designated by the Secretary of State to determine sufficiency of knowledge in specified circumstances;

g enable the Secretary of State to accept a qualification of a specified kind as evidence of sufficient knowledge of a language.

2 ^F139. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3 Regulations under subsection (1) ^F140. . . may make different provision for different circumstances; and—

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

b ^F141. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

a enable the Secretary of State to designate or authorise a person to exercise a function (which may include a discretion) in connection with a citizenship ceremony or a citizenship oath or pledge;

b require, or enable the Secretary of State to require, a local authority to provide specified facilities and to make specified arrangements in connection with citizenship ceremonies;

c impose, or enable the Secretary of State to impose, a function (which may include a discretion) on a local authority or on a registrar.

3B In subsection (3A)—

“ local authority ” means—
1. in relation to England and Wales, a county council, a county borough council, a metropolitan district council, a London Borough Council and the Common Council of the City of London, and
2. in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39), and
“ registrar ” means—
1. in relation to England and Wales, a superintendent registrar of births, deaths and marriages (or, in accordance with section 8 of the Registration Service Act 1953 (c. 37), a deputy superintendent registrar), and
2. in relation to Scotland, a district registrar within the meaning of section 7(12) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (c. 49).

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

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

b at a consulate of Her Majesty in accordance with regulations made under the British Nationality and Status of Aliens Acts 1914 to 1943 or in accordance with instructions of the Secretary of State; or

c by a High Commissioner for Her Majesty’s government in the United Kingdom or members of his official staff in accordance with instructions of the Secretary of State;

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

5 Subsection (4) applies to—

a the ^M13Births and Deaths Registration Act 1953, the ^M14Registration Service Act 1953 and the ^M15Registration 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.

8 Any regulations (whether alone or with other provision)—

a under subsection (1)(a) for prescribing activities for the purposes of paragraph 4B(5)(a) of Schedule 1; or

b under subsection (1)(bza), (bc), (bd) or (be),

may not be made unless a draft has been laid before and approved by a resolution of each House of Parliament.

41A Registration: requirement to be of good character¶

1 An application for registration of an adult or young person as a British citizen under section 1(3), (3A) or (4), 3(1), (2) or (5), 4(2) or (5), 4A, 4AA, ^F308... 4D, ^F308... 5, 10(1) or (2) or 13(1) or (3) must not be granted unless the Secretary of State is satisfied that the adult or young person is of good character.

1A An application for registration of an adult or young person as a British citizen under section 4F, so far as the relevant registration provision (as defined in section 4F(2)) is section 1(3), 3(2) , 3(5) or 4D, must not be granted unless the Secretary of State is satisfied that the adult or young person is of good character.

2 An application for registration of an adult or young person as a British overseas territories citizen under section 15(3) or (4), 17(1) , (2) or (5), 22(1) or (2) or 24 must not be granted unless the Secretary of State is satisfied that the adult or young person is of good character.

2A An application for registration of an adult or young person as a British overseas territories citizen under section 17C, so far as the relevant registration provision (as defined in section 17C(2)) is section 15(3), 17(2) or 17(5), must not be granted unless the Secretary of State is satisfied that the adult or young person is of good character.

2B Subsection (2C) applies to an application for registration of an adult or young person as a British citizen under section 4K who is, or would have been, entitled to be registered as a British overseas territories citizen under section 17C, so far as the relevant registration provision (as defined in section 17C(2)) is section 15(3), 17(2) or 17(5).

2C The application must not be granted unless the Secretary of State is satisfied that the adult or young person is of good character.

3 An application for registration of an adult or young person as a British Overseas citizen under section 27(1) must not be granted unless the Secretary of State is satisfied that the adult or young person is of good character.

4 An application for registration of an adult or young person as a British subject under section 32 must not be granted unless the Secretary of State is satisfied that the adult or young person is of good character.

5 In this section, “ adult or young person ” means a person who has attained the age of 10 years at the time when the application is made.

^C59^C58^C61^C6042 Registration and naturalisation: citizenship ceremony, oath and pledge¶

1 A person of full age shall not be registered under this Act as a British citizen unless he has made the relevant citizenship oath and pledge specified in Schedule 5 at a citizenship ceremony.

2 A certificate of naturalisation as a British citizen shall not be granted under this Act to a person of full age unless he has made the relevant citizenship oath and pledge specified in Schedule 5 at a citizenship ceremony.

3 A person of full age shall not be registered under this Act as a British overseas territories citizen unless he has made the relevant citizenship oath and pledge specified in Schedule 5.

4 A certificate of naturalisation as a British overseas territories citizen shall not be granted under this Act to a person of full age unless he has made the relevant citizenship oath and pledge specified in Schedule 5.

5 A person of full age shall not be registered under this Act as a British Overseas citizen or a British subject unless he has made the relevant citizenship oath specified in Schedule 5.

6 Where the Secretary of State thinks it appropriate because of the special circumstances of a case he may—

a disapply any of subsections (1) to (5), or

b modify the effect of any of those subsections.

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

42A Registration and naturalisation: fee¶

^F145. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

42B Registration and naturalisation: timing¶

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

a immediately on making the required citizenship oath and pledge in accordance with section 42, or

b where the requirement for an oath and pledge is disapplied, immediately on registration.

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

a immediately on making the required citizenship oath and pledge in accordance with section 42, or

b where the requirement for an oath and pledge is disapplied, immediately on the grant of the certificate.

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

^C6243 Exercise of functions of Secretary of State by Governors and others.¶

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

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

b in any British overseas territory^F96. . . , by the Governor in cases concerning British overseas territories citizens or British overseas territories citizenshipand in cases concerning British Nationals (Overseas) or the status of a British National (Overseas)

2 The said matters are—

a registration and naturalisation; and

b renunciation, resumption and deprivation of British citizenship or British overseas territories citizenship.

c renunciation and deprivation of the status of a British National (Overseas).

3 Nothing in this section applies in the case of any power to make regulations or rules conferred on the Secretary of State by this Act.

4 Arrangements under subsection (1) may provide for any such function as is there mentioned to be exercisable only with the approval of the Secretary of State.

^C64^C6344 Decisions involving exercise of discretion.¶

^C651 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.

^C652 ^F97. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3 ^F97. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

44A Waiver of requirement for full capacity¶

Where a provision of this Act requires an applicant to be of full capacity, the Secretary of State may waive the requirement in respect of a specified applicant if he thinks it in the applicant's best interests.

^C68^C66^C67^C6945 Evidence.¶

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

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

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

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

^C70^C71^C7246 Offences and proceedings.¶

^C731 Any person who for the purpose of procuring anything to be done or not to be done under this Act—

a makes any statement which he knows to be false in a material particular; or

b recklessly makes any statement which is false in a material particular,

shall be liable on summary conviction in the United Kingdom to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale, or both.

2 Any person who without reasonable excuse fails to comply with any requirement imposed on him by regulations made under this Act with respect to the delivering up of certificates of naturalisation shall be liable on summary conviction in the United Kingdom to a fine not exceeding level 4 on the standard scale.

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

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

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

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

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

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

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

^F146^C74^C76^C75^C7747 Legitimated children.¶

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

^C79^C80^C78^C8148 Posthumous children.¶

Any reference in this Act to the status or description of the father or mother of a person at the time of that person’s birth shall, in relation to a person born after the death of his father or mother, be construed as a reference to the status or description of the parent in question at the time of that parent’s death; and where that death occurred before, and the birth occurs after, commencement, the status or description which would have been applicable to the father or mother had he or she died after commencement shall be deemed to be the status or description applicable to him or her at the time of his or her death.

^F21549 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^C82^C83^C84^C85^C8650 Interpretation.¶

1 In this Act, unless the context otherwise requires—

“the 1948 Act” means the British Nationality Act 1948;
“alien” means a person who is neither a Commonwealth citizen nor a British protected person nor a citizen of the Republic of Ireland;
“ appointed day ” means the day appointed by the Secretary of State under section 8 of the British Overseas Territories Act 2002 for the commencement of Schedule 1 to that Act;
“ association ” means an unincorporated body of persons;
“ British National (Overseas) ” means a person who is a British National (Overseas) under the Hong Kong (British Nationality) Order 1986, and “status of a British National (Overseas)” shall be construed accordingly;
“ British Overseas citizen ”includes a person who is a British Overseas citizen under the Hong Kong (British Nationality) Order 1986.
“ British overseas territory ” means a territory mentioned in Schedule 6;
“ British protected person ” means a person who is a member of any class of 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 ^M16 Solomon Islands Act 1978;
“ commencement ”, without more, means the commencement of this Act;
“ Commonwealth citizen ” means a person who has the status of a Commonwealth citizen under this Act;
“ company ” means a body corporate;
“ Convention adoption ” means an adoption effected under the law of a country or territory in which the Convention is in force, and certified in pursuance of Article 23(1) of the Convention
“ Crown service ” means the service of the Crown, whether within Her Majesty’s dominions or elsewhere;
“ Crown service under the government of the United Kingdom ” means Crown service under Her Majesty’s government in the United Kingdom or under Her Majesty’s government in Northern Ireland or under the Scottish Administration or under the Welsh Assembly Government ;
“ designated territory ” means a qualifying territory, or the Sovereign Base Areas of Akrotiri and Dhekelia, which is designated by Her Majesty by Order in Council under subsection (14)
^F99. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“ enactment ” includes an enactment comprised in Northern Ireland legislation;
“ foreign country ” means a country other than the United Kingdom, a British overseas territory , a country mentioned in Schedule 3 and the Republic of Ireland;
“ the former nationality Acts ” means—
1. the British Nationality Acts 1948 to 1965;
2. the British Nationality and Status of Aliens Acts 1914 to 1943; and
3. any Act repealed by the said Acts of 1914 to 1943 or by the ^M17Naturalization Act 1870;
“ Governor ”, in relation to a British overseas territory , includes the officer for the time being administering the government of that territory;
“ High Commissioner ” includes an acting High Commissioner;
“ immigration laws ”—
1. in relation to the United Kingdom, means the ^M18Immigration 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;
2. in relation to a British overseas territory, means any law for purposes similar to the Immigration Act 1971 which is for the time being or has at any time been in force in that territory;
“ the Islands ” means the Channel Islands and the Isle of Man;
“ minor ” means a person who has not attained the age of eighteen years;
“ prescribed ” means prescribed by regulations made under section 41;
“ qualifying territory ” means a British overseas territory other than the Sovereign Base Areas of Akrotiri and Dhekelia;
“ settled ” shall be construed in accordance with subsections (2) to (4);
“ ship ” includes a hovercraft;
“ statutory provision ” means any enactment or any provision contained in—
1. subordinate legislation (as defined in section 21(1) of the ^M19Interpretation Act 1978); or
2. any instrument of a legislative character made under any Northern Ireland legislation;
“ the United Kingdom ” means Great Britain, Northern Ireland and the Islands, taken together;
“ United Kingdom consulate ” means the office of a consular officer of Her Majesty’s government in the United Kingdom where a register of births is kept or, where there is no such office, such office as may be prescribed.

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

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

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

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

a section 369 of the Armed Forces Act 2006, or

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

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

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

a as having been settled in the United Kingdom at any time when he was entitled to an exemption under section 8(3) or (4)(b) or (c) of the ^M20Immigration Act 1971 or, unless the order under section 8(2) of that Act conferring the exemption in question provides otherwise, to an exemption under the said section 8(2), or to any corresponding exemption under the former immigration laws; or

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

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

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

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

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

but this subsection shall not apply if at the time of the birth the child’s father or mother is a person on whom any immunity from jurisdiction is conferred by or under the ^M21Diplomatic Privileges Act 1964.

^C15 It is hereby declared that a person is not to be treated for the purpose of any provision of this Act as ordinarily resident in the United Kingdom or in a British overseas territory at a time when he is in the United Kingdom or, as the case may be, in that territory in breach of the immigration laws.

6 For the purposes of this Act—

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

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

ii a person who by virtue of section 27(2) of the ^M22British Nationality and Status of Aliens Act 1914 was deemed to be a person to whom a certificate of naturalisation was granted, if the certificate of naturalisation in which his name was included was granted by the Secretary of State; or

iii a person who by virtue of section 10(5) of the ^M23Naturalization Act 1870 was deemed to be a naturalised British subject by reason of his residence with his father or mother;

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

i a person to whom a certificate of naturalisation was granted under any of the former nationality Acts by the Governor of that territory or by a person for the time being specified in a direction given in relation to that territory under paragraph 4 of Schedule 3 to the ^M24West Indies Act 1967 or for the time being holding an office so specified; or

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

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

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

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

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

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

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

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

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

7A For the purposes of this Act a person born outside a qualifying territory aboard a ship or aircraft—

a shall be deemed to have been born in that territory if—

i at the time of the birth his father or mother was a British citizen or a British overseas territories citizen; or

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

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

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

7B For the purposes of this Act a person born outside a British overseas territory, other than a qualifying territory, aboard a ship or aircraft—

a shall be deemed to have been born in that territory if—

i at the time of the birth his father or mother was a British overseas territories citizen; or

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

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

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

^C23^C128 For the purposes of this Act an application under any provision thereof shall be taken to have been made at the time of its receipt by a person authorised to receive it on behalf of the person to whom it is made; and references in this Act to the date of such an application are references to the date of its receipt by a person so authorised.

9 For the purposes of this Act a child’s mother is the woman who gives birth to the child.

9A For the purposes of this Act a child’s father is—

a the husband or male civil partner, at the time of the child’s birth, of the woman who gives birth to the child, or

b where a person is treated as the father of the child under section 28 of the Human Fertilisation and Embryology Act 1990 or section 35 or 36 of the Human Fertilisation and Embryology Act 2008, that person, or

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

c where none of paragraphs (a) to (ba) applies, a person who satisfies prescribed requirements as to proof of paternity.

9B In subsection (9A)(c) “ prescribed ” means prescribed by regulations of the Secretary of State; and the regulations—

a may confer a function (which may be a discretionary function) on the Secretary of State or another person,

b may make provision which applies generally or only in specified circumstances,

c may make different provision for different circumstances,

d must be made by statutory instrument, and

e shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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

10 For the purposes of this Act—

a a period “from” or “to” a specified date includes that date; and

b any reference to a day on which a person was absent from the United Kingdom or from a British overseas territory or from the British overseas territories is a reference to a day for the whole of which he was so absent.

11 For the purposes of this Act—

a a person is of full age if he has attained the age of eighteen years, and of full capacity if he is not of unsound mind; and

b a person attains any particular age at the beginning of the relevant anniversary of the date of his birth.

12 References in this Act to any country mentioned in Schedule 3 include references to the dependencies of that country.

13 Her Majesty may by Order in Council subject to annulment in pursuance of a resolution of either House of Parliament amend Schedule 6 in any of the following circumstances, namely—

a where the name of any territory mentioned in it is altered; or

b where any territory mentioned in it is divided into two or more territories.

14 For the purposes of the definition of “designated territory” in subsection (1), an Order in Council may—

a designate any qualifying territory, or the Sovereign Base Areas of Akrotiri and Dhekelia, if the Convention is in force there, and

b make different designations for the purposes of section 1 and section 15;

and, for the purposes of this subsection and the definition of “Convention adoption” in subsection (1), “ the Convention ” means the Convention on the Protection of Children and Co-operation in respect of Intercountry Adoption, concluded at the Hague on 29th May 1993. An Order in Council under this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.

^C3550A Meaning of references to being in breach of immigration laws¶

1 This section applies for the construction of a reference to being in the United Kingdom “in breach of the immigration laws” in—

a section 4(2) or (4);

aa section 4AA(2)(c);

b section 50(5); or

c Schedule 1.

2 It applies only for the purpose of determining on or after the relevant day—

a whether a person born on or after the relevant day is a British citizen under section 1(1),

b whether, on an application under section 1(3) , 4(2) or 4AA made on or after the relevant day, a person is entitled to be registered as a British citizen, or

c whether, on an application under section 6(1) or (2) made on or after the relevant day, the applicant fulfils the requirements of Schedule 1 for naturalisation as a British citizen under section 6(1) or (2).

3 But that is subject to section 48(3)(d) and (4) of the Borders, Citizenship and Immigration Act 2009 (saving in relation to section 11 of the Nationality, Immigration and Asylum Act 2002).

4 A person is in the United Kingdom in breach of the immigration laws if (and only if) the person—

a is in the United Kingdom;

b does not have the right of abode in the United Kingdom within the meaning of section 2 of the Immigration Act 1971;

ba is not an Irish citizen who does not require leave to enter or remain in the United Kingdom (see section 3ZA of the Immigration Act 1971);

c does not have leave to enter or remain in the United Kingdom (whether or not the person previously had leave);

^F246d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F246^C93e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

f is not entitled to enter and remain in the United Kingdom by virtue of section 8(1) of the Immigration Act 1971 (crew) (whether or not the person was previously entitled); and

g does not have the benefit of an exemption under section 8(2) to (4) of that Act (diplomats, soldiers and other special cases) (whether or not the person previously had the benefit of an exemption).

^F3135 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6 Section 11(1) of the Immigration Act 1971 (person deemed not to be in the United Kingdom before disembarkation, while in controlled area or while under immigration control) applies for the purposes of this section as it applies for the purposes of that Act.

7 This section is without prejudice to the generality of—

a a reference to being in a place outside the United Kingdom in breach of immigration laws, and

b a reference in a provision other than one specified in subsection (1) to being in the United Kingdom in breach of immigration laws.

8 The relevant day for the purposes of subsection (2) is the day appointed for the commencement of section 48 of the Borders, Citizenship and Immigration Act 2009 (which inserted this section).

50B Immigration restrictions to be disregarded in certain cases¶

1 A person exercising a freedom of movement right at any time falling within the remedial period is treated for the purposes of this Act as not subject at that time under the immigration laws to any restriction on the period for which they may remain in the United Kingdom.

2 In this section—

“freedom of movement right” means—
1. a right to reside in Great Britain and Northern Ireland that arises under or by virtue of—
  1. section 2(1) or (2) of the European Communities Act 1972, or
  2. any other enactment so far as passed or made, or operating, for a purpose mentioned in section 2(2)(a) or (b) of that Act, or
2. a right to reside in any of the Islands that is conferred by reference to, or that otherwise corresponds to or is similar to, a right within paragraph (a);
“the remedial period” means—
1. where the freedom of movement right is a right to reside in Great Britain and Northern Ireland, the period beginning with 1 January 1983 and ending with 1 October 2000;
2. where the freedom of movement right is a right to reside in the Bailiwick of Guernsey, the period beginning with 1 August 1993 and ending with 30 September 2004;
3. where the freedom of movement right is a right to reside in the Bailiwick of Jersey, the period beginning with 1 January 1983 and ending with 8 February 2004;
4. where the freedom of movement right is a right to reside in the Isle of Man, the period beginning with 1 October 1994 and ending with 1 October 2000.

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

1 Without prejudice to subsection (3)(c), in any enactment or instrument whatever passed or made before commencement

“British subject” and
“Commonwealth citizen” have the same meaning, that is—

a in relation to any time before commencement—

i a person who under the 1948 Act was at that time a citizen of the United Kingdom and Colonies or who, under any enactment then in force in a country mentioned in section 1(3) of that Act as then in force, was at that time a citizen of that country; and

ii any other person who had at that time the status of a British subject under that Act or any other enactment then in force;

b in relation to any time after commencement, a person who has the status of a Commonwealth citizen under this Act.

2 In any enactment or instrument whatever passed or made after commencement—

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

^C87^C883 In any enactment or instrument whatever passed or made before commencement—

a “citizen of the United Kingdom and Colonies”—

i in relation to any time before commencement, means a person who under the 1948 Act was at that time a citizen of the United Kingdom and Colonies;

ii in relation to any time after commencement, means a person who under the British Nationality Acts 1981 and 1983or the British Overseas Territories Act 2002 is a British citizen, a British overseas territories citizen or a British Overseas citizen or who under the Hong Kong (British Nationality) Order 1986 is a British National (Overseas);

b any reference to ceasing to be a citizen of the United Kingdom and Colonies shall, in relation to any time after commencement, be construed as a reference to becoming a person who is neither a British citizen nor a British overseas territories citizennor a British National (Overseas) nor a British Overseas citizen;

c any reference to a person who is a British subject (or a British subject without citizenship) by virtue of section 2, 13, or 16 of the 1948 Act or by virtue of, or of section 1 of, the ^M25British Nationality Act 1965 shall, in relation to any time after commencement, be construed as a reference to a person who under this Act is a British subject.

4 In any statutory provision, whether passed or made before or after commencement, and in any other instrument whatever made after commencement

“alien”, in relation to any time after commencement, means a person who is neither a Commonwealth citizen nor a British protected person nor a citizen of the Republic of Ireland.

5 The preceding provisions of this section—

a shall not apply in cases where the context otherwise requires; and

b shall not apply to this Act or to any instrument made under this Act.

52 Consequential amendments, transitional provisions, repeals and savings.¶

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

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

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

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

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

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

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

a the ^M26Immigration 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.

^X26 The enactments specified in Schedule 7 shall have effect subject to the amendments there specified, being amendments consequential on the provisions of this Act.

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

^X28 The enactments mentioned in Schedule 9 are hereby repealed to the extent specified in the third column of that Schedule.

9 Without prejudice to section 51, nothing in this Act affects the operation, in relation to any time before commencement, of any statutory provision passed or made before commencement.

10 Nothing in this Act shall be taken as prejudicing the operation of sections 16 and 17 of the ^M27Interpretation Act 1978 (which relate to the effect of repeals).

11 In this section

“modifications” includes additions, omissions and alterations.

53 Citation, commencement and extent.¶

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

^P12 This Act, except the provisions mentioned in subsection (3), shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and references to the commencement of this Act shall be construed as references to the beginning of that day.

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

4 This Act extends to Northern Ireland.

5 The provisions of this Act, except those mentioned in subsection (7), extend to the Islands and all British overseas territories ; and section 36 of the ^M28Immigration Act 1971 (power to extend provisions of that Act to Islands) shall apply to the said excepted provisions as if they were provisions of that Act.

^F2216 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7 The provisions referred to in subsections (5) ^F222. . . are—

a section 39 and Schedule 4;

b section 52(7) and Schedule 8 so far as they relate to the Immigration Act 1971; and

c section 52(8) and Schedule 9 so far as they relate to provisions of the Immigration Act 1971 other than Schedule 1.

SCHEDULES

^C2SCHEDULE 1 ¶

Requirements for Naturalisation

Naturalisation as a British citizen under section 6(1)¶

1 Subject to paragraph 2, the requirements for naturalisation as a British citizen under section 6(1) are, in the case of any person who applies for it—

a the requirements specified in sub-paragraph (2) of this paragraph, or the alternative requirement specified in sub-paragraph (3) of this paragraph; and

b that he is of good character; and

c that he has a sufficient knowledge of the English, Welsh or Scottish Gaelic language; and

ca that he has sufficient knowledge about life in the United Kingdom; and

d that either—

i his intentions are such that, in the event of a certificate of naturalisation as a British citizen being granted to him, his home or (if he has more than one) his principal home will be in the United Kingdom; or

ii he intends, in the event of such a certificate being granted to him, to enter into, or continue in, Crown service under the government of the United Kingdom, or service under an international organisation of which the United Kingdom or Her Majesty’s government therein is a member, or service in the employment of a company or association established in the United Kingdom.

2 The requirements referred to in sub-paragraph (1)(a) of this paragraph are—

a that the applicant was in the United Kingdom at the beginning of the period of five years ending with the date of the application, and that the number of days on which he was absent from the United Kingdom in that period does not exceed 450; and

b that the number of days on which he was absent from the United Kingdom in the period of twelve months so ending does not exceed 90; and

c that he was not at any time in the period of twelve months so ending subject under the immigration laws to any restriction on the period for which he might remain in the United Kingdom; and

d that he was not at any time in the period of five years so ending in the United Kingdom in breach of the immigration laws.

3 The alternative requirement referred to in sub-paragraph (1)(a) of this paragraph is that on the date of the application he is serving outside the United Kingdom in Crown service under the government of the United Kingdom.

^F3201 If in the special circumstances of any particular case the Secretary of State thinks fit, he may for the purposes of paragraph 1 do all or any of the following things, namely—

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

a treat the applicant as fulfilling the second requirement specified in paragraph 1(2)(a) or the requirement specified in paragraph 1(2)(b), or both, although the number of days on which he was absent from the United Kingdom in the period there mentioned exceeds the number there mentioned;

b treat the applicant as having been in the United Kingdom for the whole or any part of any period during which he would otherwise fall to be treated under paragraph 9(1) as having been absent;

c disregard any such restriction as is mentioned in paragraph 1(2)(c), not being a restriction to which the applicant was subject on the date of the application;

d treat the applicant as fulfilling the requirement specified in paragraph 1(2)(d) although he was in the United Kingdom in breach of the immigration laws in the period there mentioned;

e waive the need to fulfil either or both of the requirements specified in paragraph 1(1)(c) and (ca) if he considers that because of the applicant’s age or physical or mental condition it would be unreasonable to expect him to fulfil that requirement or those requirements.

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

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

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

^F2682 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F2943 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1 A person has a qualifying immigration status for the purposes of paragraph 1(2) if the person has—

a qualifying temporary residence leave;

b probationary citizenship leave;

c permanent residence leave;

d a qualifying CTA entitlement;

e a Commonwealth right of abode; or

f a temporary or permanent EEA entitlement.

2 A person who is required for those purposes to have a qualifying immigration status for the whole of the qualifying period need not have the same qualifying immigration status for the whole of that period.

Naturalisation as a British citizen under section 6(2)¶

3Subject to paragraph 4, the requirements for naturalisation as a British citizen under section 6(2) are, in the case of any person who applies for it—

a that he was in the United Kingdom at the beginning of the period of three years ending with the date of the application, and that the number of days on which he was absent from the United Kingdom in that period does not exceed 270; and

b that the number of days on which he was absent from the United Kingdom in the period of twelve months so ending does not exceed 90; and

c that on the date of the application he was not subject under the immigration laws to any restriction on the period for which he might remain in the United Kingdom; and

d that he was not at any time in the period of three years ending with the date of the application in the United Kingdom in breach of the immigration laws; and

e the requirements specified in paragraph 1(1)(b), (c) and (ca) .

4Paragraph 2 shall apply in relation to paragraph 3 with the following modifications, namely—

a the references to the purposes of paragraph 1 shall be read as references to the purposes of paragraph 3;

b the references to paragraphs 1(2)(a), 1(2)(b) and 1(2)(d) shall be read as references to paragraphs 3(a), 3(b) and 3(d) respectively;

c paragraph 2(c) ^F160. . . shall be omitted; and

d after paragraph (e) there shall be added—

1 Subject to paragraph 3(5), a person has a qualifying immigration status for the purposes of paragraph 3 if the person has—

a qualifying temporary residence leave based on a relevant family association;

b probationary citizenship leave based on a relevant family association;

c permanent residence leave based on a relevant family association;

d a qualifying CTA entitlement; or

e a Commonwealth right of abode.

2 For the purposes of paragraph 3 and this paragraph, the leave mentioned in sub-paragraph (1)(a), (b) or (c) is based on a relevant family association if it was granted on the basis of the person having a relevant family association.

3 A person who is required for the purposes of paragraph 3 to have, for the whole of the qualifying period, a qualifying immigration status and a relevant family association need not, for the whole of that period—

a have the same qualifying immigration status; or

b (subject to paragraph 3(5)) have the same relevant family association.

4 Where, by virtue of sub-paragraph (3)(a), a person relies upon having more than one qualifying immigration status falling within sub-paragraph (1)(a), (b) or (c)—

a subject to paragraph 3(5), it is not necessary that the leave to which each status relates is based on the same relevant family association, and

b in a case where paragraph 3(5) applies, the relationship by reference to which the persons referred to in paragraph 3(5) are partners need not be of the same description in respect of each grant of leave.

The qualifying period for naturalisation as a British citizen under section 6¶

1 The qualifying period for the purposes of paragraph 1 or 3 is a period of years which ends with the date of the application in question.

2 The length of the period is determined in accordance with the following provisions of this paragraph.

3 In the case of an applicant who does not meet the activity condition, the number of years in the period is—

a 8, in a case within paragraph 1;

b 5, in a case within paragraph 3.

4 In the case of an applicant who meets the activity condition, the number of years in the period is—

a 6, in a case within paragraph 1;

b 3, in a case within paragraph 3.

5 The applicant meets the activity condition if the Secretary of State is satisfied that the applicant—

a has participated otherwise than for payment in prescribed activities; or

b is to be treated as having so participated.

Naturalisation as a British overseas territories citizen under section 18(1)¶

1 Subject to paragraph 6, the requirements for naturalisation as a British overseas territories citizen under section 18(1) are, in the case of any person who applies for it—

a the requirements specified in sub-paragraph (2) of this paragraph, or the alternative requirement specified in sub-paragraph (3) of this paragraph; and

b that he is of good character; and

c that he has a sufficient knowledge of the English language or any other language recognised for official purposes in the relevent territory; and

d that either—

i his intentions are such that, in the event of a certificate of naturalisation as a British overseas territories citizen being granted to him, his home or (if he has more than one) his principal home will be in the relevent territory; or

ii he intends, in the event of such a certificate being granted to him, to enter into, or continue in, Crown service under the government of that territory, or service under an international organisation of which that territory or the government of that territory is a member, or service in the employment of a company or association established in that territory.

2 The requirements referred to in sub-paragraph (1)(a) of this paragraph are—

a that he was in the relevant territory at the beginning of the period of five years ending with the date of the application, and that the number of days on which he was absent from that territory in that period does not exceed 450; and

b that the number of days on which he was absent from that territory in the period of twelve months so ending does not exceed 90; and

c that he was not at any time in the period of twelve months so ending subject under the immigration laws to any restriction on the period for which he might remain in that territory; and

d that he was not at any time in the period of five years so ending in that territory in breach of the immigration laws.

3 The alternative requirement referred to in sub-paragraph (1)(a) of this paragraph is that on the date of the application he is serving outside the relevant territory in Crown service under the government of that territory.

1 If in the special circumstances of any particular case the Secretary of State thinks fit, he may for the purposes of paragraph 5 do all or any of the following things, namely—

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

a treat the applicant as fulfilling the second requirement specified in paragraph 5(2)(a) or the requirement specified in paragraph 5(2)(b), or both, although the number of days on which he was absent from the relevant territory in the period there mentioned exceeds the number there mentioned;

b treat the applicant as having been in the relevant territory for the whole or any part of any period during which he would otherwise fall to be treated under paragraph 9(2) as having been absent;

c disregard any such restriction as is mentioned in paragraph 5(2)(c), not being a restriction to which the applicant was subject on the date of the application;

d treat the applicant as fulfilling the requirement specified in paragraph 5(2)(d) although he was in the relevant territory in breach of the immigration laws in the period there mentioned;

e waive the need to fulfil the requirement specified in paragraph 5(1)(c) if he considers that because of the applicant’s age or physical or mental condition it would be unreasonable to expect him to fulfil it.

Naturalisation as a British overseas territories citizen under section 18(2)¶

7Subject to paragraph 8, the requirements for naturalisation as a British overseas territories citizen under section 18(2) are, in the case of any person who applies for it—

a that he was in the relevant territory at the beginning of the period of three years ending with the date of the application, and that the number of days on which he was absent from that territory in that period does not exceed 270; and

b that the number of days on which he was absent from that territory in the period of twelve months so ending does not exceed 90; and

c that on the date of the application he was not subject under the immigration laws to any restriction on the period for which he might remain in that territory; and

d that he was not at any time in the period of three years ending with the date of the application in that territory in breach of the immigration laws; and

e the requirements specified in paragraph 5(1)(b) and (c).

8Paragraph 6 shall apply in relation to paragraph 7 with the following modifications, namely—

a the references to the purposes of paragraph 5 shall be read as references to the purposes of paragraph 7;

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

c paragraph 6(c) ^F162. . . shall be omitted; and

d after paragraph (e) there shall be added—

Periods to be treated as periods of absence from U.K. or a British overseas territory¶

1 For the purposes of this Schedule a person shall (subject to paragraph 2(b)) be treated as having been absent from the United Kingdom during any of the following periods, that is to say—

a any period when he was in the United Kingdom and either was entitled to an exemption under section 8(3) or (4) of the ^M29Immigration Act 1971 (exemptions for diplomatic agents etc. and members of the forces) or was a member of the family and formed part of the household of a person so entitled;

b any period when he was detained—

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

ii in any hospital in the United Kingdom under a hospital order made under Part III of the Mental Health Act 1983 or section 175 or 376 of the ^M30Criminal Procedure (Scotland) Act 1975 or Part III of the Mental Health (Northern Ireland) Order 1986, being an order made in connection with his conviction of an offence; or

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

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

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

2 For the purposes of this Schedule a person shall (subject to paragraph 6(b)) be treated as having been absent from any particular British overseas territory during any of the following periods, that is to say—

a any period when he was in that territory and either was entitled to an exemption under the immigration laws of that territory corresponding to any such exemption as is mentioned in sub-paragraph (1)(a) or was a member of the family and formed part of the household of a person so entitled;

b any period when he was detained—

i in any place of detention in the relevant territory in pursuance of a sentence passed on him by a court in that territory or elsewhere for any offence;

ii in any hospital in that territory under a direction (however described) made under any law for purposes similar to , Part III of the Mental Health Act 1983 which was for the time being in force in that territory, being a direction made in connection with his conviction of an offence and corresponding to a hospital order under that Part; or

iii under any power of detention conferred by the immigration laws of that territory;

Interpretation¶

10In this Schedule “the relevant territory” has the meaning given by section 18(3).

1 This paragraph applies for the purposes of this Schedule.

2 A person has qualifying temporary residence leave if—

a the person has limited leave to enter or remain in the United Kingdom, and

b the leave is granted for a purpose by reference to which a grant of probationary citizenship leave may be made.

3 A person has probationary citizenship leave if—

a the person has limited leave to enter or remain in the United Kingdom, and

b the leave is of a description identified in rules under section 3 of the Immigration Act 1971 as “probationary citizenship leave”,

and the reference in sub-paragraph (2) to a grant of probationary citizenship leave is to be construed accordingly.

4 A person has permanent residence leave if the person has indefinite leave to enter or remain in the United Kingdom.

5 A person has a qualifying CTA entitlement if the person—

a is a citizen of the Republic of Ireland,

b last arrived in the United Kingdom on a local journey (within the meaning of the Immigration Act 1971) from the Republic of Ireland, and

c on that arrival, was a citizen of the Republic of Ireland and was entitled to enter without leave by virtue of section 1(3) of the Immigration Act 1971 (entry from the common travel area).

6 A person has a Commonwealth right of abode if the person has the right of abode in the United Kingdom by virtue of section 2(1)(b) of the Immigration Act 1971.

7 A person has a permanent EEA entitlement if the person is entitled to reside in the United Kingdom permanently by virtue of any provision made under section 2(2) of the European Communities Act 1972.

8 A person has a temporary EEA entitlement if the person does not have a permanent EEA entitlement but is entitled to reside in the United Kingdom by virtue of any provision made under section 2(2) of the European Communities Act 1972.

9 A reference in this paragraph to having leave to enter or remain in the United Kingdom is to be construed in accordance with the Immigration Act 1971.

^C89SCHEDULE 2 ¶

Provisions for Reducing Statelessness

Section 36.

Persons born in the United Kingdom after commencement¶

1 Where a person born in the United Kingdom after commencement would, but for this paragraph, be born stateless, then, subject to sub-paragraph (3)—

a if at the time of the birth his father or mother is a citizen or subject of a description mentioned in sub-paragraph (2), he shall be a citizen or subject of that description; and accordingly

b if he is born legitimate and at the time of the birth each of his parents is a citizen or subject of a different description so mentioned, he shall be a citizen or subject of the same description so mentioned as each of them is respectively at that time.

2 The descriptions referred to in sub-paragraph (1) are a British overseas territories citizen, a British Overseas citizen and a British subject under this Act.

3 A person shall not be a British subject by virtue of this paragraph if by virtue of it he is a citizen of a description mentioned in sub-paragraph (2).

Persons born in a British overseas territory after commencement¶

1 Where a person born in a British overseas territory after commencement would, but for this paragraph, be born stateless, then, subject to sub-paragraph (3)—

a if at the time of the birth his father or mother is a citizen or subject of a description mentioned in sub-paragraph (2), he shall be a citizen or subject of that description; and accordingly

2 The descriptions referred to in sub-paragraph (1) are a British citizen, a British Overseas citizen and a British subject under this Act.

3 A person shall not be a British subject by virtue of this paragraph if by virtue of it he is a citizen of a description mentioned in sub-paragraph (2).

Persons aged 18 to 22 born in the United Kingdom or a British overseas territory after commencement¶

1 A person born in the United Kingdom or a British overseas territory after commencement shall be entitled, on an application for his registration under this paragraph, to be so registered if the following requirements are satisfied in his case, namely—

a that he is and always has been stateless; and

b that on the date of the application he had attained the age of eighteen but ^F164. . . was under the age of twenty-two; and

c that he was in the United Kingdom or a British overseas territory (no matter which) at the beginning of the period of five years ending with that date and that (subject to paragraph 6) the number of days on which he was absent from both the United Kingdom and the British overseas territories in that period does not exceed 450.

2 A person entitled to registration under this paragraph—

a shall be registered under it as a British citizen if, in the period of five years mentioned in sub-paragraph (1), the number of days wholly or partly spent by him in the United Kingdom exceeds the number of days wholly or partly spent by him in the British overseas territories;

b in any other case, shall be registered under it as a British overseas territories citizen.

Minors aged 5 to 17 born in the United Kingdom or a British overseas territory after commencement¶

1 A person born in the United Kingdom or a British overseas territory after commencement is entitled, on an application for the person to be registered under this paragraph, to be so registered if—

a the person is and always has been stateless,

b on the date of the application, the person was a minor,

c the person was in the United Kingdom or a British overseas territory (no matter which) at the beginning of the period of five years ending with that date and (subject to paragraph 6) the number of days on which the person was absent from both the United Kingdom and the British overseas territories in that period does not exceed 450, and

d the Secretary of State is satisfied that the person is unable to acquire another nationality in accordance with sub-paragraph (2).

2 A person is able to acquire a nationality in accordance with this sub-paragraph if—

a the nationality is the same as that of one of the person’s parents,

b the person has been entitled to acquire the nationality since birth, and

c in all the circumstances, it is reasonable to expect the person (or someone acting on their behalf) to take the steps which would enable the person to acquire the nationality in question.

3 For the purposes of sub-paragraph (2)(b), a person is not entitled to acquire a nationality if its acquisition is conditional on the exercise of a discretion on the part of the country or territory in question.

4 A person entitled to registration under this paragraph—

a is to be registered as a British citizen if, in the period of five years mentioned in sub-paragraph (1), the number of days wholly or partly spent by the person in the United Kingdom exceeds the number of days wholly or partly spent by the person in the British overseas territory;

b in any other case, is to be registered as a British overseas territories citizen.

Persons born outside the United Kingdom and the British overseas territories after commencement¶

1 A person born outside the United Kingdom and the British overseas territories after commencement shall be entitled, on an application for his registration under this paragraph, to be so registered if the following requirements are satisfied, namely—

a that that person is and always has been stateless; and

b that at the time of that person’s birth his father or mother was a citizen or subject of a description mentioned in sub-paragraph (4); and

c that that person was in the United Kingdom or a British overseas territory(no matter which) at the beginning of the period of three years ending with the date of the application and that (subject to paragraph 6) the number of days on which he was absent from both the United Kingdom and the British overseas territories in that period does not exceed 270.

2 A person entitled to registration under this paragraph—

a shall be registered under it as a citizen or subject of a description available to him in accordance with sub-paragraph (3); and

b if more than one description is so available to him, shall be registered under this paragraph as a citizen of whichever one or more of the descriptions so available to him is or are stated in the application under this paragraph to be wanted.

3 For the purposes of this paragraph the descriptions of citizen or subject available to a person entitled to registration under this paragraph are—

a in the case of a person whose father or mother was at the time of that person’s birth a citizen of a description mentioned in sub-paragraph (4), any description of citizen so mentioned which applied to his father or mother at that time;

b in any other case, a British subject under this Act.

4 The descriptions referred to in sub-paragraphs (1) to (3) are a British citizen, a British overseas territories citizen , a British Overseas citizen and a British subject under this Act.

Persons born stateless before commencement¶

1 A person born before commencement shall be entitled, on an application for his registration under this paragraph, to be so registered if the circumstances are such that, if—

a this Act had not been passed, and the enactments repealed or amended by this Act had continued in force accordingly; and

b an application for the registration of that person under section 1 of the ^M31British Nationality (No. 2) Act 1964 (stateless persons) as a citizen of the United Kingdom and Colonies had been made on the date of the application under this paragraph,

that person would have been entitled under that section to be registered as such a citizen.

2 A person entitled to registration under this paragraph shall be registered under it as such a citizen as he would have become at commencement if, immediately before commencement, he had been registered as a citizen of the United Kingdom and Colonies under section 1 of the ^M32British 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¶

6If in the special circumstances of any particular case the Secretary of State thinks fit, he may for the purposes of paragraph 3 , 3A or 4 treat the person who is the subject of the application as fulfilling the requirement specified in sub-paragraph (1)(c) of that paragraph although the number of days on which he was absent from both the United Kingdom and the British overseas territories in the period there mentioned exceeds the number there mentioned.

SCHEDULE 3 ¶

Countries Whose Citizens are Commonwealth Citizens

Antigua and Barbuda

Australia

The Bahamas

Bangladesh

Barbados

Belize

Botswana

Brunei

Cameroon

Canada

Republic of Cyprus

Dominica

Eswatini

Fiji

Gabon

The Gambia

Ghana

Grenada

Guyana

India

Jamaica

Kenya

Kiribati

Lesotho

Malawi

Malaysia

Maldives

Malta

Mauritius

Mozambique

Nauru

New Zealand

Nigeria

Pakistan

Papua New Guinea

Rwanda

Saint Christopher and Nevis

Saint Lucia

Saint Vincent and the Grenadines

Seychelles

Sierra Leone

Singapore

Solomon Islands

South Africa

Sri Lanka

^F250...

Tanzania

Togo

Tonga

Trinidad and Tobago

Tuvalu

Uganda

Vanuatu

Western Samoa

Zambia

Zimbabwe

Namibia

^X3SCHEDULE 4 ¶

Amendments of Immigration Act 1971

Section 39(6).

^C301In this Schedule “the 1971 Act” means the ^M33Immigration Act 1971.

^C312For “patrial”—

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

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

TABLE

(1) “a British citizen”	(2) “British citizens”
Section 3(1), (5), (6), (8) ;	Section 3(7) (twice)
Section 5(2) ;	Section 4(4) ;
Section 9(4) ;	Section 8(2), (3), (4) ;
Section 14(2) ;	Section 9(2) ;
Section 24(1) ;	^F167. . . ;
In section 33(1), the definitions of “entry clearance” and “work permit” ;	In Schedule 2, paragraph 26(1).
In Schedule 2, paragraphs 2(1)(a), 3(1), 6(1), 12(2) and 13(2).
In Schedule 4, paragraphs 1(1) and (2), 3(1) and 4.

^C323

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

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

4In section 3(7) of the 1971 Act (powers available where restrictions or conditions are imposed on citizens of the United Kingdom and Colonies when leaving or seeking to leave other countries), for “citizens of the United Kingdom and Colonies” substitute “ British citizens, British overseas territories citizens or British Overseas citizens ”.

^C335In section 8(5) of the 1971 Act, for the words from “settled” onwards (by virtue of which persons are not to be regarded for the purposes of the 1971 Act as having been settled in the United Kingdom while entitled to certain exemptions) substitiute “ settled in the United Kingdom at any time when he was entitled under the former immigration laws to any exemption corresponding to any of those afforded by subsection (3) or (4)(b) or (c) above or by any order under subsection (2) above. ”.

6^F168. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^C347In 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—

; and

b after subsection (2) insert—

SCHEDULE 4A ¶

Deprivation of Citizenship without notice: judicial oversight

Section 40(5E)

1 Deprivation without notice: application to Special Immigration Appeals Commission¶

1 If the Secretary of State proposes to make a conducive grounds deprivation order without notice, the Secretary of State may apply to the Special Immigration Appeals Commission under this paragraph.

2 If the Secretary of State makes a conducive grounds deprivation order without notice, the Secretary of State must apply to the Special Immigration Appeals Commission under this paragraph within the period of seven days beginning with the day on which the order is made (unless an application has already been made under sub-paragraph (1)).

3 The function of the Commission on an application under this paragraph is to determine whether, in respect of each condition in section 40(5A) on which the Secretary of State relies, the Secretary of State’s view is obviously flawed.

4 In determining that question, the Commission must apply the principles that would be applicable on an application for judicial review.

5 If the Commission determines that the Secretary of State’s view is obviously flawed in respect of each condition in section 40(5A) on which the Secretary of State relies—

a if the order in question has not been made, section 40(5) applies in relation to the order (notwithstanding section 40(5A));

b if the order has been made, the Secretary of State must, within the period of 14 days beginning with the day on which the Commission made the determination—

i give late notice in respect of the order,

ii revoke the order, or

iii make an application under sub-paragraph (6).

6 The Secretary of State may (at any time) make an application to the Special Immigration Appeals Commission for fresh consideration of a decision the Secretary of State has made under section 40(5A) where—

a in the opinion of the Secretary of State, circumstances have changed materially since the determination mentioned in sub-paragraph (5), or

b the Secretary of State wishes to provide further evidence to the Commission.

Sub-paragraphs (3) to (5) apply to an application under this sub-paragraph.

2 Deprivation of citizenship without notice: review¶

1 Sub-paragraphs (2) to (5) apply if—

a the Secretary of State makes a conducive grounds deprivation order without notice, and

b the Special Immigration Appeals Commission has not made the determination mentioned in paragraph 1(5) (Secretary of State’s decision obviously flawed).

2 The Secretary of State must, at least once in every review period, review the circumstances of the person in respect of whom the order was made (so far as known) and decide whether to give late notice in respect of the order.

3 On such a review, the Secretary of State must decide to give late notice to the person unless it appears to the Secretary of State that any of the conditions in section 40(5A) is met (reading any reference in those provisions to notice under section 40(5) as a reference to late notice).

4 If the Secretary of State decides at any point to give late notice in respect of the order—

a the Secretary of State must give the notice as soon as reasonably practicable, and

b once the notice is given, sub-paragraph (2) ceases to apply in relation to the person.

5 If on the expiry of the final review period the Secretary of State has not given, or has not decided to give, late notice in respect of the order, the Secretary of State must make an application to the Special Immigration Appeals Commission within the period of seven days beginning with the day after the final day of that review period.

6 Sub-paragraphs (3) to (6) of paragraph 1 (except sub-paragraph (5)(a)) apply for the purposes of an application under sub-paragraph (5) as they apply for the purposes of an application under that paragraph.

7 For the purposes of this paragraph, each of the following is a “review period”—

a the period of four months beginning with the day after the day on which the Special Immigration Appeals Commission first determined an application in relation to the order under paragraph 1, and

b each of the next five successive periods of four months.

3 Interpretation¶

1 In this Schedule, references to making a conducive grounds deprivation order without notice are to making an order under section 40(2) without giving notice under subsection (5) of that section (in reliance on subsection (5A) of that section).

2 In this Schedule, “late notice”, in respect of an order under section 40(5), means written notice to the person in respect of whom the order was made specifying—

a that the Secretary of State has made the order,

b the reasons for the order, and

c the person’s right of appeal under section 40A(1) or under section 2B of the Special Immigration Appeals Commission Act 1997.

SCHEDULE 5 ¶

Citizenship Oath and Pledge

^C251The form of citizenship oath and pledge is as follows for registration of or naturalisation as a British citizen—

Oath ¶

“I,[name], swear by Almighty God that, on becoming a British citizen, I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law.”

Pledge ¶

“I will give my loyalty to the United Kingdom and respect its rights and freedoms. I will uphold its democratic values. I will observe its laws faithfully and fulfil my duties and obligations as a British citizen.”

2The form of citizenship oath and pledge is as follows for registration of or naturalisation as a British overseas territories citizen—

Oath ¶

“I,[name], swear by Almighty God that, on becoming a British overseas territories citizen, I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law.”

Pledge ¶

“I will give my loyalty to[name of territory] and respect its rights and freedoms. I will uphold its democratic values. I will observe its laws faithfully and fulfil my duties and obligations as a British overseas territories citizen.”

3The form of citizenship oath is as follows for registration of a British Overseas citizen—“I,[name], swear by Almighty God that, on becoming a British Overseas citizen, I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law.”

4The form of citizenship oath is as follows for registration of a British subject—“I,[name], swear by Almighty God that, on becoming a British subject, I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law.”.

SCHEDULE 6 ¶

British Overseas Territories

Section 50(1).

Anguilla

Bermuda

British Antarctic Territory

British Indian Ocean Territory

Cayman Islands

Falkland Islands ^F232...

Gibraltar

^F233...

Montserrat

Pitcairn, Henderson, Ducie and Oeno Islands

^F234...

St Helena, Ascension and Tristan da Cunha

South Georgia and the South Sandwich Islands

The Sovereign Base Areas of Akrotiri and Dhekelia (that is to say the areas mentioned in section 2(1) of the ^M34Cyprus Act 1960)

Turks and Caicos Islands

Virgin Islands.

^X4SCHEDULE 7 ¶

Consequential Amendments

Section 52(6).

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

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

LEGITIMACY DECLARATION ACT 1858 (c. 93)¶

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

SUBMARINE TELEGRAPH ACT 1885 (c. 49)¶

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

BRITISH NATIONALITY ACT 1948 (c. 56)¶

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

IRELAND ACT 1949 (c. 41)¶

1In 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—

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

DEFAMATION ACT 1952 (c. 66)¶

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

DEFAMATION ACT (NORTHERN IRELAND) 1955 (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 “ mentioned in Schedule 3 to the British Nationality Act 1981, Her Majesty may by Order in Council remove the Republic of Cyprus from that Schedule. ”.

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

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

a in the definition of “British protected person”, for “section 1(3) of the British Nationality Acts 1948 to 1964” 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 “ 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 dipolmatic immunity, of Orders in Council withdrawing diplomatic privileges and immunities) substitute—

COMMONWEALTH SECRETARIAT ACT 1966 (c. 10)¶

In Part II of the Schedule (staff of the Secretariat), in paragraphs 5(1) and 7, for “section 1(3) of the ^M35British Nationality Act 1948” substitute “ Schedule 3 to the British Nationality Act 1981 ”.

WEST INDIES ACT 1967 (c. 4)¶

1In 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 overseas territories citizens or British Overseas citizens ”.

2In Schedule 3 (modifications of British Nationality Acts)—

a for paragraph 4(3) substitute—

; and

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

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

^F176. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ANTARCTIC TREATY ACT 1967 (C. 65)¶

^F238. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

FUGITIVE OFFENDERS ACT 1967 (c. 68)¶

. . . ^F239.

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

TANZANIA ACT 1969 (c. 29)¶

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

INCOME AND CORPORATION TAXES ACT 1970 (c. 10)¶

. . . ^F240.

MERCHANT SHIPPING ACT 1970 (c. 36)¶

1In section 70(3) (meaning of “British seamen” in section 70), for “the British Nationality Act 1948” substitute “ the British Nationality Act 1981 ”.

2In 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 ”.

. . . ^F241

. . . ^F242

. . . ^F243

CHILDREN ACT 1975 (c. 72)¶

1In Part II of Schedule 1 (adoption orders)—

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

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

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

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

b in paragraph 1(4)(d), for “citizenship of the United Kingdom and Colonies” substitute “ British citizenship, British overseas 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 1965” substitute “ the British Nationality Act 1981 ” ; and

b in paragraph (d), for “citizenship of the United Kingdom and Colonies” substitute “ British citizenship, British overseas territories citizenship or British Overseas citizenship. ”.

NATIONAL HEALTH SERVICE ACT 1977 (c. 49)¶

^F177. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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—

; and

c in subsection (3), for “section 23(2) of the 1948 Act)” substitute “ section 47(2) of the British Nationality Act 1981) ”.

ADOPTION (SCOTLAND) ACT 1978 (c. 28)¶

In section 41(2) (nationality enactments)—

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

b in paragraph (d), for “citizenship of the United Kingdom and Colonies” substitute “ British citizenship, British overseas 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 “the British 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 ^M36British Nationality Act 1948” substitute “ Schedule 3 to the British Nationality 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

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

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

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

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

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

2In section 14(3) (persons who may be guilty of offences under regulations), for “a citizen of the United Kingdom and Colonies” substitute “ a British citizen, a British overseas territories citizen or a British Overseas citizen ”.

SCHEDULE 8 ¶

Transitional Provisions

Section 52(7).

Applications for naturalisation or registration pending at commencement¶

1 This paragraph applies to any application—

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

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

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

2 In relation to any application to which this paragraph applies—

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

b this Act shall not apply;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1 Where—

a a person has before commencement duly made a declaration under section 4(2) of the ^M37Cyprus Act 1960 of his intention to resume citizenship of the United Kingdom and Colonies; but

b at commencement the declaration has not been registered,

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

2 If—

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

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

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

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

Applications for certificates of patriality pending at commencement¶

5Any application for a certificate of patriality under the ^M38Immigration Act 1971 duly made but not determined before commencement shall be treated as if it were an application for a certificate of entitlement under that Act as amended by this Act.

Appeals under Part II of Immigration Act 1971¶

6Where a person who has been refused a certificate of patriality under the ^M39Immigration 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.

7Any appeal under Part II of the Immigration Act 1971 against a refusal of a certificate of patriality under that Act which is pending immediately before commencement shall be treated as if it were an appeal against a refusal of a certificate of entitlement under that Act as amended by this Act.

8In 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.

^X5SCHEDULE 9 ¶

REPEALS

Section 52(8).

Chapter	Short title	Extent of repeal
11 & 12 Geo. 6. c. 3.	Burma Independence Act 1947.	Section 2.
		Schedule 1.
11 & 12 Geo. 6. c. 56.	British Nationality Act 1948.	The whole Act except—
		(a)section (3);
		(b)section 32(3);
		(c)section 33(1) from the beginning to the words “Isle of Man”; and
		Section 34(1).
12, 13 & 14 Geo. 6. c. 41.	Ireland Act 1949.	Section 5.
14 Geo. 6. c. 5.	Newfoundland (Consequential Provisions) Act 1950.	The whole Act.
15 & 16 Geo. 6 & 1 Eliz. 2. c. 67.	Visiting Forces Act 1952.	Section 15(3)(c) and (d).
5 & 6 Eliz. 2. c. 6.	Ghana Independence Act 1957.	Section 2.
5 & 6 Eliz. 2. c. 60.	Federation of Malaya Independence Act 1957.	In Schedule 1, paragraph 1.
6 & 7 Eliz. 2. c. 10.	British Nationality Act 1958.	The whole Act.
7 & 8 Eliz. 2. c. 5.	Adoption Act 1958.	Section 19.
		In section 60(2), the words “section nineteen, and”.
8 & amp; 9 Eliz. 2. c. 52.	Cyprus Act 1960.	Section 4(2) to (4) and (7).
		In the Schedule, paragraph 1.
8 & 9 Eliz. 2. c. 55.	Nigeria Independence Act 1960.	Section 2.
9 & 10 Eliz. 2. c. 16.	Sierra Leone Independence Act 1961.	Section 2.
10 Eliz. 2. c. 1.	Tanganyika Independence Act 1961.	Section 2.
10 & 11 Eliz. 2. c. 8.	Civil Aviation (Euro-control) Act 1962.	Section 9(2).
10 & 11 Eliz. 2. c. 21.	Commonwealth Immigrants Act 1962.	Section 12(2) and (4).
10 & 11 Eliz. 2. c. 23.	South Africa Act 1962.	Section 1(2).
		Schedule 1.
10 & 11 Eliz. 2. c. 40.	Jamaica Independence Act 1962.	Section 2.
10 & 11 Eliz. 2. c. 54.	Trinidad and Tobago Independence Act 1962.	Section 2.
10 & 11 Eliz. 2. c. 57.	Uganda Independence Act 1962.	Section 2.
1963 c. 35.	Malaysia Act 1963.	Section 2.
		Schedule 1.
1963 c. 54.	Kenya Independence Act 1963.	Sections 2 and 3.
1963 c. 55.	Zanzibar Act 1963.	Section 2.
		Schedule 2.
1964 c. 5.	International Headquarters and Defence Organisations Act 1964.	Section 2(1)(c).
		In section 2(1)(d), the reference to paragraph (c).
1964 c. 22.	British Nationality Act 1964.	The whole Act.
1964 c. 57.	Adoption Act 1964.	Section 1(3).
		In section 4(4), the words from “except” to “1958”.
1964 c. 65.	Zambia Independence Act 1964.	Sections 3 and 4.
1964 c. 81.	Diplomatic Privilages Act 1964.	Section 5(2).
1964 c. 86.	Malta Independence Act 1964.	Sections 2 and 3.
1964 c. 93.	Gambia Independence Act 1964.	Sections 2 and 3.
1965 c. 34.	British Nationality Act 1965.	The whole Act.
1966 c. 14.	Guyana Independence Act 1966.	Sections 2 and 3.
1963 c. 23.	Botswana Independence Act 1966.	Sections 3 and 4.
1966 c. 24.	Lesotho Independence Act 1966.	Sections 3 and 4.
1966 c. 29.	Singapore Act 1966.	In the Schedule, paragraph 1.
1966 c. 37.	Barbados Independence Act 1966.	Sections 2 and 3.
1967 c. 4.	West Indies Act 1967.	Section 12.
		In Schedule 3, paragraphs 1. to 3, 5 and 7 and, in paragraph 4(1), the words form “(subject” to “Schedule)”.
1967 c. 71.	Aden, Perim and Kuria Muria Islands Act 1967.	Section 2.
		Schedule.
1968 c. 8.	Mauritius Independence Act 1968	Sections 2 and 3.
1968 c. 18.	Consular Relations Act 1968.	Section 7.
1968 c. 53.	Adoption Act 1968.	Section 9(5).
		In section 14(3), the words “except sections 9(5) and this section”.
1968 c. 56.	Swaziland Independence Act 1968.	Sections 3 and 4.
1968 c. 59.	Hovercraft Act 1968.	In the Schedule, paragraph 1(d).
1969 c. 29.	Tanzania Act 1969.	Section 1.
		Section 7(1)(a) and (2).
1969 c. 46.	Family Law Reform Act 1969.	Section 28(4)(a).
		In Schedule 1, the entry relating to the British Nationality Act 1948.
1970 c. 22.	Tonga Act 1970.	Section 2.
1970 c. 50.	Fiji Independence Act 1970.	Sections 2 and 3.
1971 c. 62.	Tribunals and Inquiries Act 1971.	In section 14(3), the words from “affect” to “1948 or”.
1971 c. 77.	Immigration Act 1971.	In section 9(5), the words from “other” to “section 2”.
		Section 30(1).
		In section 31(a), the words from “(including” to “Act)”.
		Schedule 1 (including Appendices A to C).
1972 c. 55.	Sri Lanka Republic Act 1972.	Section 1(3) and (5).
1973 c. 27.	Bahamas Independence Act 1973.	Section 2(1), (2) and (6).
1973 c. 48.	Pakistan Act 1973.	Section 1.
		Schedules 1 and 2.
1973 c. 49.	Bangladesh Act 1973.	Section 2.
1975 c. 31.	Malta Republic Act 1975.	Section 1(3).
1975 c. 72.	Children Act 1975.	In section 109(2)(b), the words “and 63” and “and”.
		Section 109(2)(c).
		In Schedule 3, paragraph 63.
1976 c. 19.	Seychelles Act 1976.	Sections 3 and 4.
		Section 5(3).
1976 c. 36.	Adoption Act 1976.	Section 40.
		In section 47(2), the words “Without prejudice to section 40”.
		In section 74(4), the words from “except” to “1968”.
1976 c. 54.	Trinidad and Tobago Republic Act 1976.	Section 1(3).
1978 c. 15.	Soloman Islands Act 1978.	Section 2(1).
		Section 4(5).
		Section 5(1) and (3).
1978 c. 20.	Tuvalu Act 1978.	Sections 2, 3 and 5(2).
1978 c. 23.	Judicature (Northern Ireland) Act 1978.	Section 22(2)(a).
1978 c. 28.	Adoption (Scotland) Act 1978.	Section 40.
		In section 41(2), the words “Without prejudice to section 40”.
1978 c. 30.	Interpretation Act 1978.	In section 24(4), the words “British subject and Commonwealth citizen ;”.
		In Schedule 1. the entry defining “British subject” and “Commonwealth citizen”.
		In Schedule 2, inparagraph 6, the words “British subject and Commonwealth citizen ;”.
1979 c. 27.	Kiribati Act 1979.	Section 3(3).
		Sections 4 and 5.
		Section 7(2).
1979 c. 60.	Zimbabwe Act 1979.	Section 2.
		In section 5(2)—
		(a) paragraph (a); and
		(b) in paragraph (b), the words “1 or”.
		Schedule 1.
1980 c. 2.	Papua New Guinea, Western Samoa and Nauru (Miscellaneous Provisions) Act 1980.	In section 1, subsection (1) and, in subsection (3), the reference to section 3(2).
		Section 2.
		Section 3(2).
1980 c. 16.	New Hebrides Act 1980.	Section 1.
		In section 4(2), the reference to section 1(2).
1981 c. 52.	Belize Act 1981.	Section 4(1).
1981 c. 61.	British Nationality Act 1981.	Section 49.

Footnotes

F1
Words in s. 14(1)(h) substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 1(1)(b)
F2
Words in s. 15 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 1(1)(b)
F3
Words in s. 15 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 1(1)(b)
F4
Words in s. 16 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 1(1)(b)
F5
Words in s. 16 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 1(1)(b)
F6
Words in s. 16 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 1(1)(b)
F7
Words in s. 17 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 1(1)(b)
F8
Words in s. 17 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 1(1)(b)
F9
Words in s. 18(3) substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 1(1)(b)
F10
Words in s. 19 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 1(1)(b)
F11
Words in s. 22 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 1(1)(b)
F12
Words in s. 23 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 1(1)(b)
F13
Words in s. 25 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 1(1)(b)
F14
Words in s. 25 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 1(1)(b)
F15
Words in s. 31(3)(b) substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 1(1)(b)
F16
Words in s. 50 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 1(1)(b)
F17
Words in s. 53(5) substituted (26.2.2002) by British Overseas Territories Act 2002 (C. 8), {s. 1(1)(b)}
F18
Words in Sch. 1 para. 9(2) substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 1(1)(b)
F19
Words in Sch. 1 para. 9 cross-heading substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), {1(1)(b)}
F20
Words in Sch. 2 para. 2 cross-heading substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 1(1)(b)
F21
Words in Sch. 2 para. 2 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 1(1)(b)
F22
Words in Sch. 2 para. 3 cross-heading substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 1(1)(b)
F23
Words in Sch. 2 para. 3 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 1(1)(b)
F24
Words in Sch. 2 para. 3 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 1(1)(b)
F25
Words in Sch. 2 para. 4 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 1(1)(b)
F26
Words in Sch. 2 para. 4 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 1(1)(b)
F27
Words in Sch. 2 para. 6 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 1(1)(b)
F28
Words in Sch. 4 para.7(a)(ii) substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 1(1)(b)
F29
Words in Sch. 7 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s.1(1)(b)
F30
Words in Sch. 2 para. 4 cross-heading substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 1(1)(b)
F31
Pt. II heading substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(a)
F32
Words in s. 15 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(b)
F33
Words in s. 15 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(b)
F34
Words in s. 16(1) substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s.2(2)(b)
F35
Words in s. 17 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(b)
F36
Words in. s. 18 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(b)
F37
Words in s. 22 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(b)
F38
Words in s. 23 sidenote substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(b)
F39
Words in s. 23 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(b)
F40
Words in s. 24 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(b)
F41
Words in s. 24 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(a)
F42
Words in s. 25 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(b)
F43
Words in s. 26 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s.2(2)(b)
F44
Words in s. 37(1) substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(b)
F45
Words in s. 51 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(b)
F46
Words in Sch. 1 para. 5 cross-heading substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(b)
F47
Words in Sch. 1 para. 5 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(b)
F48
Words in Sch. 1 para. 7 cross-heading substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(b)
F49
Words in Sch. 1 para. 7 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(b)
F50
Words in Sch. 2 para. 1 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(b)
F51
Words in Sch. 2 para. 3(2)(b) substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(b)
F52
Words in Sch. 2 para. 4(4) substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(b)
F53
Words in Sch. 4 para. 4 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(b)
F54
Words in Sch. 7 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(b)
F55
Words in Sch. 7 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(b)
F56
Words in Sch. 7 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(a)
F57
Words in Sch. 7 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(a)
F58
Words in Sch. 7 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(a)
F59
Words in Sch. 7 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(a)
F60
Words in Sch. 7 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(b)
F61
Words in Sch. 7 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(b)
F62
Words in Sch. 7 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(b)
F63
Words in s. 1(1) inserted (21.5.2002) by British Overseas Territories Act 2002 (c. 8), Sch. 1 para. 1(2)(a); S.I. 2002/1252, art. 2
F64
Words in s. 1(1)(b) inserted (21.5.2002) by British Overseas Territories Act 2002 (c. 8), Sch. 1 para. 1(2)(b); S. I. 2002/1252, art. 2
F65
Words in s. 1(2) inserted (21.5.2002) by by British Overseas Territories Act 2002 (c. 8), Sch. 1 para. 1(3)(a); S.I. 2002/1252, art. 2
F66
Words in s. 1(2)(a) inserted (21.5.2002) by by British Overseas Territories Act 2002 (c. 8), Sch. 1 para. 1(3)(b); S.I. 2002/1252, art. 2
F67
Words in s. 1(2)(b) inserted (21.5.2002) by by British Overseas Territories Act 2002 (c. 8), Sch. 1 para. 1(3)(c); S.I. 2002/1252, art. 2
F68
Words in s. 1(5) inserted (21.5.2002) by British Overseas Territories Act 2002 (c. 8), Sch. 1 para. 1(4); S.I. 2002/1252, art. 2
F69
Words in s. 2(1) inserted (21.5.2002) by British Overseas Territories Act 2002 (c. 8), Sch. 1 para. 2(1)(2)(a); S.I. 2002/1252, art. 2
F70
Words in s. 2(1)(b) inserted (21.5.2002) by British Overseas Territories Act 2002 (c. 8), Sch. 1 para. 2(1)(2)(b); S.I. 2002/1252, art. 2
F71
Words in s. 2(1)(b) inserted (21.5.2002) by British Overseas Territories Act 2002 (c. 8), Sch. 1 para. 2(1)(2)(b); S.I. 2002/1252, art. 2
F72
Words in s. 2(1)(c) inserted (21.5.2002) by British Overseas Territories Act 2002 (c. 8), Sch. 1 para. 2(1)(2)(c); S.I. 2002/1252, art. 2
F73
Words in s. 2(2)(a) inserted (21.5.2002) by British Overseas Territories Act 2002 (c. 8), Sch. 1 para. 2(1)(3); S.I. 2002/1252, art. 2
F74
Words in s. 2(3) inserted (21.5.2002) by British Overseas Territories Act 2002 (c. 8), Sch. 1 para. 2(1)(4)(a); S.I. 2002/1252, art. 2
F75
Words in s. 2(3) inserted (21.5.2002) by British Overseas Territories Act 2002 (c. 8), Sch. 1 para. 2(1)(4)(b); S.I. 2002/ 1252, {art. 2}
F76
Words in s. 3(2) inserted (21.5.2002) by British Overseas Territories Act 2002 (c. 8), Sch. 1 para. 3(1)(2); S.I. 2002/1252, art. 2
F77
Words in s. 3(3)(c)(i) inserted (21.5.2002) by British Overseas Territories Act 2002 (c. 8), Sch. 1 para. 3(1)(3)(a); S.I. 2002/1252, art. 2
F78
Words in s. 3(3)(c)(ii) inserted (21.5.2002) by British Overseas Territories Act 2002 (c. 8), Sch. 1 para. 3(1)(3)(b); S.I. 2002/1252, art. 2
F79
Words in s. 3(5) inserted (21.5.2002) by British Overseas Territories Act 2002 (c. 8), Sch. 1 para. 3(1)(4)(a); S.I. 2002/1252, art. 2
F80
Words in s. 3(5)(b) inserted (21.5.2002) by British Overseas Territories Act 2002 (c. 8), Sch. 1 para. 3(1)(4)(b); S.I. 2002/1252, art. 2
F81
Words in s. 3(5)(b) inserted (21.5.2002) by British Overseas Territories Act 2002 (c. 8), Sch. 1 para. 3(1)(4)(b); S.I. 2002/1252, art. 2
F82
S. 4A inserted (21.5.2002) by the British Overseas Territories Act 2002 (c. 8), s. 4; S.I. 2002/1252, art. 2
F83
S. 7 ceased to have effect (7.11.2002) and repealed (prosp.) by virtue of Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 15, 161, 162, Sch. 2 para. 1(a), Sch. 9 (with s. 159, Sch. 2 para. 2)
F84
S. 8 ceased to have effect (7.11.2002) and repealed (prosp.) by virtue of Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 15, 161, 162, Sch. 2 para. 1(b), Sch. 9 (with s. 159, Sch. 2 para. 2)
F85
S. 9 ceased to have effect (7.11.2002) and repealed (prosp.) by virtue of Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 15, 161, 162, Sch. 2 para. 1(c), Sch. 9 (with s. 159, Sch. 2 para. 2)
F86
S. 19 ceased to have effect (7.11.2002) and repealed (prosp.) by virtue of Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 15, 161, 162, Sch. 2 para. 1(d), Sch. 9 (with s. 159, Sch. 2 para. 2)
F87
S. 20 ceased to have effect (7.11.2002) and repealed (prosp.) by virtue of Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 15, 161, 162, Sch. 2 para. 1(e), Sch. 9 (with s. 159, Sch. 2 para. 2)
F88
S. 21 ceased to have effect (7.11.2002) and repealed (prosp.) by virtue of Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 15, 161, 162, Sch. 2 para. 1(f), Sch. 9 (with s. 159, Sch. 2 para. 2)
F89
S. 27(2) ceases to have effect (7.11.2002) and repealed (prosp.) by virtue of Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 15, 161, 162, Sch. 2 para. 1(g), Sch. 9 (with s. 159, Sch. 2 para. 2)
F90
S. 28 ceased to have effect (7.11.2002) and repealed (prosp.) by virtue of Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 15, 161, 162, Sch. 2 para. 1(h), Sch. 9 (with s. 159, Sch. 2 para. 2)
F91
S. 33 ceased to have effect (7.11.2002) and repealed (prosp.) by virtue of Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 15, 161, 162, Sch. 2 para. 1(i), Sch. 9 (with s. 159, Sch. 2 para. 2)
F92
Words in s. 37(1)(a) inserted (21.5.2002) by British Overseas Territories Act 2002 (c. 8), s. 5, Sch. 1 para. 4; S.I. 2002/1252, art. 2
F93
Words in s. 43(1)(b) substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 1(1)(b)
F94
Words in s. 43 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(a)
F95
Words in s. 43(1)(b) substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(b)
F96
Words in s. 43(1)(b) repealed (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 7, Sch. 2
F97
S. 44(2)(3) ceased to have effect (7.11.2002) and repealed (prosp.) by virtue of Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 7(1), 161, 162, Sch. 9 (with s. 159)
F98
Definition in s. 50(1) inserted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 1(1)(a)
F99
Definition in s. 50(1) repealed (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 7, Sch. 2
F100
Definition in s. 50(1) inserted (21.5.2002) by British Overseas Territories Act 2002 (c. 8), s. 5, Sch. 1 para. 5(2); S.I. 2002/1252, art. 2
F101
Definition in s. 50(1) inserted (21.5.2002) by British Overseas Territories Act 2002 (c. 8), s. 5, Sch. 1 para. 5(2); S.I. 2002/1252, art. 2
C1
S. 50(5) modified (7.11.2002, partly retrospective) by Nationality, Immigration and Asylum Act 2002 (c. 41), s. 11
F102
S. 50(7A)(7B) substituted (21.5.2002) for words by British Overseas Territories Act 2002 (c. 8), s. 5, Sch.1 para. 5(3)
F103
Words in s. 51(3)(a)(ii) inserted (21.5.2002) by British Overseas Territories Act 2002 (c. 8), s. 5, Sch. 1 para. 6; S.I. 2002/1252, art. 2
C2
Sch. 1 modified (7.11.2002, partly retrospective) by Nationality, Immigration and Asylum Act 2002 (c. 41), s. 11
F104
Sch. 6 heading substituted (26.2.2002) by virtue of British Overseas Territories Act 2002 (c. 8), s. 1(1)(c)
C3
Act modified (21.5.2002) by British Overseas Territories Act 2002 (c. 8), s. 3(3); S.I. 2002/1252, art. 2
C4
Act modified (21.5.2002) by British Overseas Territories Act 2002 (c. 8), s. 6(2); S.I. 2002/1252, art. 2
Act modified (21.5.2002) by British Overseas Territories Act 2002 (c. 8), s. 6(4); S.I. 2002/1252, art. 2
Act modified (1.1.2004) by Nationality Immigration and Asylum Act 2002 (c. 41), ss. 14, 162 (with s. 159); S.I. 2003/3156, art. 2(b) (with arts. 3, 4)
Act modified (30.4.2006) by The Immigration (European Economic Area) Regulations 2006 (S.I. 2006/1003), Sch. 2 para. 2
F105
Words in s. 4(6) substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 1(1)(b)
F106
Words in s. 4 sidenote substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(b)
F107
Words in s. 4(1) substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(b)
F108
Words in s. 15 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(b)
F109
Words in s. 50 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 1(1)(b)
C5
S. 4(2)(4) modified (7.11.2002, partly retrospective) by Nationality, Immigration and Asylum Act 2002 (c. 41), s. 11
C6
S. 4(2)(4) modified (7.11.2002, partly retrospective) by Nationality, Immigration and Asylum Act 2002 (c. 41), s. 11
F110
Words in Sch. 1 para. 8 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 1(1)(b)
F111
Words in s. 1(5)(b) inserted (30.12.2005) by Adoption and Children Act 2002 (c. 38), ss. 137(4)(a), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(m)
F112
Words in s. 1(5A)(b) inserted (30.12.2005) by Adoption and Children Act 2002 (c. 38), ss. 137(4)(b), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(m)
F113
Words in s. 1(8) repealed (30.12.2005) by Adoption and Children Act 2002 (c. 38), ss. 137(4)(c), 139(3), 148, Sch. 5 (with Sch. 4 paras. 2, 6-8); S.I. 2005/2213, art. 2(m); S.I. 2005/2897, art. 2(b)
C7
S. 1(3)(4) restricted (4.12.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 58, 62; S.I. 2006/2838, art. 4(1) (subject to art. 4(2))
F114
Words in s. 3(6)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 71; S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5))
F115
Word in s. 3(6) inserted (1.7.2006 with effect as mentioned in s. 162(5) of the amending Act) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 9(2)(a), 162 (with s. 159); S.I. 2006/1498, arts. 2(b), 3
F116
Word in s. 3(6)(b) ceases to have effect (1.7.2006 with effect as mentioned in s. 162(5) of the amending Act) and repealed (prosp.) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 9(2)(b), 161, 162, Sch. 9 (with s. 159); S.I. 2006/1498, arts. 2(b), 3
C8
S. 3(1) restricted (4.12.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 58, 62; S.I. 2006/2838, art. 4(1) (subject to art. 4(2))
C9
S. 3(5) restricted (4.12.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 58, 62; S.I. 2006/2838, art. 4(1) (subject to art. 4(2))
F117
S. 3(6)(c) ceases to have effect (1.7.2006 with effect as mentioned in s. 162(5) of the amending Act) and repealed (prosp.) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 9(2)(c), 161, 162, Sch. 9 (with s. 159); S.I. 2006/1498, arts. 2(b), 3
F118
S. 4B inserted (30.4.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 12(1), 162 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1 (with arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, art. 2 and S.I. 2003/1339, art. 4))
F119
S. 4C inserted (30.4.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 13(1), 162 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1 (with arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, art. 2 and S.I. 2003/1339, art. 4))
F120
Words in s. 10(1)(2) repealed (1.4.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 5(a), 161, 162, Sch. 9 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1 (with arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, art. 2 and S.I. 2003/1339, art. 4))
F121
Words in s. 14(1)(d) substituted (30.4.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 12(2), 162 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1 (with arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, art. 2 and S.I. 2003/1339, art. 4))
F122
Words in s. 14(1)(d) inserted (30.4.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 13(2), 162 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1 (with arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, art. 2 and S.I. 2003/1339, art. 4))
F123
S. 15(5A) inserted (30.12.2005) by Adoption and Children Act 2002 (c. 38), ss. 137(5)(a), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(m)
F124
Words in s. 15(6) inserted (30.12.2005) by Adoption and Children Act 2002 (c. 38), ss. 137(5)(b), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(m)
F125
Words in s. 17(6)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 75; S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5))
F126
Word in s. 17(6) inserted (1.7.2006 with effect as mentioned in s. 162(5) of the amending Act) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 9(3)(a), 162 (with s. 159); S.I. 2006/1498, arts. 2(b), 3
F127
Word in s. 17(6) repealed (1.7.2006 with effect as mentioned in s. 162(5) of the amending Act) and repealed (prosp.) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 9(3)(b), 161, 162, Sch. 9 (with s. 159); S.I. 2006/1498, arts. 2(b), 3
C10
S. 17(1)(5) restricted (4.12.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 58, 62; S.I. 2006/2838, art. 4(1) (subject to art. 4(2))
F128
S. 17(6)(c) ceases to have effect (1.7.2006 with effect as mentioned in s. 162(5) of the amending Act) and repealed (prosp.) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 9(3)(c), 161, 162, Sch. 9 (with s. 159); S.I. 2006/1498, arts. 2(b), 3
F129
Words in s. 22(1)(2) repealed (1.4.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 5(b), 161, 162, Sch. 9 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1 (with arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, art. 2 and S.I. 2003/1339, art. 4))
F130
Words in s. 22(2)(b) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 77; S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5))
C11
S. 22(1)(2) restricted (4.12.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 58, 62; S.I. 2006/2838, art. 4(1) (subject to art. 4(2))
F131
Ss. 40, 40A substituted (1.4.2003) for s. 40 by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 4(1)(4), 162 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1 (with arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, art. 2 and S.I. 2003/1339, art. 4))
F132
Ss. 40, 40A substituted (1.4.2003) for s. 40 by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 4(1)(4), 162 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1 (with arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, art. 2 and S.I. 2003/1339, art. 4))
F133
S. 41(1)(d)-(de) substituted (1.1.2004) for s. 41(1)(d) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 3, 162, Sch. 1 para. 4 (with s. 159); S.I. 2003/3156, art. 2(a) (with arts. 3, 4)
F134
Words in s. 41(3)(a) substituted (1.1.2004) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 3, 162, Sch. 1 para. 6 (with s. 159); S.I. 2003/3156, art. 2(a) (with arts. 3, 4)
F135
S. 41(3A)(3B) inserted (1.1.2004) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 3, 162, Sch. 1 para. 7 (with s. 159); S.I. 2003/3156, art. 2(a) (with arts. 3, 4)
F136
S. 41(1)(ba)(bb) inserted (6.7.2004) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 1(3), 162 (with s. 159); S.I. 2004/1707, art. 2
F137
S. 41(1A) inserted (6.7.2004) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 1(4), 162 (with s. 159); S.I. 2004/1707, art. 2
F138
S. 41(1)(j) added (5.11.2007) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 50(4), 62; S.I. 2007/3138, art. 2(i)
F139
S. 41(2) repealed (2.4.2007) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 52(7), 61, 62, Sch. 2 para. 1(a), Sch. 3; S.I. 2007/1109, {arts. 4, 5}, Sch. (subject to art. 6)
F140
Words in s. 41(3) repealed (2.4.2007) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 52(7), 61, 62, Sch. 2 para. 1(b)(i), Sch. 3; S.I. 2007/1109, {arts. 4, 5}, Sch. (subject to art. 6)
F141
S. 41(3)(b) repealed (2.4.2007) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 52(7), 61, 62, Sch. 2 para. 1(b)(ii), Sch. 3; S.I. 2007/1109, {arts. 4, 5}, Sch. (subject to art. 6)
F142
Ss. 42-42B substituted (1.1.2004) for s. 42 by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 3, 162, Sch. 1 para. 1 (with s. 159); S.I. 2003/3156, art. 2(a) (with arts. 3, 4)
F143
Ss. 42-42B substituted (1.1.2004) for s. 42 by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 3, 162, Sch. 1 para. 1 (with s. 159); S.I. 2003/3156, art. 2(a) (with arts. 3, 4)
F144
Ss. 42-42B substituted (1.1.2004) for s. 42 by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 3, 162, Sch. 1 para. 1 (with s. 159); S.I. 2003/3156, art. 2(a) (with arts. 3, 4)
F145
S. 42A repealed (2.4.2007) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 52(7), 61, 62, Sch. 2 para. 2, Sch. 3; S.I. 2007/1109, {arts. 4, 5}, Sch. (subject to art. 6)
F146
S. 47 ceased to have effect (1.7.2006 with effect as mentioned in s. 162(5) of the amending Act) and repealed (prosp.) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 9(4), 161, 162, Sch. 9 (with s. 159); S.I. 2006/1498, arts. 2(b), 3
F147
S. 50(1): definition of "Convention adoption" inserted (30.12.2005) by Adoption and Children Act 2002 (c. 38), ss. 137(6)(a), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(m)
F148
S. 50(1): definition of "designated territory" inserted (30.12.2005) by Adoption and Children Act 2002 (c. 38), ss. 137(6)(b), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(m)
F149
S. 50(14) inserted (30.12.2005) by Adoption and Children Act 2002 (c. 38), ss. 137(7), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(m)
F150
S. 50(9)-(9C) substituted (5.6.2006 for certain purposes and otherwise 1.7.2006 with effect as mentioned in s. 162(5) of the amending Act) for s. 50(9) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 9(1), 162 (with s. 159); S.I. 2006/1498, arts. 2, 3
C12
S. 50(8) applied (25.10.2006) by The Immigration, Asylum and Nationality Act 2006 (Commencement No. 3) Order 2006 (S.I. 2006/2838), art. 4(3)
F151
Sch. 1 para. 1(1)(ca) inserted (1.11.2005) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 1(1), 162(1) (with s. 159); S.I. 2005/2782, art. 3(1) (subject to art. 3(2))
F152
Words in Sch. 1 para. 2(e) substituted (1.11.2005) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 1(2), 162(1) (with s. 159); S.I. 2005/2782, art. 3(1) (subject to art. 3(2))
F153
Words in Sch. 1 para. 2(e) substituted (1.11.2005) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 1(2), 162(1) (with s. 159); S.I. 2005/2782, art. 3(1) (subject to art. 3(2))
F154
Words in Sch. 1 para. 3(e) substituted (28.7.2004) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 2(1)(a), 162 (with s. 159); S.I. 2004/1707, art. 3
F155
Words in Sch. 1 para. 7(e) substituted (28.7.2004) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 2(2)(a), 162 (with s. 159); S.I. 2004/1707, art. 3
F156
S. 40A(3) substituted (4.4.2005) for s. 40A(3)-(5) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26(7), 48, Sch. 2 para. 4(b); S.I. 2005/565, art. 2 (with arts. 3-9)
F157
S. 40A(6)-(8) repealed (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26(7), 47, 48, Sch. 2 para. 4(c), Sch. 4; S.I. 2005/565, art. 2 (with arts. 3-9)
F158
S. 40A(3)(e) and preceding word added (16.6.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 56(2), 62; S.I. 2006/1497, art. 3, Sch.
F159
Word in s. 40A(3) repealed (16.6.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 56(2), 62; S.I. 2006/1497, art. 3, Sch.
F160
Words in Sch. 1 para. 4(c) omitted (28.7.2004) and repealed (prosp.) by virtue of Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 2(1)(b), 161, 162, Sch. 9 (with s. 159); S.I. 2004/1707, art. 3
F161
Words in Sch. 1 para. 4(d) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 78; S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5))
F162
Words in Sch. 1 para. 8(c) omitted (28.7.2004) and repealed (prosp.) by virtue of Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 2(2)(b), 161, 162, Sch. 9 (with s. 159); S.I. 2004/1707, art. 3
F163
Words in Sch. 1 para. 8(d) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 78; S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5))
F164
Words in Sch. 2 para. 3(1)(b) repealed (1.4.2003 with effect as mentioned in s. 162(4) of the amending Act) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 8, 161, 162, Sch. 9 (with s. 159); S.I. 2003/754, art. 2, Sch. 1 (with arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, art. 2 and S.I. 2003/1339, art. 4))
F165
Words in Sch. 2 para. 1(1)(b) ceased to have effect (1.7.2006 with effect as mentioned in s. 162(5) of the amending Act) and repealed (prosp.) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 9(5)(a), 161, 162, Sch. 9 (with s. 159); S.I. 2006/1498, arts. 2(b), 3
F166
Words in Sch. 2 para. 2(1)(b) ceased to have effect (1.7.2006 with effect as mentioned in s. 162(5) of the amending Act) and repealed (prosp.) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 9(5)(b), 161, 162, Sch. 9 (with s. 159); S.I. 2006/1498, arts. 2(b), 3
F167
Words in table in Sch. 4 para. 2 repealed (1.4.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 161, 162, Sch. 9 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1 (with arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, art. 2 and S.I. 2003/1339, art. 4))
F168
Sch. 4 para. 6 repealed (1.4.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 161, 162, Sch. 9 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1 (with arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, art. 2 and S.I. 2003/1339, art. 4))
F169
Sch. 5 substituted (1.1.2004) by Nationality, Immigration and Asylum Act 2002 (c. 41), s. 3, Sch. 1 para. 2 (with s. 159); S.I. 2003/3156, art. 2(a) (with arts. 3, 4)
F170
Words in s. 6(2) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 72; S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5))
F171
Words in s. 10(2)(b) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 73; S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5))
C13
S. 10(1)(2) restricted (4.12.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 58, 62; S.I. 2006/2838, art. 4(1) (subject to art. 4(2))
F172
Words in s. 12(5) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 74; S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5))
F173
Words in s. 18(2) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 76; S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5))
C14
S. 4(5) restricted (4.12.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 58, 62; S.I. 2006/2838, art. 4(1) (subject to art. 4(2))
C15
S. 4A restricted (4.12.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 58, 62; S.I. 2006/2838, art. 4(1) (subject to art. 4(2))
C16
S. 4C restricted (4.12.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 58, 62; S.I. 2006/2838, art. 4(1) (subject to art. 4(2))
C17
S. 5 restricted (4.12.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 58, 62; S.I. 2006/2838, art. 4(1) (subject to art. 4(2))
C18
S. 13(1)(3) restricted (4.12.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 58, 62; S.I. 2006/2838, art. 4(1) (subject to art. 4(2))
C19
S. 15(3)(4) restricted (4.12.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 58, 62; S.I. 2006/2838, art. 4(1) (subject to art. 4(2))
C20
S. 24 restricted (4.12.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 58, 62; S.I. 2006/2838, art. 4(1) (subject to art. 4(2))
C21
S. 27(1) restricted (4.12.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 58, 62; S.I. 2006/2838, art. 4(1) (subject to art. 4(2))
C22
S. 32 restricted (4.12.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 58, 62; S.I. 2006/2838, art. 4(1) (subject to art. 4(2))
F174
S. 40(2) substituted (16.6.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 56(1), 62; S.I. 2006/1497, art. 3, Sch.
F175
S. 44A inserted (31.8.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 49, 62; S.I. 2006/2226, art. 3, Sch. 1 (subject to transitional provisions in art. 4)
F176
Sch. 7: paragraph relating to Marine Broadcasting (Offences) Act 1967 repealed (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), ss. 124, 125(1), 126(2), Sch. 9 Pt. 1 (with Sch. 8 Pt. 1)
F177
Sch. 7: entry for National Health Service Act 1977 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 4-6, 8, Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)
F178
Sch. 7: entry relating to Act of Settlement repealed (1.1.2007 for E.W.S. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 18(7), 74(2), 77, Sch. 2; S.I. 2006/3412, art. 3, Sch. 1 para. 14(e)(cc)(iv) (subject to art. 6, Sch. 2); S.I. 2008/1316, arts. 2(2), 4(aa)(i) (which repeal applies only so far as the modification relates to membership of the House of Commons, or anything from which a person is disqualified by virtue of a disqualification from membership of that House, by virtue of Constitutional Reform and Governance Act 2010 (c. 25), ss. 47, 52)
C23
S. 50(8) applied (8.12.2003) by The Nationality, Immigration and Asylum Act 2002 (Commencement No. 6) Order 2003 (S.I. 2003/3156), art. 4
C24
S. 4(2) restricted (4.12.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 58, 62; S.I. 2006/2838, art. 4(1) (subject to art. 4(2))
C25
Sch. 5 para. 1 modified (1.6.2007) by The Citizenship Oath and Pledge (Welsh Language) Order 2007 (S.I. 2007/1484), art. 3
C26
S. 39(1) extended (Isle of Man) (13.3.2008 for specified purposes and otherwise 1.5.2008) by The Immigration (Isle of Man) Order 2008 (S.I. 2008/680), arts. 1(2), 5, 8(2)(a)
C27
S. 39(2) extended (Isle of Man) (13.3.2008 for specified purposes and otherwise 1.5.2008) by The Immigration (Isle of Man) Order 2008 (S.I. 2008/680), arts. 1(2), 5, 8(2)(a)
C28
S. 39(4) extended (Isle of Man) (13.3.2008 for specified purposes and otherwise 1.5.2008) by The Immigration (Isle of Man) Order 2008 (S.I. 2008/680), arts. 1(2), 5, 8(2)(a)
C29
S. 39(6) extended in part (Isle of Man) (13.3.2008 for specified purposes and otherwise 1.5.2008) by The Immigration (Isle of Man) Order 2008 (S.I. 2008/680), arts. 1(2), 5, 8(2)(b)
F179
S. 50(9A)(b)(ba)(c) substituted (6.4.2009) for s. 50(9A)(b)(c) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68, Sch. 6 para. 22; S.I. 2009/479, art. 6(d) (with transitional provisions in art. 7(1), Sch.)
C30
Sch. 4 para. 1 extended (Isle of Man) (13.3.2008 for specified purposes and otherwise 1.5.2008) by The Immigration (Isle of Man) Order 2008 (S.I. 2008/680), arts. 1(2), 5, 8(2)(c)(i)
C31
Sch. 4 para. 2 extended in part (Isle of Man) (13.3.2008 for specified purposes and otherwise 1.5.2008) by The Immigration (Isle of Man) Order 2008 (S.I. 2008/680), arts. 1(2), 5, 8(2)(c)(ii)
C32
Sch. 4 para. 3 extended in part (Isle of Man) (13.3.2008 for specified purposes and otherwise 1.5.2008) by The Immigration (Isle of Man) Order 2008 (S.I. 2008/680), arts. 1(2), 5, 8(2)(c)(iii)
C33
Sch. 4 para. 5 extended (Isle of Man) (13.3.2008 for specified purposes and otherwise 1.5.2008) by The Immigration (Isle of Man) Order 2008 (S.I. 2008/680), arts. 1(2), 5, 8(2)(c)(iv)
C34
Sch. 4 para. 7 extended (Isle of Man) (13.3.2008 for specified purposes and otherwise 1.5.2008) by The Immigration (Isle of Man) Order 2008 (S.I. 2008/680), arts. 1(2), 5, 8(2)(c)(v)
F180
S. 1(1A) inserted (13.1.2010) by Borders, Citizenship and Immigration Act 2009 (c. 11), ss. 42(2), 58; S.I. 2009/2731, art. 4(a)
F181
Word in s. 1(3) inserted (13.1.2010) by Borders, Citizenship and Immigration Act 2009 (c. 11), ss. 42(3), 58; S.I. 2009/2731, art. 4(a)
F182
S. 1(3A) inserted (13.1.2010) by Borders, Citizenship and Immigration Act 2009 (c. 11), ss. 42(4), 58; S.I. 2009/2731, art. 4(a)
F183
Words in s. 1(4) inserted (13.1.2010) by Borders, Citizenship and Immigration Act 2009 (c. 11), ss. 42(5), 58; S.I. 2009/2731, art. 4(a)
F184
S. 1(9) inserted (13.1.2010) by Borders, Citizenship and Immigration Act 2009 (c. 11), ss. 42(6), 58; S.I. 2009/2731, art. 4(a)
F185
Words in s. 3(2) substituted (13.1.2010) by Borders, Citizenship and Immigration Act 2009 (c. 11), ss. 43(2), 58; S.I. 2009/2731, art. 4(b)
F186
S. 3(4) repealed (13.1.2010) by Borders, Citizenship and Immigration Act 2009 (c. 11), ss. 43(3), 56, 58, Sch. Pt. 2; S.I. 2009/2731, art. 4(i)(j)
F187
Word in s. 4B(1) repealed (13.1.2010) by Borders, Citizenship and Immigration Act 2009 (c. 11), ss. 44(2)(a), 56, 58, Sch. Pt. 2; S.I. 2009/2731, art. 4(c)(i)(j)
F188
S. 4B(1)(d) and preceding word inserted (13.1.2010) by Borders, Citizenship and Immigration Act 2009 (c. 11), ss. 44(2)(b), 56, 58; S.I. 2009/2731, art. 4(c)
F189
Words in s. 4B(2)(c) substituted (13.1.2010) by Borders, Citizenship and Immigration Act 2009 (c. 11), ss. 44(3), 56, 58; S.I. 2009/2731, art. 4(c)
F190
S. 4B(3) inserted (13.1.2010) by Borders, Citizenship and Immigration Act 2009 (c. 11), ss. 44(4), 58; S.I. 2009/2731, art. 4(c)
F191
Words in s. 4C(2) repealed (13.1.2010) by Borders, Citizenship and Immigration Act 2009 (c. 11), ss. 45(2), 56, 58, Sch. Pt. 2; S.I. 2009/2731, art. 4(d)(i)(j)
F192
S. 4C(3)-(3D) substituted (13.1.2010) for s. 4C(3) by Borders, Citizenship and Immigration Act 2009 (c. 11), ss. 45(3), 58; S.I. 2009/2731, art. 4(d)
F193
S. 4C(5) inserted (13.1.2010) by Borders, Citizenship and Immigration Act 2009 (c. 11), ss. 45(4), 58; S.I. 2009/2731, art. 4(d)
F194
S. 4D inserted (13.1.2010) by Borders, Citizenship and Immigration Act 2009 (c. 11), ss. 46, 58; S.I. 2009/2731, art. 4(e)
F195
S. 41A inserted (13.1.2010) by Borders, Citizenship and Immigration Act 2009 (c. 11), ss. 47(1), 58; S.I. 2009/2731, art. 4(f)
F196
Words in s. 50(1) inserted (6.11.2009) by The Government of Wales Act 2006 (Consequential Modifications, Transitional Provisions and Saving) Order 2009 (S.I. 2009/2958), arts. 1(2), 3
F197
S. 50(1A)(1B) inserted (13.1.2010) by Borders, Citizenship and Immigration Act 2009 (c. 11), ss. 49(1), 58 ; S.I. 2009/2731, art. 4(h)
F198
S. 50A inserted (13.1.2010) by Borders, Citizenship and Immigration Act 2009 (c. 11), ss. 48(1), 58 ; S.I. 2009/2731, art. 4(g)
F199
Sch. 1 para. 2(A) inserted (prosp.) by Borders, Citizenship and Immigration Act 2009 (c. 11), ss. 39(11), 58
F200
Sch. 1 para. 4A inserted (prosp.) by Borders, Citizenship and Immigration Act 2009 (c. 11), ss. 40(5), 58
F201
Sch. 1 para. 4B inserted (prosp.) by Borders, Citizenship and Immigration Act 2009 (c. 11), ss. 41(1), 58
F202
Sch. 1 para. 11 inserted (prosp.) by Borders, Citizenship and Immigration Act 2009 (c. 11), ss. 49(3), 58
F203
Words in Sch. 6 substituted (14.11.2009) by The British Nationality Act 1981 (Amendment of Schedule 6) Order 2009 (S.I. 2009/2744), art. 2
C35
S. 50A excluded (13.1.2010) by Borders, Citizenship and Immigration Act 2009 (c. 11), ss. 48(4), 58; S.I. 2009/2731, art. 4(g)
C36
Act extended by British Nationality (Falkland Islands) Act 1983 (c. 6, SIF 87), s. 3(1); restricted by British Nationality (Falkland Islands) Act 1983 (c. 6, SIF 87), s. 3(2); amended by S.I. 1983/1699, art. 2(1) and amended by British Nationality (Hong Kong) Act 1990 (c. 34, SIF 87), s. 2(1)
I1
Act partly in force at Royal Assent, see s. 53(2)(3); Act wholly in force at 1.1.1983, see S.I. 1982/933
C37
Act modified: (18.7.1996) by 1996 c. 41, s. 2(1); (19.3.1997) by 1997 c. 20, s. 2(1)
C38
Act applied (19.3.1997) by 1997 c. 20, s. 1(8)
C39
Act amended (2.10.2000) by S.I. 2000/2326, art. 8
C40
S. 1(1) explained by S.I. 1972/1613, art. 6 (as inserted by S.I. 1982/1649, art. 3)
F204
S. 1(5)(5A) substituted (1.6.2003) for s. 1(5) by 1999 c. 18, ss. 7(1), 18(3); S.I. 2003/362, art. 2(a)
F205
Words in s. 1(6) inserted (1.6.2003) by 1999 c. 18, ss. 7(2), 18(3); S.I. 2003/362, art. 2(a)
F206
By S.I. 1986/948, art. 7(2) it is provided that s. 4(1) shall have effect as if after the words “British Dependent Territories citizen,” there were inserted the words “a British National (Overseas),”
M1
1964 c. 22.
M2
1971 c. 77.
M3
1964 c. 54.
C41
S. 12 extended by S.I. 1986/948, art. 7(10)
C42
S. 12 extended by S.I. 1986/948, art. 7(10)
M4
1971 c. 77.
C43
Pt. II (ss. 15–25) excluded by S.I. 1983/882, art. 2(3)
M5
1964 c. 22.
M6
1964 c. 54.
M7
1964 c. 22.
M8
1965 c. 34.
C44
Pt. V (ss. 36–53) extended by S.I. 1983/882, art. 3(5)
C45
S. 37 extended by British Nationality (Hong Kong) Act 1990 (c. 34, SIF 87), s. 2(3)
C46
S. 37 modified (19.3.1997) by 1997 c. 20, s. 2(3)
C47
S. 37 amended (18.7.1996) by 1996 c. 41, s. 2(2)
C48
S. 37(1)(a) amended by S.I. 1986/948, art. 7(3)(a)
F207
Words substituted by British Nationality (Falkland Islands) Act 1983 (c. 6, SIF 87), s. 4(3)
F208
By S.I. 1986/948, art. 7(3)(b) it is provided that s. 37 shall have effect as if in subsection (1)(a) after the words “British Dependent Territories citizen,” there were inserted the words “a British National (Overseas),”
X1
The text of s. 39(1)-(7) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
F209
S. 39(3)(5) repealed by Immigration Act 1988 (c. 14, SIF 62), s. 3(3)
M9
1971 c. 77.
M10
1959 c. 72.
M11
1960 c. 61.
M12
1971 c. 77.
F210
Words substituted by Immigration Act 1988 (c. 14, SIF 62), s. 3(3)
C49
Ss. 40–42, 44–48, 50 extended by British Nationality (Hong Kong) Act 1990 (c. 34, SIF 87), s. 2(3)
C50
S. 40 extended by S.I. 1986/948, art.7(11)
C51
S. 40 modified (19.3.1997) by 1997 c. 20, s. 2(3)
C52
S. 40 amended (18.7.1996) by 1996 c. 41, s. 2(2)
C53
Ss. 41, 42, 44–48 extended by British Nationality (Falkland Islands) Act 1983 (c. 6, SIF 87), s. 4(2)(a)–(f)
C54
Ss. 40–42, 44–48, 50 extended by British Nationality (Hong Kong) Act 1990 (c. 34, SIF 87), s. 2(3)
C55
S. 41 amended by S.I. 1986/948, art. 7(4)(a)
C56
S. 41 modified (19.3.1997) by 1997 c. 20, s. 2(3)
C57
S. 41 amended (18.7.1996) by 1996 c. 41, s. 2(2)
F211
By S.I. 1986/948, art. 7(4)(b) it is provided that s. 41 shall have effect as if in subsection (1)(f) after the word “citizenship” there were inserted the words “or of the status of a British National (Overseas)”
M13
1953 c. 20.
M14
1953 c. 37.
M15
1965 c. 49.
C58
Ss. 40-42, 44-48, 50 extended by British Nationality (Hong Kong) Act 1991 (c.34, SIF 87), s.2(3)
C59
Ss. 41, 42, 44-48 extended by British Nationality (Falkland Islands) Act 1983 (c.6, SIF 87), s. 4(2)(a)-(f)
C60
S. 42 modified (19.3.1997) by 1997 c. 20, s. 2(3)
C61
S. 42 amended (18.7.1996) by 1996 c. 41, s. 2(2)
C62
S. 43 amended by S.I. 1986/948, art. 7(6)(a)
F212
By S.I. 1986/948, art. 7(6)(b) it is provided that s. 43 shall have effect as if in subsection (1)(b) at the end there were inserted the words “and in cases concerning British Nationals (Overseas) or the status of a British National (Overseas)”
F213
By S.I. 1986/948, art. 7(6)(c) it is provided that s. 43 shall have effect as if in sub-section (2) at the end there were inserted paragraph (c)
C63
Ss. 40–42, 44–48, 50 extended by British Nationality (Hong Kong) Act 1990 (c. 34, SIF 87), s. 2(3)
C64
Ss. 41, 42, 44–48 extended by British Nationality (Falkland Islands) Act 1983 (c. 6, SIF 87), s. 4(2)(a)–(f)
C65
S. 44(1)(2) amended (18.7.1996) by 1996 c. 41, s. 2(2)
C66
S. 45 amended by S.I. 1986/948, art. 7(7)(a)
S. 45 amended (18.7.1996) by 1996 c. 41, s. 2(2)
C67
Ss. 40–42, 44–48, 50 extended by British Nationality (Hong Kong) Act 1990 (c. 34, SIF 87), s. 2(3)
C68
Ss. 41, 42, 44–48 extended by British Nationality (Falkland Islands) Act 1983 (c. 6, SIF 87), s. 4(2)(a)–(f)
C69
S. 45 modified (19.3.1997) by 1997 c. 20, s. 2(3)
C70
Ss. 41, 42, 44–48 extended by British Nationality (Falkland Islands) Act 1983 (c. 6, SIF 87), s. 4(2)(a)–(f)
C71
Ss. 40–42, 44–48, 50 extended by British Nationality (Hong Kong) Act 1990 (c. 34, SIF 87), s. 2(3)
C72
S. 46 modified (19.3.1997) by 1997 c. 20, s. 2(3)
C73
S. 46(1) amended by S.I. 1986/948, art. 7(7)(b)
F214
Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46, (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G and (N.I.) S.I. 1984/703 (N.I. 3), art. 5
C74
Ss. 41, 42, 44–48 extended by British Nationality (Falkland Islands) Act 1983 (c. 6, SIF 87), s. 4(2)(a)–(f)
C75
Ss. 40–42, 44–48, 50 extended by British Nationality (Hong Kong) Act 1990 (c. 34, SIF 87), s. 2(3)
C76
Ss. 47, 48 amended by S.I. 1986/948, art. 7(7)(c)
C77
S. 47 modified (19.3.1997) by 1997 c. 20, s. 2(3)
C78
Ss. 40-42, 44-48, 50 extended by British Nationality (Hong Kong) Act 1990 (c.34, SIF 87), s. 2(3)
C79
Ss. 41, 42, 44-48 extended by British Nationality (Falkland Islands) Act 1983 (c. 6, SIF 87), s.4(2)(a)-(f)
C80
Ss. 47, 48 amended by S.I. 1986/948, art. 7(7)(c)
C81
S. 48 modified (19.3.1997) by 1997 c. 20, s. 2(3)
F215
S. 49 repealed by British Nationality Act 1981 (c. 61, SIF 87), s. 52(7)(8), Sch. 8 para. 8, Sch. 9
C82
S. 50 extended by British Nationality (Falkland Islands) Act 1983 (c.6, SIF 87), s. 4(2)(g)
C83
S. 50 applied by S.I. 1986/948, art. 1(4)
C84
S. 50 applied (21.7.1993) by S.I. 1993/1795, art. 1(4).
C85
S. 50 modified (19.3.1997) by 1997 c. 20, s. 2(3)
C86
S. 50 amended (18.7.1996) by 1996 c. 41, s. 2(2)
F216
By S.I. 1986/948, art. 7(8) it is provided that s. 50 shall have effect as if in para. (1) after the definition of “association” there were inserted the definitions of “British National (Overseas)” and “British Overseas citizen”
M16
1978 c. 15.
F217
S. 50: words in definition of “Crown service under the government of the United Kingdom” inserted (6.5.1999) by S.I. 1999/1042, art. 3, Sch. 1 Pt. I para. 10
M17
1870 c. 14.
M18
1971 c. 77.
M19
1978 c. 30.
M20
1971 c. 77.
M21
1964 c. 81.
M22
1914 c. 17.
M23
1970 c. 14.
M24
1967 c. 4.
C87
S. 51(3) modified (19.3.1997) by 1997 c. 20, s. 2(3)
C88
S. 51(3) amended (18.7.1996) by 1996 c. 41, s. 2(2)
F218
Words substituted by British Nationality (Falkland Islands) Act 1983 (c. 6, SIF 87), s. 4(3)
F219
By S.I. 1986/948, art. 7(9)(a) it is provided that s. 51 shall have effect as if in subsection (3) at the end of para. (a)(ii) there were inserted the words “or who under the Hong Kong (British Nationality) Order 1986 is a British National (Overseas)”
F220
By S.I. 1986/948, art. 7(9)(b) it is provided that s. 51 shall have effect as if in subsection (3) in para. (b) after the words “British Dependent Territories citizen” there were inserted the words “nor a British National (Overseas)”
M25
1965 c. 34.
M26
1971 c. 77.
X2
The text of s. 52(6)(8) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
M27
1978 c. 30.
P1
Power of appointment under s. 53(2) fully exercised: 1.1.1983 appointed by S.I. 1982/933
M28
1971 c. 77.
F221
S. 53(6) repealed (8.11.1995) by 1995 c. 44, s. 1, Sch. 1 Pt.II
F222
Words in s. 53(7) repealed (8.11.1995) by 1995 c. 44, s. 1, Sch. 1 Pt.II
M29
1971 c. 77.
F223
Words substituted by Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 4 para. 60(a)
M30
1975 c. 21.
F224
Words substituted by S.I. 1986/596, art. 8
F225
Words substituted by Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 4 para. 60(b)
C89
Sch. 2 excluded by S.I. 1983/882, art. 2(3)
M31
1964 c. 54.
M32
1964 c. 54.
F226
"Brunei" inserted by S.I. 1983/1699, arts. 1(2), 3
F227
Words in Sch. 3 inserted (25.1.1999) by S.I. 1998/3161, art. 2
F228
By S.I. 1989/1331, art. 2, it is provided that the Act shall have effect as if in Sch. 3 under the word “Nigeria” there were inserted the word “Pakistan”
F229
"Saint Christopher and Nevis" inserted by S.I. 1983/882, art. 2(a)
F230
Words in Sch. 3 inserted (26.7.1994) by S.I. 1994/1634, art. 2
F231
"Namibia" inserted by S.I. 1990/1502, art. 2
X3
The text of Sch. 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
M33
1971 c. 77.
F232
Words in Sch. 6 repealed (4.12.2001) by S.I. 2001/3497, art. 2(a)
F233
By S.I. 1986/948, art. 5, it is provided that on and after 1.7.1997 the British Nationality Act 1981 shall have effect as if in Sch. 6 to that Act the words “Hong Kong” were omitted.
F234
Words in Sch. 6 repealed by S.I. 1983/882, art. 2(b)
F235
Words in Sch. 6 inserted (4.12.2001) by S.I. 2001/3497, art. 2(b)
M34
1960 c. 52.
X4
The text of Sch. 7 is in the form in which it was originally enacted: it was not wholly reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
F236
Sch. 7: entry relating to the Defamation Act 1952 repealed (in force on 4.9.1996 so far as consequential on ss. 1, 5, 6, 12, 13, 16 of the repealing Act and 1.4.1999 so far as consequential on ss. 14, 15, 17, Sch. 1 of the repealing Act and wholly in force for S. on 31.3.2001 and wholly in force for N.I. on 6.1.2010) by 1996 c. 31, ss. 19, 31, Sch. 2 (with s. 20(2)); S.I. 1999/817, art. 2; S.S.I. 2001/98, art. 3(b)(i) (with art. 4); S.I. 2009/2858, art. 3
F237
Sch. 7: entry relating to the Defamation Act (Northern Ireland) 1955 repealed (in force on 4.9.1996 so far as consequential on ss. 1, 5, 6, 12, 13, 16 of the repealing Act and 1.4.1999 so far as consequential on ss. 14, 15, 17, Sch. 1 of the repealing Act and wholly in force for S. on 31.3.2001 and wholly in force for N.I. on 6.1.2010) by 1996 c. 31, ss. 16, 19(2), Sch. 2 (with s. 20(2)); S.I. 1999/817, art. 2; S.S.I. 2001/98, art. 3(b)(i) (with art. 4); S.I. 2009/2858, art. 3
M35
1948 c. 56.
F238
Sch. 7: entry repealed (1.11.1995) by 1994 c. 15, s. 33, Sch. ; S.I. 1995/2748, art. 2
F239
Entry repealed by Extradition Act 1989 (c. 33, SIF 48), s. 37, Sch. 2
F240
Entry repealed by Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1), ss. 843, 844, Sch. 31
F241
Entry repealed by Aviation Security Act 1982 (c. 36, SIF 9), s. 40, Sch. 3
F242
Entry repealed by Civil Aviation Act 1982 (c. 16, SIF 9), s. 109, Sch. 16
F243
Entry repealed by Aviation Security Act 1982 (c. 36, SIF 9), s. 40, Sch. 3
M36
1948 c. 56.
M37
1960 c. 52.
M38
1971 c. 77.
M39
1971 c. 77.
X5
The text of Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
F244
S. 41A(1A) inserted (25.7.2019) by The British Nationality Act 1981 (Remedial) Order 2019 (S.I. 2019/1164), arts. 1(1), 2(3)
F245
Word in Sch. 3 inserted (2.6.2021) by The British Nationality (Maldives) Order 2021 (S.I. 2021/523), arts. 1, 2
F246
S. 50A(4)(d)(e) omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 78(2)(a)(ii)
F247
Words in s. 1(3) inserted (1.7.2021) by The British Nationality Act 1981 (Immigration Rules Appendix EU) (Amendment) Regulations 2021 (S.I. 2021/743), regs. 1(1), 2(2)
C90
S. 5 restricted (20.7.2023) by Illegal Migration Act 2023 (c. 37), ss. 32(1)(c), 68(3)(a) (with s. 55(9))
F248
Word in s. 41A(2) inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 5(2), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 4 (with Sch. 2 para. 1)
F249
S. 25(1)(ca) inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 1(3), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 1
F250
Word in Sch. 3 omitted (15.12.2023) by virtue of The British Nationality (Eswatini, Gabon and Togo) Order 2023 (S.I. 2023/1219), arts. 1(1), 2(a)
C91
S. 3(2)(5) restricted (20.7.2023) by Illegal Migration Act 2023 (c. 37), ss. 32(1)(a), 68(3)(a) (with s. 55(9))
F251
Word in Sch. 1 para. 8(a) substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), s. 87(1), Sch. 1 para. 3(5)(b); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 8 (with Sch. 2 para. 3)
F252
S. 5 substituted (31.12.2020) by The Immigration, Nationality and Asylum (EU Exit) Regulations 2019 (S.I. 2019/745), regs. 1(2), 7 (with Sch. 2 para. 2); 2020 c. 1, Sch. 5 para. 1(1)
C92
S. 18 restricted (20.7.2023) by Illegal Migration Act 2023 (c. 37), ss. 33(2)(b), 68(3)(a) (with s. 55(9))
F253
Words in s. 17(2) substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 5(1)(a), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 4 (with Sch. 2 para. 1)
C93
S. 50A(4)(e) applied (with modifications) (31.12.2020) by The Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 (S.I. 2020/1209), regs. 1(1), 3(4), 4(5), 12(1)(e)
C94
S. 27(1) restricted (20.7.2023) by Illegal Migration Act 2023 (c. 37), ss. 34, 68(3)(a) (with s. 55(9))
F254
Word in Sch. 2 para. 6 inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 11(5), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 9
F255
Sch. 1 para. 2(1A)-(1C) inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), s. 87(1), Sch. 1 para. 3(2)(c); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 8 (with Sch. 2 para. 3)
C95
S. 13(1) restricted (20.7.2023) by Illegal Migration Act 2023 (c. 37), ss. 33(1)(c), 68(3)(a) (with s. 55(9))
C96
S. 1 modified (21.12.2018) by The Human Fertilisation and Embryology (Parental Orders) Regulations 2018 (S.I. 2018/1412), reg. 1(2), Sch. 4 para. 10
F256
Words in s. 40A(3) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 25(a); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F257
S. 41(1)(bza) inserted (28.7.2014) by Immigration Act 2014 (c. 22), ss. 10(2), 75(3); S.I. 2014/1820, art. 3(i)
C97
S. 3(1) restricted (20.7.2023) by Illegal Migration Act 2023 (c. 37), ss. 32(2)(a)(i), 68(3)(a) (with s. 55(9))
F258
Ss. 17B-17G inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 2(2), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 2
C98
S. 4A restricted (20.7.2023) by Illegal Migration Act 2023 (c. 37), ss. 32(2)(a)(ii), 68(3)(a) (with s. 55(9))
F259
S. 10A inserted (1.7.2021) by The British Nationality Act 1981 (Immigration Rules Appendix EU) (Amendment) Regulations 2021 (S.I. 2021/743), regs. 1(1), 2(3)
F260
S. 40A(3)(b) omitted (15.2.2010) by virtue of The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), art. 1, Sch. 1 para. 7(b) (with Sch. 4 para. 113)
F261
S. 40B inserted (28.7.2014) by Immigration Act 2014 (c. 22), ss. 66(3), 75(3); S.I. 2014/1820, art. 3(t) as amended by SI 2014/2771 art 14
C99
S. 22(1) restricted (20.7.2023) by Illegal Migration Act 2023 (c. 37), ss. 33(1)(b), 68(3)(a) (with s. 55(9))
F262
S. 4L inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 8(2), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 7
F263
S. 40(4A) inserted (28.7.2014) by Immigration Act 2014 (c. 22), ss. 66(1), 75(3); S.I. 2014/1820, art. 3(t) as amended by SI 2014/2771 art 14
F264
Sch. 1 para. 6 renumbered as Sch. 1 para. 6(1) (28.6.2022) by Nationality and Borders Act 2022 (c. 36), s. 87(1), Sch. 1 para. 3(4)(a); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 8 (with Sch. 2 para. 3)
F265
S. 50A(4)(ba) inserted (31.12.2020) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 78(2)(a)(i)
F266
S. 41(1)(i) omitted (1.4.2014) by virtue of The Legislative Reform (Overseas Registration of Births and Deaths) Order 2014 (S.I. 2014/542), arts. 1, 2(a)(iii)
C100
S. 17(1) restricted (20.7.2023) by Illegal Migration Act 2023 (c. 37), ss. 33(2)(a)(i), 68(3)(a) (with s. 55(9))
F267
Words in Sch. 1 para. 8(a) substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), s. 87(1), Sch. 1 para. 3(5)(a); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 8 (with Sch. 2 para. 3)
F268
Sch. 1 para. 2(2) omitted (28.6.2022) by virtue of Nationality and Borders Act 2022 (c. 36), s. 87(1), Sch. 1 para. 3(2)(d); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 8 (with Sch. 2 para. 3)
F269
S. 17(4) omitted (28.6.2022) by virtue of Nationality and Borders Act 2022 (c. 36), ss. 5(1)(b), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 4 (with Sch. 2 para. 1)
F270
S. 4F(1)(b)(iiia) inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 7(3), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 6
C101
S. 1(5)(a) modified (6.4.2010) by The Human Fertilisation and Embryology (Parental Orders) Regulations 2010 (S.I. 2010/985), regs. 1(1), 5, Sch. 4
F271
Words in s. 41A(1A) substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 7(4), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 6
C102
S. 13(3) restricted (20.7.2023) by Illegal Migration Act 2023 (c. 37), ss. 32(2)(a)(iv), 68(3)(a) (with s. 55(9))
C103
S. 1(5A)(a) modified (6.4.2010) by The Human Fertilisation and Embryology (Parental Orders) Regulations 2010 (S.I. 2010/985), regs. 1(1), 5, Sch. 4
F272
Words in s. 1(4) inserted (1.7.2021) by The British Nationality Act 1981 (Immigration Rules Appendix EU) (Amendment) Regulations 2021 (S.I. 2021/743), regs. 1(1), 2(2)
F273
S. 17I inserted (28.6.2022) by virtue of Nationality and Borders Act 2022 (c. 36), ss. 8(3), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 7
F274
Words in s. 41(1)(g) omitted (1.4.2014) by virtue of The Legislative Reform (Overseas Registration of Births and Deaths) Order 2014 (S.I. 2014/542), arts. 1, 2(a)(i)
F275
S. 4E(a) omitted (28.6.2022) by virtue of Nationality and Borders Act 2022 (c. 36), ss. 7(2)(a), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 6
F276
S. 41A(2A) inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 2(4), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 2
F277
Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 6 (with arts. 3(2)(3)6(4)(5))
F278
S. 25(1)(cb) inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 2(3), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 2
F279
Words in s. 50(9A)(a) inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 22
F280
S. 14(1)(db) inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 4(3), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 3
F281
S. 41(8) inserted (27.10.2014 for specified purposes) by Borders, Citizenship and Immigration Act 2009 (c. 11), ss. 41(5), 58(2); S.I. 2014/2634, art. 2(a)
F282
Words in Sch. 3 inserted (15.12.2023) by The British Nationality (Eswatini, Gabon and Togo) Order 2023 (S.I. 2023/1219), arts. 1(1), 2(b)
F283
S. 4I(1A) inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 6(3), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 5 (with Sch. 2 para. 2)
F284
S. 14(1)(da) inserted (6.4.2015) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 70(2); S.I. 2015/874, art. 2(c)
F285
Word in Sch. 3 inserted (10.3.2010) by British Nationality (Rwanda) Order 2010 (S.I. 2010/246), arts. 1, 2
F286
Words in Sch. 2 para. 3 cross-heading inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 11(2), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 9
F287
Ss. 4E-4J inserted (6.4.2015) by Immigration Act 2014 (c. 22), ss. 65, 75(3); S.I. 2015/371, art. 4(b)
C104
S. 32 restricted (20.7.2023) by Illegal Migration Act 2023 (c. 37), ss. 35, 68(3)(a) (with s. 55(9))
F288
Words in Sch. 1 para. 6(1)(a) substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), s. 87(1), Sch. 1 para. 3(4)(c); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 8 (with Sch. 2 para. 3)
C105
S. 13(3) restricted (20.7.2023) by Illegal Migration Act 2023 (c. 37), ss. 33(2)(a)(iii), 68(3)(a) (with s. 55(9))
F289
S. 4(4)(za) inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), s. 87(1), Sch. 1 para. 2(2)(a); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 8 (with Sch. 2 para. 3)
F290
Words in s. 1(3A) inserted (1.7.2021) by The British Nationality Act 1981 (Immigration Rules Appendix EU) (Amendment) Regulations 2021 (S.I. 2021/743), regs. 1(1), 2(2)
F291
S. 40A(1) substituted (10.5.2023) by Nationality and Borders Act 2022 (c. 36), ss. 10(3)(a), 87(1) (with s. 10(6)-(8)); S.I. 2023/450, reg. 2(a)
F292
Sch. 2 para. 3A and cross-heading inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 11(4), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 9
F293
Sch. 1 para. 6(1)(za) inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), s. 87(1), Sch. 1 para. 3(4)(b); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 8 (with Sch. 2 para. 3)
F294
Sch. 1 para. 2(3) omitted (28.6.2022) by virtue of Nationality and Borders Act 2022 (c. 36), s. 87(1), Sch. 1 para. 3(2)(d); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 8 (with Sch. 2 para. 3)
F295
S. 40A(2A) inserted (10.5.2023) by Nationality and Borders Act 2022 (c. 36), ss. 10(3)(b), 87(1) (with s. 10(6)-(8)); S.I. 2023/450, reg. 2(a)
F296
Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 4 (with arts. 3(2)(3),4(2))
C106
S. 10(1) restricted (20.7.2023) by Illegal Migration Act 2023 (c. 37), ss. 32(1)(d), 68(3)(a) (with s. 55(9))
F297
S. 4(4A)-(4C) inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), s. 87(1), Sch. 1 para. 2(3); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 8 (with Sch. 2 para. 3)
F298
Words in Sch. 2 para. 3(1)(b) inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 11(3), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 9
F299
Words in s. 41(1)(h) omitted (1.4.2014) by virtue of The Legislative Reform (Overseas Registration of Births and Deaths) Order 2014 (S.I. 2014/542), arts. 1, 2(a)(ii)
F300
Word in Sch. 1 para. 4(a) substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), s. 87(1), Sch. 1 para. 3(3)(b); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 8 (with Sch. 2 para. 3)
F301
S. 41A(2B)(2C) inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 4(4), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 3
F302
S. 40(5A)-(5E) inserted (10.5.2023) by Nationality and Borders Act 2022 (c. 36), ss. 10(2), 87(1) (with s. 10(6)-(8)); S.I. 2023/450, reg. 2(a)
F303
S. 17H inserted (23.11.2022) by Nationality and Borders Act 2022 (c. 36), ss. 3, 87(1); S.I. 2022/1056, reg. 2(a)
F304
S. 40A(3)(a) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 25(b); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F305
Words in s. 41(4)(a) substituted (1.4.2014) by The Legislative Reform (Overseas Registration of Births and Deaths) Order 2014 (S.I. 2014/542), arts. 1, 2(b)
F306
S. 41(1ZA)-(1ZD) inserted (28.7.2014) by Immigration Act 2014 (c. 22), ss. 10(3), 75(3); S.I. 2014/1820, art. 3(i)
C107
S. 4(2) restricted (20.7.2023) by Illegal Migration Act 2023 (c. 37), ss. 32(1)(b), 68(3)(a) (with s. 55(9))
C108
S. 6 restricted (20.7.2023) by Illegal Migration Act 2023 (c. 37), ss. 32(2)(b), 68(3)(a) (with s. 55(9))
F307
Words in s. 4E(c) inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 7(2)(b), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 6
F308
Words in s. 41A(1) omitted (25.7.2019) by virtue of The British Nationality Act 1981 (Remedial) Order 2019 (S.I. 2019/1164), arts. 1(1), 2(2)
C109
S. 13(1) restricted (20.7.2023) by Illegal Migration Act 2023 (c. 37), ss. 32(1)(e), 68(3)(a) (with s. 55(9))
F309
Words in Sch. 1 para. 2(1)(a) substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), s. 87(1), Sch. 1 para. 3(2)(b); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 8 (with Sch. 2 para. 3)
F310
Words in Sch. 1 para. 4(a) substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), s. 87(1), Sch. 1 para. 3(3)(a); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 8 (with Sch. 2 para. 3)
F311
Words in s. 4(4)(a) substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), s. 87(1), Sch. 1 para. 2(2)(b); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 8 (with Sch. 2 para. 3)
C110
S. 17(2)(5) restricted (20.7.2023) by Illegal Migration Act 2023 (c. 37), ss. 33(1)(a), 68(3)(a) (with s. 55(9))
F312
S. 4K inserted (28.6.2022 for specified purposes, 23.11.2022 in so far as not already in force) by Nationality and Borders Act 2022 (c. 36), ss. 4(2), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 3; S.I. 2022/1056, reg. 2(b)
F313
S. 50A(5) omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 78(2)(b)
F314
Sch. 1 para. 2(1)(za) inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), s. 87(1), Sch. 1 para. 3(2)(a); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 8 (with Sch. 2 para. 3)
F315
S. 4E(ca) inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 7(2)(c), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 6
C111
S. 22(2) restricted (20.7.2023) by Illegal Migration Act 2023 (c. 37), ss. 33(2)(a)(ii), 68(3)(a) (with s. 55(9))
F316
S. 4C(3D) substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 6(2), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 5 (with Sch. 2 para. 2)
C112
S. 10(2) restricted (20.7.2023) by Illegal Migration Act 2023 (c. 37), ss. 32(2)(a)(iii), 68(3)(a) (with s. 55(9))
F317
S. 17A inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 1(2), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 1
F318
Sch. 4A inserted (10.5.2023) by Nationality and Borders Act 2022 (c. 36), s. 87(1), Sch. 2; S.I. 2023/450, reg. 2(b)
F319
Words in Sch. 3 inserted (22.6.2018) by The British Nationality (The Gambia) Order 2018 (S.I. 2018/620), arts. 1, 2
F320
Sch. 1 para. 2 renumbered as Sch. 1 para. 2(1) (13.5.2014) by virtue of Citizenship (Armed Forces) Act 2014 (c. 8), ss. 1(2), 2(2)
F321
S. 50B inserted (retrospectively) by British Nationality (Regularisation of Past Practice) Act 2023 (c. 27), s. 1
F322
By Immigration Act 2014 (c. 22), ss. 10(4), 75(2); S.I. 2014/1820, art. 3(i), it is provided that in s. 41(8)(b) the words "(1)(bza), (bc)" be substituted for "(1)(bc)" (28.7.2014) despite s. 41(8) not being inserted until 27.10.2014 and the words "(bc), (bd) or (be)" in s. 41(8)(b) being excluded from the commencement of that insertion
F323
S. 4C title substituted (13.1.2010) by virtue of Borders, Citizenship and Immigration Act 2009 (c. 11), ss. 45(1), 58; S.I. 2009/2731, art. 4(d)
F324
Word in s. 41A(1) inserted (22.7.2025) by British Nationality (Irish Citizens) Act 2024 (c. 19), ss. 1(3), 2(3); S.I. 2025/787, reg. 2
F325
S. 50A(1)(aa) inserted (22.7.2025) by British Nationality (Irish Citizens) Act 2024 (c. 19), ss. 1(4)(a), 2(3); S.I. 2025/787, reg. 2
F326
Words in s. 50A(2)(b) substituted (22.7.2025) by British Nationality (Irish Citizens) Act 2024 (c. 19), ss. 1(4)(b), 2(3); S.I. 2025/787, reg. 2
F327
S. 4AA inserted (22.7.2025) by British Nationality (Irish Citizens) Act 2024 (c. 19), ss. 1(2), 2(3); S.I. 2025/787, reg. 2
F328
S. 40A(2B)-(2D) inserted (27.10.2025) by Deprivation of Citizenship Orders (Effect during Appeal) Act 2025 (c. 25), ss. 1(1), 2(3) (with s. 1(2))
F329
S. 3(7) omitted (2.12.2025) by virtue of Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 42(2)(a), 65(3)(a)
F330
S. 4(7) omitted (2.12.2025) by virtue of Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 42(2)(b), 65(3)(a)
F331
S. 4A(3) omitted (2.12.2025) by virtue of Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 42(2)(c), 65(3)(a)
F332
S. 4AA(4) omitted (2.12.2025) by virtue of Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 42(2)(d), 65(3)(a)
F333
Words in s. 5 omitted (2.12.2025) by virtue of Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 42(2)(e), 65(3)(a)
F334
S. 6(3) omitted (2.12.2025) by virtue of Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 42(2)(f), 65(3)(a)
F335
S. 10(5) omitted (2.12.2025) by virtue of Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 42(2)(g), 65(3)(a)
F336
S. 13(4) omitted (2.12.2025) by virtue of Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 42(2)(h), 65(3)(a)
F337
S. 17(7) omitted (2.12.2025) by virtue of Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 42(2)(i), 65(3)(a)
F338
S. 18(4) omitted (2.12.2025) by virtue of Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 42(2)(j), 65(3)(a)
F339
S. 22(5) omitted (2.12.2025) by virtue of Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 42(2)(k), 65(3)(a)
F340
Words in s. 24 omitted (2.12.2025) by virtue of Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 42(2)(l), 65(3)(a)
F341
Words in s. 27 omitted (2.12.2025) by virtue of Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 42(2)(m), 65(3)(a)
F342
Words in s. 32 omitted (2.12.2025) by virtue of Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 42(2)(n), 65(3)(a)

British Nationality Act 1981

Part I British Citizenship¶

Acquisition after commencement¶

C961 Acquisition by birth or adoption.¶

2 Acquisition by descent.¶

3 Acquisition by registration: minors.¶

4 Acquisition by registration: British overseas territories citizensetc.¶

C15C984A Acquisition by registration: further provision for British overseas territories citizens¶

4AA Acquisition by registration: Irish citizens¶

4B Acquisition by registration: certain persons without other citizenship¶

C164C Acquisition by registration: certain persons born before 1983¶

4D Acquisition by registration: children of members of the armed forces¶

4E The general conditions¶

4F Person unable to be registered under other provisions of this Act¶

4G Person unable to become citizen automatically after commencement¶

4H Citizen of UK and colonies unable to become citizen at commencement¶

4I Other person unable to become citizen at commencement¶

4J Sections 4E to 4I: supplementary provision¶

4K Acquisition by registration: certain British overseas territories citizens¶

4L Acquisition by registration: special circumstances¶

C17C905 Acquisition by registration: British overseas territories citizens having connection with Gibraltar¶

C1086 Acquisition by naturalisation.¶

Acquisition after commencement: special cases¶

7 Right to registration by virtue of residence in U.K. or relevant employment.¶

8 Registration by virtue of marriage.¶

9 Right to registration by virtue of father’s citizenship etc.¶

10 Registration following renunciation of citizenship of U.K. and Colonies.¶

10A Acquisition in connection with immigration rules Appendix EU¶

Acquisition at commencement¶

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

C41 Renunciation and resumption ¶

C4212 Renunciation.¶

13 Resumption.¶

Supplementary¶

14 Meaning of British citizen (by descent).¶

C43Part II British overseas territories citizenship¶

Acquisition after commencement¶

15 Acquisition by birth or adoption.¶

16 Acquisition by descent.¶

17 Acquisition by registration: minors.¶

17A Registration: remedying inability of mothers to transmit citizenship¶

17B Registration: unmarried fathers; the general conditions¶

17C Person unable to be registered under other provisions of this Act¶

17D Person unable to become citizen automatically after commencement¶

17E Citizen of UK and Colonies unable to become citizen at commencement¶

17F Other person unable to become citizen at commencement¶

17G Sections 17B to 17F: supplementary provision¶

17H Acquisition by registration: descendants of those born in British Indian Ocean Territory¶

17I Acquisition by registration: special circumstances¶

C9218 Acquisition by naturalisation.¶

Acquisition after commencement: special cases¶

19 Right to registration by virtue of residence in British overseas territory.¶

20 Registration by virtue of marriage.¶

21 Right to registration by virtue of father’s citizenship etc.¶

22 Right to registration replacing right to resume citizenship of U.K. and Colonies.¶

Acquisition at commencement¶

23 Citizens of U.K. and Colonies who are to become British overseas territories citizens at commencement.¶

Renunciation and resumption¶

C2024 Renunciation and resumption.¶

Supplementary¶

25 Meaning of British overseas territories citizen“by descent”.¶

Part III British Overseas Citizenship¶

26 Citizens of U.K. and Colonies who are to become British Overseas citizens at commencement.¶

27 Registration of minors.¶

28 Registration by virtue of marriage.¶

29 Renunciation.¶

Part IV British Subjects¶

30 Continuance as British subjects of existing British subjects of certain descriptions.¶

31 Continuance as British subjects of certain former citizens of Eire.¶

C22C10432 Registration of minors.¶

33 Registration of certain alien women entitled to registration as British subjects immediately before commencement.¶

34 Renunciation.¶

35 Circumstances in which British subjects are to lose that status.¶

C44 Part V Miscellaneous and Supplementary¶

C4536 Provisions for reducing statelessness.¶

C46C4737 Commonwealth citizenship.¶

38 British protected persons.¶

X139 Amendment of Immigration Act 1971.¶

C50 C49 C52 C51 40 Deprivation of citizenship.¶

40A Deprivation of citizenship: appeal¶

^C961 Acquisition by birth or adoption.¶

^C15^C984A Acquisition by registration: further provision for British overseas territories citizens¶

^C164C Acquisition by registration: certain persons born before 1983¶

^C17^C905 Acquisition by registration: British overseas territories citizens having connection with Gibraltar¶

^C1086 Acquisition by naturalisation.¶

^C41 Renunciation and resumption ¶

^C4212 Renunciation.¶

^C43Part II British overseas territories citizenship¶

^C9218 Acquisition by naturalisation.¶

^C2024 Renunciation and resumption.¶

^C22^C10432 Registration of minors.¶

^C44 Part V Miscellaneous and Supplementary¶

^C4536 Provisions for reducing statelessness.¶

^C46^C4737 Commonwealth citizenship.¶

^X139 Amendment of Immigration Act 1971.¶

^C50 ^C49 ^C52 ^C51 40 Deprivation of citizenship.¶

^C53^C55^C54^C57^C5641 Regulations and Orders in Council.¶

^C59^C58^C61^C6042 Registration and naturalisation: citizenship ceremony, oath and pledge¶

^C6243 Exercise of functions of Secretary of State by Governors and others.¶

^C64^C6344 Decisions involving exercise of discretion.¶

^C68^C66^C67^C6945 Evidence.¶

^C70^C71^C7246 Offences and proceedings.¶

^F146^C74^C76^C75^C7747 Legitimated children.¶

^C79^C80^C78^C8148 Posthumous children.¶

^F21549 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^C82^C83^C84^C85^C8650 Interpretation.¶

^C3550A Meaning of references to being in breach of immigration laws¶

^C2SCHEDULE 1 ¶

^C89SCHEDULE 2 ¶

^X3SCHEDULE 4 ¶

^X4SCHEDULE 7 ¶