BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART I BRITISH CITIZENSHIP

Acquisition after commencement

Royal Assent [30 October 1981]

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

2 Acquisition by descent


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

(a) is a British citizen otherwise than by descent; or

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

(c) is a British citizen and is serving outside the United Kingdom [and the qualifying territories] in service under a Community institution, his or her recruitment for that service having taken place in a country which at the time of the recruitment was a member of the Communities.

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

(a) Crown service under the government of the United Kingdom [or of a qualifying territory]; and

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

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

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

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

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

Amendment

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

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

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

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

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

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

5 of 113 DOCUMENTS

BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART I BRITISH CITIZENSHIP

Acquisition after commencement

Royal Assent [30 October 1981]

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

3 Acquisition by registration: minors


(1) If while a person is a minor an application is made for his registration as a British citizen, the Secretary of State may, if he thinks fit, cause him to be registered as such a citizen.

(2) A person born outside the United Kingdom [and the qualifying territories] shall be entitled, on an application for his registration as a British citizen made within the period of twelve months from the date of the birth, to be registered as such a citizen if the requirements specified in subsection (3) or, in the case of a person born stateless, the requirements specified in paragraphs (a) and (b) of that subsection, are fulfilled in the case of either that person's father or his mother ("the parent in question").

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

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

(b) that the father or mother of the parent in question--

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

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

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

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

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

(4) If in the special circumstances of any particular case the Secretary of State thinks fit, he may treat subsection (2) as if the reference to twelve months were a reference to six years.

(5) A person born outside the United Kingdom [and the qualifying
territories] shall be entitled, on an application for his registration as a British citizen made while he is a minor, to be registered as such a citizen if the following requirements are satisfied, namely--

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

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

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

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

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

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

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

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

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

Amendment

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

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

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

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

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

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

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

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

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

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

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

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

6 of 113 DOCUMENTS

BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART I BRITISH CITIZENSHIP

Acquisition after commencement

Royal Assent [30 October 1981]

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

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


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

(2) A person to whom this section applies shall be entitled, on an application for his registration as a British citizen, to be registered as such a citizen if the following requirements are satisfied in the case of that person, namely--

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

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

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

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

(3) So much of subsection (2)(a) as requires the person in question to have been in the United Kingdom at the beginning of the period there mentioned shallnot apply in relation to a person who was settled in the United Kingdom immediately before commencement.

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

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

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

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

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

(6) Subsection (5) applies to--

(a) Crown service under the government of a [British overseas territory]; and

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

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

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

Amendment

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

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

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

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

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

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

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

See Further

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

7 of 113 DOCUMENTS

BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART I BRITISH CITIZENSHIP

Acquisition after commencement

Royal Assent [30 October 1981]

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

[4A Acquisition by registration: further provision for British overseas territories citizens]


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

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

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

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

NOTES:

Amendment

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

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

8 of 113 DOCUMENTS


BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART I BRITISH CITIZENSHIP

Acquisition after commencement

Royal Assent [30 October 1981]

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

[4B Acquisition by registration: certain persons without other citizenship]


[(1) This section applies to a person who has the status of--

(a) British Overseas citizen,

(b) British subject under this Act, or

(c) British protected person.

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

(a) he applies for registration under this section,

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

(c) the Secretary of State is satisfied that the person has not after 4th July 2002 renounced, voluntarily relinquished or lost through action or inaction any citizenship or nationality.]

NOTES:

Amendment

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

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

9 of 113 DOCUMENTS

BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART I BRITISH CITIZENSHIP

Acquisition after commencement

Royal Assent [30 October 1981]

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

[4C Acquisition by registration: certain persons born between 1961 and 1983]


[(1) A person is entitled to be registered as a British citizen if--

(a) he applies for registration under this section, and

(b) he satisfies each of the following conditions.

(2) The first condition is that the applicant was born after 7th February 1961 and before 1st January 1983.

(3) The second condition is that theapplicant would at some time before 1st January 1983 have become a citizen of the United Kingdom and Colonies by virtue of section 5 of the British Nationality Act 1948 (c 56) if that section had provided for citizenship by descent from a mother in the same terms as it provided for citizenship by descent from a father.

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

NOTES:

Amendment

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

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

10 of 113 DOCUMENTS

BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART I BRITISH CITIZENSHIP

Acquisition after commencement

Royal Assent [30 October 1981]

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

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


A [British overseas territories citizen] who falls to be treated as a national of the United Kingdom for the purposes of the Community Treaties shall be entitled to be registered as a British citizen if an application is made for his registration as such a citizen.

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

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

Amendment

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

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

11 of 113 DOCUMENTS

BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART I BRITISH CITIZENSHIP

Acquisition after commencement

Royal Assent [30 October 1981]

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

6 Acquisition by naturalisation


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

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

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

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

12 of 113 DOCUMENTS

BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART I BRITISH CITIZENSHIP

Acquisition after commencement: special cases

Royal Assent [30 October 1981]

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

7 . . .


. . .

NOTES:

Amendment

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

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

13 of 113 DOCUMENTS

BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART I BRITISH CITIZENSHIP

Acquisition after commencement: special cases

Royal Assent [30 October 1981]

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

8 . . .


. . .

NOTES:

Amendment

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

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

14 of 113 DOCUMENTS

BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART I BRITISH CITIZENSHIP

Acquisition after commencement: special cases

Royal Assent [30 October 1981]

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

9 . . .


. . .

NOTES:

Amendment

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

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

15 of 113 DOCUMENTS

BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART I BRITISH CITIZENSHIP

Acquisition after commencement: special cases

Royal Assent [30 October 1981]

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

10 Registration following renunciation of citizenship of UK and Colonies


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

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

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

(b) . . . has been married to a person who has, or would if living have, such a connection.

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

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

(a) was born in the United Kingdom; or

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

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

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

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

Amendment

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

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

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

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

16 of 113 DOCUMENTS

BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART I BRITISH CITIZENSHIP

Acquisition at commencement

Royal Assent [30 October 1981]

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

11 Citizens of UK and Colonies who are to become British citizens at commencement


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

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

(b) had the right of abode in the United Kingdom under the Immigration Act 1971 as then in force,
shall at commencement become a British citizen.

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

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

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

(3) A person who--

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

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

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

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

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

17 of 113 DOCUMENTS

BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART I BRITISH CITIZENSHIP

Renunciation and resumption

Royal Assent [30 October 1981]

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

12 Renunciation


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

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

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

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

(5) For the purposes of this section any person who has been married shall be deemed to be of full age.

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

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

See Further

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

18 of 113 DOCUMENTS

BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART I BRITISH CITIZENSHIP

Renunciation and resumption

Royal Assent [30 October 1981]

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

13 Resumption


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

(a) he is of full capacity; and

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

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

(3) If a person of full capacity who has ceased to be a British citizen as a result of a declaration of renunciation (for whatever reason made) makes an application for his registration as such a citizen, the Secretary of State may, if he thinks fit, cause him to be registered as such a citizen.

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

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

19 of 113 DOCUMENTS

BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART I BRITISH CITIZENSHIP

Supplementary

Royal Assent [30 October 1981]

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

14 Meaning of British citizen "by descent"


(1) For the purposes of this Act a British citizen is a British citizen "by descent" if and only if--

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

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

Amendment

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

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

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

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

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

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

20 of 113 DOCUMENTS

BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART II [BRITISH OVERSEAS TERRITORIES CITIZENSHIP]

Acquisition after commencement

Royal Assent [30 October 1981]

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

15 Acquisition by birth or adoption


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

(a) a [British overseas territories citizen]; or

(b) settled in a [British overseas territory].

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

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

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

(3) Aperson born in a [British overseas territory] after commencement who is not a [British overseas territories citizen] by virtue of subsection (1) or
(2)
shall be entitled to be registered as such a citizen if, while he is a minor--

(a) his father or mother becomes such a citizen or becomes settled in a [British overseas territory]; and

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

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

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

[(5A) Where--

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

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

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

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

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

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

NOTES:

Amendment

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

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

Initial Commencement

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

Appointment

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

Amendment

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

21 of 113 DOCUMENTS


BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART II [BRITISH OVERSEAS TERRITORIES CITIZENSHIP]

Acquisition after commencement

Royal Assent [30 October 1981]

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

16 Acquisition by descent


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

(a) is such a citizen otherwise than by descent; or

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

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

(a) Crown service under the government of a [British overseas territory]; and

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

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

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

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

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

Amendment

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

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

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

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

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

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

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

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

22 of 113 DOCUMENTS

BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART II [BRITISH OVERSEAS TERRITORIES CITIZENSHIP]

Acquisition after commencement

Royal Assent [30 October 1981]

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

17 Acquisition by registration: minors


(1) If while a person is a minor an application is made for his
registration
as a British Territories citizen the Secretary of State may, if he thinks
fit,
cause him to be registered as such a citizen.

(2) A person born outside the [British overseas territories] shall be
entitled, on an application for his registration as a [British overseas
territories citizen] made within the period of twelve months from the date
of
the birth, to be registered as such a citizen if the requirements specified
in
subsection (3) or, in the case of a person born stateless, the requirements
specified in paragraphs (a) and (b) of that subsection, are fulfilled in
the
case of either that person's father or mother ("the parent in question").

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

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

(b) that the father or mother of the parent in question--

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

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

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

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

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

(4) If in the special circumstances of any particular case the Secretary
of
State thinks fit, he may treat subsection (2) as if the reference to twelve
months were a reference to six years.

(5) A person born outside the [British overseas territories] shall be
entitled, on an application for his registration as a [British overseas
territories citizen] made while he is a minor, to be registered as such a
citizen if the following requirements are satisfied, namely--

(a) that at the time of that person's birth his father or mother was a
[British overseas territories citizen] by descent; and

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

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

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

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

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

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

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

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

Amendment

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

23 of 113 DOCUMENTS

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

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

BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART II [BRITISH OVERSEAS TERRITORIES CITIZENSHIP]

Acquisition after commencement

Royal Assent [30 October 1981]

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

18 Acquisition by naturalisation


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

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

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

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

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

Amendment

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

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

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

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

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

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

24 of 113 DOCUMENTS

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

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

BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART II [BRITISH OVERSEAS TERRITORIES CITIZENSHIP]

Acquisition after commencement: special cases

Royal Assent [30 October 1981]

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

19 . . .


. . .

NOTES:

Amendment

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

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

25 of 113 DOCUMENTS

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

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

BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART II [BRITISH OVERSEAS TERRITORIES CITIZENSHIP]

Acquisition after commencement: special cases

Royal Assent [30 October 1981]

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

20 . . .


. . .

NOTES:

Amendment

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

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

26 of 113 DOCUMENTS

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

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

BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART II [BRITISH OVERSEAS TERRITORIES CITIZENSHIP]

Acquisition after commencement: special cases

Royal Assent [30 October 1981]

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

21 . . .


. . .

NOTES:

Amendment

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

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

27 of 113 DOCUMENTS

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

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

BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART II [BRITISH OVERSEAS TERRITORIES CITIZENSHIP]

Acquisition after commencement: special cases

Royal Assent [30 October 1981]

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

22 Right to registration replacing right to resume citizenship of UK and
colonies


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

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

(a) has an appropriate qualifying connection with a [British overseas
territory]; or

(b) . . . has been married to a person who has, or would if living have,
such
a connection.

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

(4) For the purposes of this section a person shall be taken to have an
appropriate qualifying connection with a [British overseas territory] if
he, his
father or his father's father--

(a) was born in that territory; or

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

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

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

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

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

Amendment

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

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

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

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

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

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

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

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

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

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

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

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

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

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

28 of 113 DOCUMENTS

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

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

BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART II [BRITISH OVERSEAS TERRITORIES CITIZENSHIP]

Acquisition at commencement

Royal Assent [30 October 1981]

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

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


(1) A person shall at commencement become a [British overseas territories
citizen] if--

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

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

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

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

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

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

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

(b) he was so registered otherwise than in a [British overseas
territory];
and

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

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

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

(3) A person who--

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

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

shall at commencement become a [British overseas territories citizen] if
the
relevant person--

(i) was born or naturalised in a [British overseas territory]; or

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

(4) A person who--

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

(b) was so registered otherwise than in a [British overseas territory];
and

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

shall at commencement become a [British overseas territories citizen].

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

(a) was born in a [British overseas territory]; or

(b) is or was a person naturalised in a [British overseas territory]; or

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

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

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

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

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

Amendment

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART II [BRITISH OVERSEAS TERRITORIES CITIZENSHIP]

Renunciation and resumption

Royal Assent [30 October 1981]

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

24 Renunciation and resumption


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

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

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

Amendment

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

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

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

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

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BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART II [BRITISH OVERSEAS TERRITORIES CITIZENSHIP]

Supplementary

Royal Assent [30 October 1981]

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

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


(1) For the purposes of this Act a [British overseas territories citizen]
is
such a citizen "by descent" if and only if--

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

(b) subject to subsection (2), he is a person born outside the [British
overseas territories] before commencement who became a [British overseas
territories citizen] at commencement and immediately before commencement--

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

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

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

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

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

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

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

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

(g) he is a [British overseas territories citizen] by virtue of
registration
under section22 who, having before commencement ceased to be a citizen of
the
United Kingdom and Colonies as a result of a declaration of renunciation,
would,
if he had not so ceased, have at commencement become a [British overseas
territories citizen] by descent by virtue of paragraph (b), (d) or (e);

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

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

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

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

(a) Crown service under the government of a [British overseas territory];
and

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

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

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

Amendment

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

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

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

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

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

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

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

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

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

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

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

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

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BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART III BRITISH OVERSEAS CITIZENSHIP

Royal Assent [30 October 1981]

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

26 Citizens of UK and Colonies who are to become British Overseas citizens
at
commencement


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

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

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

Amendment

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

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

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BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART III BRITISH OVERSEAS CITIZENSHIP

Royal Assent [30 October 1981]

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

27 Registration of minors


(1) If while a person is a minor an application is made for his
registration
as a British Overseas citizen, the Secretary of State may, if he thinks
fit,
cause him to be registered as such a citizen.

(2) . . .

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

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

Amendment

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

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

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BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART III BRITISH OVERSEAS CITIZENSHIP

Royal Assent [30 October 1981]

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

28 . . .


. . .

NOTES:

Amendment

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

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

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BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART III BRITISH OVERSEAS CITIZENSHIP

Royal Assent [30 October 1981]

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

29 Renunciation


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

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

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

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BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART IV BRITISH SUBJECTS

Royal Assent [30 October 1981]

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

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


A person who immediately before commencement was--

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

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

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

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

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

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BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART IV BRITISH SUBJECTS

Royal Assent [30 October 1981]

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

31 Continuance as British subjects of certain former citizens of Eire


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

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

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

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

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

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

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

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

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

Amendment

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

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

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BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART IV BRITISH SUBJECTS

Royal Assent [30 October 1981]

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

32 Registration of minors


If while a person is a minor an application is made for his registration
as a
British subject, the Secretary of State may, if he thinks fit, cause him to
be
registered as a British subject.

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

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

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BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART IV BRITISH SUBJECTS

Royal Assent [30 October 1981]

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

33 . . .


. . .

NOTES:

Amendment

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

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

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BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART IV BRITISH SUBJECTS

Royal Assent [30 October 1981]

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

34 Renunciation


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

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

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

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BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART IV BRITISH SUBJECTS

Royal Assent [30 October 1981]

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

35 Circumstances in which British subjects are to lose that status


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

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

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

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BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART V MISCELLANEOUS AND SUPPLEMENTARY

Royal Assent [30 October 1981]

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

36 Provisions for reducing statelessness


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

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

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

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BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART V MISCELLANEOUS AND SUPPLEMENTARY

Royal Assent [30 October 1981]

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

37 Commonwealth citizenship


(1) Every person who--

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

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

shall have the status of a Commonwealth citizen.

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

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

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

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

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

Amendment

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

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

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

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

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

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

Modification

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

See Further

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

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

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BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART V MISCELLANEOUS AND SUPPLEMENTARY

Royal Assent [30 October 1981]

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

38 British protected persons


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

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

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

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

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

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

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

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BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART V MISCELLANEOUS AND SUPPLEMENTARY

Royal Assent [30 October 1981]

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

39 Amendment of Immigration Act 1971


(1)-(5) . . .

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

(7) . . .

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

NOTES:

Initial Commencement

To be appointed

To be appointed: see s 53(2).

Appointment

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

Amendment

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

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

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

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

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BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART V MISCELLANEOUS AND SUPPLEMENTARY

Royal Assent [30 October 1981]

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

[40 Deprivation of citizenship]


[(1) In this section a reference to a person's "citizenship status" is a
reference to his status as--

(a) a British citizen,

(b) a British overseas territories citizen,

(c) a British Overseas citizen,

(d) a British National (Overseas),

(e) a British protected person, or

(f) a British subject.

(2) The Secretary of State may by order deprive a person of a citizenship
status if the Secretary of State is satisfied that the person has done
anything
seriously prejudicial to the vital interests of--

(a) the United Kingdom, or

(b) a British overseas territory.

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

(a) fraud,

(b) false representation, or

(c) concealment of a material fact.

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

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

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

(b) the reasons for the order, and

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

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

(a) fraud,

(b) false representation, or

(c) concealment of a material fact.]

NOTES:

Amendment

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

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

See Further

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

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

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

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

BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART V MISCELLANEOUS AND SUPPLEMENTARY

Royal Assent [30 October 1981]

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

[40A Deprivation of citizenship: appeal]


[(1) A person who is given notice under section 40(5) of a decision to
make
an order in respect of him under section 40 may appeal against the decision
to
an adjudicator appointed under section 81 of the Nationality, Immigration
and
Asylum Act 2002 (immigration appeal).

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

(a) in the interests of national security,

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

(c) otherwise in the public interest.

(3) A party to an appeal to an adjudicator under subsection (1) may, with
the
permission of the Immigration Appeal Tribunal, appeal to the Tribunal
against
the adjudicator's determination on a point of law.

(4) A party to an appeal to the Immigration Appeal Tribunal under
subsection
(3) may bring a further appeal on a point of law--

(a) where the decision of the adjudicator was made in Scotland, to the
Court
of Session, or

(b) in any other case, to the Court of Appeal.

(5) An appeal under subsection (4) may be brought only with the
permission
of--

(a) the Tribunal, or

(b) if the Tribunal refuses permission, the court referred to in
subsection
(4)(a) or (b).

(6) An order under section 40 may not be made in respect of a person
while an
appeal under this section or section 2B of the Special Immigration Appeals
Commission Act 1997 (c 68)--

(a) has been instituted and has not yet been finally determined,
withdrawn or
abandoned, or

(b) could be brought (ignoring any possibility of an appeal out of time
with
permission).

(7) Rules under section 106 of the Nationality, Immigration and Asylum
Act
2002 (immigration appeal: rules) may make provision about an appeal under
this
section.

(8) Directions under section 107 of that Act (practice directions) may
make
provision about an appeal under this section.]

NOTES:

Amendment

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

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

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BRITISH NATIONALITY ACT 1981

1981 CHAPTER 61

PART V MISCELLANEOUS AND SUPPLEMENTARY

Royal Assent [30 October 1981]

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

41 Regulations and Orders in Council


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

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

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

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

(c) for the registration of anything required or authorised by or under
this
Act to be registered;(d) for the administration and taking of oaths of
allegiance under this Act, as to the time within which oaths of allegiance
must
be taken, and for the registration of oaths of allegiance;

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

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

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

(g) for the births and deaths of persons of any class or description born
or
dying in a country mentioned in Schedule 3 to be registered there by the
High
Commissioner for Her Majesty's government in the United Kingdom or by
members of
his official staff;

(h) for the births and deaths of persons of any class or description born
or
dying in a foreign country to be registered there by consular officers or
other
officers in the service of Her Majesty's government in the United Kingdom;

(i) for enabling the births and deaths of British citizens, [British
overseas
territories citizens], [British Nationals (Overseas),] British Overseas
citizens, British subjects and British protected persons born or dying in
any
country in which Her Majesty's government in the United Kingdom has for the
time
being no diplomatic or consular representatives to be registered--

(i) by persons serving in the diplomatic, consular or other foreign
service
of any country which, by arrangement with Her Majesty's government in the
United
Kingdom, has undertaken to represent that government's interest in that
country,
or

(ii) by a person authorised in that behalf by the Secretary of State.

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

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

(2) The Secretary of State may with the consent of the Treasury by
regulations make provision for the imposition, recovery and application of
fees
in connection with any of the following matters, namely--

(a) any application made to the Secretary of State under this Act [other
than
an application for the purpose of acquiring the status of a British
National
(Overseas)];

(b) the effecting in the United Kingdom of any registration authorised by
or
under this Act [other than registration as a British National (Overseas)];

(c) the making in the United Kingdom of any declaration, the grant there
of
any certificate, or the taking there of any oath of allegiance [the making
there
of a citizenship oath or pledge] authorised to be made, granted or taken
[or
granted] by or under this Act;

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

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

(f) the supplying by or on behalf of the Secretary of State of an opinion
in
writing concerning the status of any person under this Act or any of the
former
nationality Acts, or a certified or other copy of such an opini