50A Meaning of references to being in breach of immigration laws
(1) This section applies for the construction of a reference to being in the United Kingdom “in breach of the immigration laws” in—
(a) section 4(2) or (4);
(aa) section 4AA(2)(c);
(b) section 50(5); or
(c) Schedule 1.
(2) It applies only for the purpose of determining on or after the relevant day—
(a) whether a person born on or after the relevant day is a British citizen under section 1(1),
(b) whether, on an application under section 1(3) , 4(2) or 4AA made on or after the relevant day, a person is entitled to be registered as a British citizen, or
(c) whether, on an application under section 6(1) or (2) made on or after the relevant day, the applicant fulfils the requirements of Schedule 1 for naturalisation as a British citizen under section 6(1) or (2).
(3) But that is subject to section 48(3)(d) and (4) of the Borders, Citizenship and Immigration Act 2009 (saving in relation to section 11 of the Nationality, Immigration and Asylum Act 2002).
(4) A person is in the United Kingdom in breach of the immigration laws if (and only if) the person—
(a) is in the United Kingdom;
(b) does not have the right of abode in the United Kingdom within the meaning of section 2 of the Immigration Act 1971;
(ba) is not an Irish citizen who does not require leave to enter or remain in the United Kingdom (see section 3ZA of the Immigration Act 1971);
(c) does not have leave to enter or remain in the United Kingdom (whether or not the person previously had leave);
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f) is not entitled to enter and remain in the United Kingdom by virtue of section 8(1) of the Immigration Act 1971 (crew) (whether or not the person was previously entitled); and
(g) does not have the benefit of an exemption under section 8(2) to (4) of that Act (diplomats, soldiers and other special cases) (whether or not the person previously had the benefit of an exemption).
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) Section 11(1) of the Immigration Act 1971 (person deemed not to be in the United Kingdom before disembarkation, while in controlled area or while under immigration control) applies for the purposes of this section as it applies for the purposes of that Act.
(7) This section is without prejudice to the generality of—
(a) a reference to being in a place outside the United Kingdom in breach of immigration laws, and
(b) a reference in a provision other than one specified in subsection (1) to being in the United Kingdom in breach of immigration laws.
(8) The relevant day for the purposes of subsection (2) is the day appointed for the commencement of section 48 of the Borders, Citizenship and Immigration Act 2009 (which inserted this section).
50B Immigration restrictions to be disregarded in certain cases
(1) A person exercising a freedom of movement right at any time falling within the remedial period is treated for the purposes of this Act as not subject at that time under the immigration laws to any restriction on the period for which they may remain in the United Kingdom.
(2) In this section—
“freedom of movement right” means—
a right to reside in Great Britain and Northern Ireland that arises under or by virtue of—
section 2(1) or (2) of the European Communities Act 1972, or
any other enactment so far as passed or made, or operating, for a purpose mentioned in section 2(2)(a) or (b) of that Act, or
a right to reside in any of the Islands that is conferred by reference to, or that otherwise corresponds to or is similar to, a right within paragraph (a);
“the remedial period” means—
where the freedom of movement right is a right to reside in Great Britain and Northern Ireland, the period beginning with 1 January 1983 and ending with 1 October 2000;
where the freedom of movement right is a right to reside in the Bailiwick of Guernsey, the period beginning with 1 August 1993 and ending with 30 September 2004;
where the freedom of movement right is a right to reside in the Bailiwick of Jersey, the period beginning with 1 January 1983 and ending with 8 February 2004;
where the freedom of movement right is a right to reside in the Isle of Man, the period beginning with 1 October 1994 and ending with 1 October 2000.
51 Meaning of certain expressions relating to nationality in other Acts and instruments.
(1) Without prejudice to subsection (3)(c), in any enactment or instrument whatever passed or made before commencement
“British subject” and
“Commonwealth citizen” have the same meaning, that is—
(a) in relation to any time before commencement—
(i) a person who under the 1948 Act was at that time a citizen of the United Kingdom and Colonies or who, under any enactment then in force in a country mentioned in section 1(3) of that Act as then in force, was at that time a citizen of that country; and
(ii) any other person who had at that time the status of a British subject under that Act or any other enactment then in force;
(b) in relation to any time after commencement, a person who has the status of a Commonwealth citizen under this Act.
(2) In any enactment or instrument whatever passed or made after commencement—
“British subject” means a person who has the status of a British subject under this Act;
“Commonwealth citizen” means a person who has the status of a Commonwealth citizen under this Act.
(3) In any enactment or instrument whatever passed or made before commencement—
(a) “citizen of the United Kingdom and Colonies”—
(i) in relation to any time before commencement, means a person who under the 1948 Act was at that time a citizen of the United Kingdom and Colonies;
(ii) in relation to any time after commencement, means a person who under the British Nationality Acts 1981 and 1983or the British Overseas Territories Act 2002 is a British citizen, a British overseas territories citizen or a British Overseas citizen or who under the Hong Kong (British Nationality) Order 1986 is a British National (Overseas);
(b) any reference to ceasing to be a citizen of the United Kingdom and Colonies shall, in relation to any time after commencement, be construed as a reference to becoming a person who is neither a British citizen nor a British overseas territories citizennor a British National (Overseas) nor a British Overseas citizen;
(c) any reference to a person who is a British subject (or a British subject without citizenship) by virtue of section 2, 13, or 16 of the 1948 Act or by virtue of, or of section 1 of, the British Nationality Act 1965 shall, in relation to any time after commencement, be construed as a reference to a person who under this Act is a British subject.
(4) In any statutory provision, whether passed or made before or after commencement, and in any other instrument whatever made after commencement
“alien”, in relation to any time after commencement, means a person who is neither a Commonwealth citizen nor a British protected person nor a citizen of the Republic of Ireland.
(5) The preceding provisions of this section—
(a) shall not apply in cases where the context otherwise requires; and
(b) shall not apply to this Act or to any instrument made under this Act.
52 Consequential amendments, transitional provisions, repeals and savings.
(1) In any enactment or instrument whatever passed or made before commencement, for any reference to section 1(3) of the 1948 Act (list of countries whose citizens are Commonwealth citizens under that Act) there shall be substituted a reference to Schedule 3 to this Act, unless the context makes that substitution inappropriate.
(2) Subject to subsection (3), Her Majesty may by Order in Council make such consequential modifications of—
(a) any enactment of the Parliament of the United Kingdom passed before commencement;
(b) any provision contained in any Northern Ireland legislation passed or made before commencement; or
(c) any instrument made before commencement under any such enactment or provision,
as appear to Her necessary or expedient for preserving after commencement the substantive effect of that enactment, provision or instrument.
(3) Subsection (2) shall not apply in relation to—
(a) the Immigration Act 1971; or
(b) any provision of this Act not contained in Schedule 7.
(4) Any Order in Council made under subsection (2) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(5) Any provision made by Order in Council under subsection (2) after commencement may be made with retrospective effect as from commencement or any later date.
(6) The enactments specified in Schedule 7 shall have effect subject to the amendments there specified, being amendments consequential on the provisions of this Act.
(7) This Act shall have effect subject to the transitional provisions contained in Schedule 8.
(8) The enactments mentioned in Schedule 9 are hereby repealed to the extent specified in the third column of that Schedule.
(9) Without prejudice to section 51, nothing in this Act affects the operation, in relation to any time before commencement, of any statutory provision passed or made before commencement.
(10) Nothing in this Act shall be taken as prejudicing the operation of sections 16 and 17 of the Interpretation Act 1978 (which relate to the effect of repeals).
(11) In this section
“modifications” includes additions, omissions and alterations.
(1) This Act may be cited as the British Nationality Act 1981.
(2) This Act, except the provisions mentioned in subsection (3), shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and references to the commencement of this Act shall be construed as references to the beginning of that day.
(3) Section 49 and this section shall come into force on the passing of this Act.
(4) This Act extends to Northern Ireland.
(5) The provisions of this Act, except those mentioned in subsection (7), extend to the Islands and all British overseas territories ; and section 36 of the Immigration Act 1971 (power to extend provisions of that Act to Islands) shall apply to the said excepted provisions as if they were provisions of that Act.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) The provisions referred to in subsections (5) . . . are—
(a) section 39 and Schedule 4;
(b) section 52(7) and Schedule 8 so far as they relate to the Immigration Act 1971; and
(c) section 52(8) and Schedule 9 so far as they relate to provisions of the Immigration Act 1971 other than Schedule 1.
Naturalisation as a British citizen under section 6(1)
1 (1) Subject to paragraph 2, the requirements for naturalisation as a British citizen under section 6(1) are, in the case of any person who applies for it—
(a) the requirements specified in sub-paragraph (2) of this paragraph, or the alternative requirement specified in sub-paragraph (3) of this paragraph; and
(b) that he is of good character; and
(c) that he has a sufficient knowledge of the English, Welsh or Scottish Gaelic language; and
(ca) that he has sufficient knowledge about life in the United Kingdom; and
(d) that either—
(i) his intentions are such that, in the event of a certificate of naturalisation as a British citizen being granted to him, his home or (if he has more than one) his principal home will be in the United Kingdom; or
(ii) he intends, in the event of such a certificate being granted to him, to enter into, or continue in, Crown service under the government of the United Kingdom, or service under an international organisation of which the United Kingdom or Her Majesty’s government therein is a member, or service in the employment of a company or association established in the United Kingdom.
(2) The requirements referred to in sub-paragraph (1)(a) of this paragraph are—
(a) that the applicant was in the United Kingdom at the beginning of the period of five years ending with the date of the application, and that the number of days on which he was absent from the United Kingdom in that period does not exceed 450; and
(b) that the number of days on which he was absent from the United Kingdom in the period of twelve months so ending does not exceed 90; and
(c) that he was not at any time in the period of twelve months so ending subject under the immigration laws to any restriction on the period for which he might remain in the United Kingdom; and
(d) that he was not at any time in the period of five years so ending in the United Kingdom in breach of the immigration laws.
(3) The alternative requirement referred to in sub-paragraph (1)(a) of this paragraph is that on the date of the application he is serving outside the United Kingdom in Crown service under the government of the United Kingdom.
2 (1) If in the special circumstances of any particular case the Secretary of State thinks fit, he may for the purposes of paragraph 1 do all or any of the following things, namely—
(za) treat the applicant as fulfilling the first requirement specified in paragraph 1(2)(a) although the applicant was not in the United Kingdom at the beginning of the period there mentioned;
(a) treat the applicant as fulfilling the second requirement specified in paragraph 1(2)(a) or the requirement specified in paragraph 1(2)(b), or both, although the number of days on which he was absent from the United Kingdom in the period there mentioned exceeds the number there mentioned;
(b) treat the applicant as having been in the United Kingdom for the whole or any part of any period during which he would otherwise fall to be treated under paragraph 9(1) as having been absent;
(c) disregard any such restriction as is mentioned in paragraph 1(2)(c), not being a restriction to which the applicant was subject on the date of the application;
(d) treat the applicant as fulfilling the requirement specified in paragraph 1(2)(d) although he was in the United Kingdom in breach of the immigration laws in the period there mentioned;
(e) waive the need to fulfil either or both of the requirements specified in paragraph 1(1)(c) and (ca) if he considers that because of the applicant’s age or physical or mental condition it would be unreasonable to expect him to fulfil that requirement or those requirements.
(1A) Sub-paragraph (1B) applies where the applicant has indefinite leave to enter or remain in the United Kingdom.
(1B) The Secretary of State may for the purposes of paragraph 1 treat the applicant as fulfilling the requirement specified in paragraph 1(2)(d), without enquiring into whether or not the applicant was in the United Kingdom in breach of the immigration laws in the period there mentioned.
(1C) The reference in sub-paragraph (1A) to having indefinite leave to enter or remain is to be construed in accordance with the Immigration Act 1971.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Naturalisation as a British citizen under section 6(2)
3 Subject to paragraph 4, the requirements for naturalisation as a British citizen under section 6(2) are, in the case of any person who applies for it—
(a) that he was in the United Kingdom at the beginning of the period of three years ending with the date of the application, and that the number of days on which he was absent from the United Kingdom in that period does not exceed 270; and
(b) that the number of days on which he was absent from the United Kingdom in the period of twelve months so ending does not exceed 90; and
(c) that on the date of the application he was not subject under the immigration laws to any restriction on the period for which he might remain in the United Kingdom; and
(d) that he was not at any time in the period of three years ending with the date of the application in the United Kingdom in breach of the immigration laws; and
(e) the requirements specified in paragraph 1(1)(b), (c) and (ca) .
4 Paragraph 2 shall apply in relation to paragraph 3 with the following modifications, namely—
(a) the references to the purposes of paragraph 1 shall be read as references to the purposes of paragraph 3;
(b) the references to paragraphs 1(2)(a), 1(2)(b) and 1(2)(d) shall be read as references to paragraphs 3(a), 3(b) and 3(d) respectively;
(c) paragraph 2(c) . . . shall be omitted; and
(d) after paragraph (e) there shall be added—
(f) waive the need to fulfil all or any of the requirements specified in paragraph 3(a) and (b) if on the date of the application the person to whom the applicant is married , or of whom the applicant is the civil partner, is serving in service to which section 2(1)(b) applies, that person’s recruitment for that service having taken place in the United Kingdom
Naturalisation as a British overseas territories citizen under section 18(1)
5 (1) Subject to paragraph 6, the requirements for naturalisation as a British overseas territories citizen under section 18(1) are, in the case of any person who applies for it—
(a) the requirements specified in sub-paragraph (2) of this paragraph, or the alternative requirement specified in sub-paragraph (3) of this paragraph; and
(b) that he is of good character; and
(c) that he has a sufficient knowledge of the English language or any other language recognised for official purposes in the relevent territory; and
(d) that either—
(i) his intentions are such that, in the event of a certificate of naturalisation as a British overseas territories citizen being granted to him, his home or (if he has more than one) his principal home will be in the relevent territory; or
(ii) he intends, in the event of such a certificate being granted to him, to enter into, or continue in, Crown service under the government of that territory, or service under an international organisation of which that territory or the government of that territory is a member, or service in the employment of a company or association established in that territory.
(2) The requirements referred to in sub-paragraph (1)(a) of this paragraph are—
(a) that he was in the relevant territory at the beginning of the period of five years ending with the date of the application, and that the number of days on which he was absent from that territory in that period does not exceed 450; and
(b) that the number of days on which he was absent from that territory in the period of twelve months so ending does not exceed 90; and
(c) that he was not at any time in the period of twelve months so ending subject under the immigration laws to any restriction on the period for which he might remain in that territory; and
(d) that he was not at any time in the period of five years so ending in that territory in breach of the immigration laws.
(3) The alternative requirement referred to in sub-paragraph (1)(a) of this paragraph is that on the date of the application he is serving outside the relevant territory in Crown service under the government of that territory.
6 (1) If in the special circumstances of any particular case the Secretary of State thinks fit, he may for the purposes of paragraph 5 do all or any of the following things, namely—
(za) treat the applicant as fulfilling the first requirement specified in paragraph 5(2)(a) although the applicant was not in the relevant territory at the beginning of the period there mentioned;
(a) treat the applicant as fulfilling the second requirement specified in paragraph 5(2)(a) or the requirement specified in paragraph 5(2)(b), or both, although the number of days on which he was absent from the relevant territory in the period there mentioned exceeds the number there mentioned;
(b) treat the applicant as having been in the relevant territory for the whole or any part of any period during which he would otherwise fall to be treated under paragraph 9(2) as having been absent;
(c) disregard any such restriction as is mentioned in paragraph 5(2)(c), not being a restriction to which the applicant was subject on the date of the application;
(d) treat the applicant as fulfilling the requirement specified in paragraph 5(2)(d) although he was in the relevant territory in breach of the immigration laws in the period there mentioned;
(e) waive the need to fulfil the requirement specified in paragraph 5(1)(c) if he considers that because of the applicant’s age or physical or mental condition it would be unreasonable to expect him to fulfil it.
Naturalisation as a British overseas territories citizen under section 18(2)
7 Subject to paragraph 8, the requirements for naturalisation as a British overseas territories citizen under section 18(2) are, in the case of any person who applies for it—
(a) that he was in the relevant territory at the beginning of the period of three years ending with the date of the application, and that the number of days on which he was absent from that territory in that period does not exceed 270; and
(b) that the number of days on which he was absent from that territory in the period of twelve months so ending does not exceed 90; and
(c) that on the date of the application he was not subject under the immigration laws to any restriction on the period for which he might remain in that territory; and
(d) that he was not at any time in the period of three years ending with the date of the application in that territory in breach of the immigration laws; and
(e) the requirements specified in paragraph 5(1)(b) and (c).
8 Paragraph 6 shall apply in relation to paragraph 7 with the following modifications, namely—
(a) the references to the purposes of paragraph 5 shall be read as references to the purposes of paragraph 7;
(b) the references to paragraphs 5(2)(a), 5(2)(b) and 5(2)(d) shall be read as references to paragraphs 7(a), 7(b) and 7(d) respectively;
(c) paragraph 6(c) . . . shall be omitted; and
(d) after paragraph (e) there shall be added—
(f) waive the need to fulfil all or any of the requirements specified in paragraph 7(a) and (b) if on the date of the application the person to whom the applicant is married , or of whom the applicant is the civil partner, is serving in service to which section 16(1)(b) applies, that person’s recruitment for that service having taken place in a British overseas territory.
Periods to be treated as periods of absence from U.K. or a British overseas territory
9 (1) For the purposes of this Schedule a person shall (subject to paragraph 2(b)) be treated as having been absent from the United Kingdom during any of the following periods, that is to say—
(a) any period when he was in the United Kingdom and either was entitled to an exemption under section 8(3) or (4) of the Immigration Act 1971 (exemptions for diplomatic agents etc. and members of the forces) or was a member of the family and formed part of the household of a person so entitled;
(b) any period when he was detained—
(i) in any place of detention in the United Kingdom in pursuance of a sentence passed on him by a court in the United Kingdom or elsewhere for any offence;
(ii) in any hospital in the United Kingdom under a hospital order made under Part III of the Mental Health Act 1983 or section 175 or 376 of the Criminal Procedure (Scotland) Act 1975 or Part III of the Mental Health (Northern Ireland) Order 1986, being an order made in connection with his conviction of an offence; or
(iii) under any power of detention conferred by the immigration laws of the United Kingdom;
(c) any period when, being liable to be detained as mentioned in paragraph (b)(i) or (ii) of this sub-paragraph, he was unlawfully at large or absent without leave and for that reason liable to be arrested or taken into custody;
(d) any period when, his actual detention under any such power as is mentioned in paragraph (b)(iii) of this sub-paragraph being required or specifically authorised, he was unlawfully at large and for that reason liable to be arrested.
(2) For the purposes of this Schedule a person shall (subject to paragraph 6(b)) be treated as having been absent from any particular British overseas territory during any of the following periods, that is to say—
(a) any period when he was in that territory and either was entitled to an exemption under the immigration laws of that territory corresponding to any such exemption as is mentioned in sub-paragraph (1)(a) or was a member of the family and formed part of the household of a person so entitled;
(b) any period when he was detained—
(i) in any place of detention in the relevant territory in pursuance of a sentence passed on him by a court in that territory or elsewhere for any offence;
(ii) in any hospital in that territory under a direction (however described) made under any law for purposes similar to , Part III of the Mental Health Act 1983 which was for the time being in force in that territory, being a direction made in connection with his conviction of an offence and corresponding to a hospital order under that Part; or
(iii) under any power of detention conferred by the immigration laws of that territory;
(c) any period when, being liable to be detained as mentioned in paragraph (b)(i) or (ii) of this sub-paragraph, he was unlawfully at large or absent without leave and for that reason liable to be arrested or taken into custody;
(d) any period when, his actual detention under any such power as is mentioned in paragraph (b)(iii) of this sub-paragraph being required or specifically authorised, he was unlawfully at large and for that reason liable to be arrested.
Interpretation
10 In this Schedule “the relevant territory” has the meaning given by section 18(3).
Section 36.
Persons born in the United Kingdom after commencement
1 (1) Where a person born in the United Kingdom after commencement would, but for this paragraph, be born stateless, then, subject to sub-paragraph (3)—
(a) if at the time of the birth his father or mother is a citizen or subject of a description mentioned in sub-paragraph (2), he shall be a citizen or subject of that description; and accordingly
(b) if he is born legitimate and at the time of the birth each of his parents is a citizen or subject of a different description so mentioned, he shall be a citizen or subject of the same description so mentioned as each of them is respectively at that time.
(2) The descriptions referred to in sub-paragraph (1) are a British overseas territories citizen, a British Overseas citizen and a British subject under this Act.
(3) A person shall not be a British subject by virtue of this paragraph if by virtue of it he is a citizen of a description mentioned in sub-paragraph (2).
Persons born in a British overseas territory after commencement
2 (1) Where a person born in a British overseas territory after commencement would, but for this paragraph, be born stateless, then, subject to sub-paragraph (3)—
(a) if at the time of the birth his father or mother is a citizen or subject of a description mentioned in sub-paragraph (2), he shall be a citizen or subject of that description; and accordingly
(b) if he is born legitimate and at the time of the birth each of his parents is a citizen or subject of a different description so mentioned, he shall be a citizen or subject of the same description so mentioned as each of them is respectively at that time.
(2) The descriptions referred to in sub-paragraph (1) are a British citizen, a British Overseas citizen and a British subject under this Act.
(3) A person shall not be a British subject by virtue of this paragraph if by virtue of it he is a citizen of a description mentioned in sub-paragraph (2).
Persons aged 18 to 22 born in the United Kingdom or a British overseas territory after commencement
3 (1) A person born in the United Kingdom or a British overseas territory after commencement shall be entitled, on an application for his registration under this paragraph, to be so registered if the following requirements are satisfied in his case, namely—
(a) that he is and always has been stateless; and
(b) that on the date of the application he had attained the age of eighteen but . . . was under the age of twenty-two; and
(c) that he was in the United Kingdom or a British overseas territory (no matter which) at the beginning of the period of five years ending with that date and that (subject to paragraph 6) the number of days on which he was absent from both the United Kingdom and the British overseas territories in that period does not exceed 450.
(2) A person entitled to registration under this paragraph—
(a) shall be registered under it as a British citizen if, in the period of five years mentioned in sub-paragraph (1), the number of days wholly or partly spent by him in the United Kingdom exceeds the number of days wholly or partly spent by him in the British overseas territories;
(b) in any other case, shall be registered under it as a British overseas territories citizen.
Minors aged 5 to 17 born in the United Kingdom or a British overseas territory after commencement
3A (1) A person born in the United Kingdom or a British overseas territory after commencement is entitled, on an application for the person to be registered under this paragraph, to be so registered if—
(a) the person is and always has been stateless,
(b) on the date of the application, the person was a minor,
(c) the person was in the United Kingdom or a British overseas territory (no matter which) at the beginning of the period of five years ending with that date and (subject to paragraph 6) the number of days on which the person was absent from both the United Kingdom and the British overseas territories in that period does not exceed 450, and
(d) the Secretary of State is satisfied that the person is unable to acquire another nationality in accordance with sub-paragraph (2).
(2) A person is able to acquire a nationality in accordance with this sub-paragraph if—
(a) the nationality is the same as that of one of the person’s parents,
(b) the person has been entitled to acquire the nationality since birth, and
(c) in all the circumstances, it is reasonable to expect the person (or someone acting on their behalf) to take the steps which would enable the person to acquire the nationality in question.
(3) For the purposes of sub-paragraph (2)(b), a person is not entitled to acquire a nationality if its acquisition is conditional on the exercise of a discretion on the part of the country or territory in question.
(4) A person entitled to registration under this paragraph—
(a) is to be registered as a British citizen if, in the period of five years mentioned in sub-paragraph (1), the number of days wholly or partly spent by the person in the United Kingdom exceeds the number of days wholly or partly spent by the person in the British overseas territory;
(b) in any other case, is to be registered as a British overseas territories citizen.
Persons born outside the United Kingdom and the British overseas territories after commencement
4 (1) A person born outside the United Kingdom and the British overseas territories after commencement shall be entitled, on an application for his registration under this paragraph, to be so registered if the following requirements are satisfied, namely—
(a) that that person is and always has been stateless; and
(b) that at the time of that person’s birth his father or mother was a citizen or subject of a description mentioned in sub-paragraph (4); and
(c) that that person was in the United Kingdom or a British overseas territory(no matter which) at the beginning of the period of three years ending with the date of the application and that (subject to paragraph 6) the number of days on which he was absent from both the United Kingdom and the British overseas territories in that period does not exceed 270.
(2) A person entitled to registration under this paragraph—
(a) shall be registered under it as a citizen or subject of a description available to him in accordance with sub-paragraph (3); and
(b) if more than one description is so available to him, shall be registered under this paragraph as a citizen of whichever one or more of the descriptions so available to him is or are stated in the application under this paragraph to be wanted.
(3) For the purposes of this paragraph the descriptions of citizen or subject available to a person entitled to registration under this paragraph are—
(a) in the case of a person whose father or mother was at the time of that person’s birth a citizen of a description mentioned in sub-paragraph (4), any description of citizen so mentioned which applied to his father or mother at that time;
(b) in any other case, a British subject under this Act.
(4) The descriptions referred to in sub-paragraphs (1) to (3) are a British citizen, a British overseas territories citizen , a British Overseas citizen and a British subject under this Act.
Persons born stateless before commencement
5 (1) A person born before commencement shall be entitled, on an application for his registration under this paragraph, to be so registered if the circumstances are such that, if—
(a) this Act had not been passed, and the enactments repealed or amended by this Act had continued in force accordingly; and
(b) an application for the registration of that person under section 1 of the British Nationality (No. 2) Act 1964 (stateless persons) as a citizen of the United Kingdom and Colonies had been made on the date of the application under this paragraph,
that person would have been entitled under that section to be registered as such a citizen.
(2) A person entitled to registration under this paragraph shall be registered under it as such a citizen as he would have become at commencement if, immediately before commencement, he had been registered as a citizen of the United Kingdom and Colonies under section 1 of the British Nationality (No. 2) Act 1964 on whichever of the grounds mentioned in subsection (1)(a) to (c) of that section he would have been entitled to be so registered on in the circumstances described in sub-paragraph (1)(a) and (b) of this paragraph.
Supplementary
6 If in the special circumstances of any particular case the Secretary of State thinks fit, he may for the purposes of paragraph 3 , 3A or 4 treat the person who is the subject of the application as fulfilling the requirement specified in sub-paragraph (1)(c) of that paragraph although the number of days on which he was absent from both the United Kingdom and the British overseas territories in the period there mentioned exceeds the number there mentioned.
SCHEDULE 3 Countries Whose Citizens are Commonwealth Citizens
Antigua and Barbuda
Australia
The Bahamas
Bangladesh
Barbados
Belize
Botswana
Brunei
Cameroon
Canada
Republic of Cyprus
Dominica
Eswatini
Fiji
Gabon
The Gambia
Ghana
Grenada
Guyana
India
Jamaica
Kenya
Kiribati
Lesotho
Malawi
Malaysia
Maldives
Malta
Mauritius
Mozambique
Nauru
New Zealand
Nigeria
Pakistan
Papua New Guinea
Rwanda
Saint Christopher and Nevis
Saint Lucia
Saint Vincent and the Grenadines
Seychelles
Sierra Leone
Singapore
Solomon Islands
South Africa
Sri Lanka
...
Tanzania
Togo
Tonga
Trinidad and Tobago
Tuvalu
Uganda
Vanuatu
Western Samoa
Zambia
Zimbabwe
Namibia
Section 39(6).
1 In this Schedule “the 1971 Act” means the Immigration Act 1971.
2 For “patrial”—
(a) where it occurs in the provisions of the 1971 Act listed in the first column of the following table, and where it first occurs in section 6(2) of that Act, substitute “ a British citizen ” ;
(b) where it occurs in the provisions listed in that Act in the second column of that table, and where it last occurs in section 6(2) of that Act, substitute “ British citizens ”.
TABLE
(1) “a British citizen” | (2) “British citizens”
Section 3(1), (5), (6), (8) ; | Section 3(7) (twice)
Section 5(2) ; | Section 4(4) ;
Section 9(4) ; | Section 8(2), (3), (4) ;
Section 14(2) ; | Section 9(2) ;
Section 24(1) ; | . . . ;
In section 33(1), the definitions of “entry clearance” and “work permit” ; | In Schedule 2, paragraph 26(1).
In Schedule 2, paragraphs 2(1)(a), 3(1), 6(1), 12(2) and 13(2).
In Schedule 4, paragraphs 1(1) and (2), 3(1) and 4.
3 (1) For “certificate of patriality”, wherever (except in section 33(1)) it occurs in the 1971 Act (that is, in sections 13(2), 22(4)(a) and (5)(a), 26(1)(d) (twice) and paragraph 19(2) of Schedule 2 (twice)) substitute “ certificate of entitlement ”.
(2) In the entry in section 33(1) which defines “certificate of patriality”, for “patriality” substitute “ entitlement ”.
4 In section 3(7) of the 1971 Act (powers available where restrictions or conditions are imposed on citizens of the United Kingdom and Colonies when leaving or seeking to leave other countries), for “citizens of the United Kingdom and Colonies” substitute “ British citizens, British overseas territories citizens or British Overseas citizens ”.
5 In section 8(5) of the 1971 Act, for the words from “settled” onwards (by virtue of which persons are not to be regarded for the purposes of the 1971 Act as having been settled in the United Kingdom while entitled to certain exemptions) substitiute “ settled in the United Kingdom at any time when he was entitled under the former immigration laws to any exemption corresponding to any of those afforded by subsection (3) or (4)(b) or (c) above or by any order under subsection (2) above. ”.
6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 In section 33 of the 1971 Act (interpretation)—
(a) in subsection (1)—
(i) in the definition of “settled”, for the words from “with” onwards substitute “ with subsection (2A) below ; ” ; and
(ii) after the definition of “ship” insert—
“United Kingdom passport” means a current passport issued by the Government of the United Kingdom, or by the Lieutenant-Governor of any of the Islands, or by the Government of any territory which is for the time being a British overseas territory within the meaning of the British Nationality Act 1981 ;
; and
(b) after subsection (2) insert—
(2A) Subject to subsection 8(5) above, references to a person being settled in the United Kingdom are references to his being ordinarily resident there without being subject under the immigration laws to any restriction on the period for which he may remain.
SCHEDULE 4A Deprivation of Citizenship without notice: judicial oversight
Section 40(5E)
Deprivation without notice: application to Special Immigration Appeals Commission
1 (1) If the Secretary of State proposes to make a conducive grounds deprivation order without notice, the Secretary of State may apply to the Special Immigration Appeals Commission under this paragraph.
(2) If the Secretary of State makes a conducive grounds deprivation order without notice, the Secretary of State must apply to the Special Immigration Appeals Commission under this paragraph within the period of seven days beginning with the day on which the order is made (unless an application has already been made under sub-paragraph (1)).
(3) The function of the Commission on an application under this paragraph is to determine whether, in respect of each condition in section 40(5A) on which the Secretary of State relies, the Secretary of State’s view is obviously flawed.
(4) In determining that question, the Commission must apply the principles that would be applicable on an application for judicial review.
(5) If the Commission determines that the Secretary of State’s view is obviously flawed in respect of each condition in section 40(5A) on which the Secretary of State relies—
(a) if the order in question has not been made, section 40(5) applies in relation to the order (notwithstanding section 40(5A));
(b) if the order has been made, the Secretary of State must, within the period of 14 days beginning with the day on which the Commission made the determination—
(i) give late notice in respect of the order,
(ii) revoke the order, or
(iii) make an application under sub-paragraph (6).
(6) The Secretary of State may (at any time) make an application to the Special Immigration Appeals Commission for fresh consideration of a decision the Secretary of State has made under section 40(5A) where—
(a) in the opinion of the Secretary of State, circumstances have changed materially since the determination mentioned in sub-paragraph (5), or
(b) the Secretary of State wishes to provide further evidence to the Commission.
Sub-paragraphs (3) to (5) apply to an application under this sub-paragraph.
Deprivation of citizenship without notice: review
2 (1) Sub-paragraphs (2) to (5) apply if—
(a) the Secretary of State makes a conducive grounds deprivation order without notice, and
(b) the Special Immigration Appeals Commission has not made the determination mentioned in paragraph 1(5) (Secretary of State’s decision obviously flawed).
(2) The Secretary of State must, at least once in every review period, review the circumstances of the person in respect of whom the order was made (so far as known) and decide whether to give late notice in respect of the order.
(3) On such a review, the Secretary of State must decide to give late notice to the person unless it appears to the Secretary of State that any of the conditions in section 40(5A) is met (reading any reference in those provisions to notice under section 40(5) as a reference to late notice).
(4) If the Secretary of State decides at any point to give late notice in respect of the order—
(a) the Secretary of State must give the notice as soon as reasonably practicable, and
(b) once the notice is given, sub-paragraph (2) ceases to apply in relation to the person.
(5) If on the expiry of the final review period the Secretary of State has not given, or has not decided to give, late notice in respect of the order, the Secretary of State must make an application to the Special Immigration Appeals Commission within the period of seven days beginning with the day after the final day of that review period.
(6) Sub-paragraphs (3) to (6) of paragraph 1 (except sub-paragraph (5)(a)) apply for the purposes of an application under sub-paragraph (5) as they apply for the purposes of an application under that paragraph.
(7) For the purposes of this paragraph, each of the following is a “review period”—
(a) the period of four months beginning with the day after the day on which the Special Immigration Appeals Commission first determined an application in relation to the order under paragraph 1, and
(b) each of the next five successive periods of four months.
Interpretation
3 (1) In this Schedule, references to making a conducive grounds deprivation order without notice are to making an order under section 40(2) without giving notice under subsection (5) of that section (in reliance on subsection (5A) of that section).
(2) In this Schedule, “late notice”, in respect of an order under section 40(5), means written notice to the person in respect of whom the order was made specifying—
(a) that the Secretary of State has made the order,
(b) the reasons for the order, and
(c) the person’s right of appeal under section 40A(1) or under section 2B of the Special Immigration Appeals Commission Act 1997.
1 The form of citizenship oath and pledge is as follows for registration of or naturalisation as a British citizen—
Oath
“I,[name], swear by Almighty God that, on becoming a British citizen, I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law.”
Pledge
“I will give my loyalty to the United Kingdom and respect its rights and freedoms. I will uphold its democratic values. I will observe its laws faithfully and fulfil my duties and obligations as a British citizen.”
2 The form of citizenship oath and pledge is as follows for registration of or naturalisation as a British overseas territories citizen—
Oath
“I,[name], swear by Almighty God that, on becoming a British overseas territories citizen, I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law.”
Pledge
“I will give my loyalty to[name of territory] and respect its rights and freedoms. I will uphold its democratic values. I will observe its laws faithfully and fulfil my duties and obligations as a British overseas territories citizen.”
3 The form of citizenship oath is as follows for registration of a British Overseas citizen—
“I,[name], swear by Almighty God that, on becoming a British Overseas citizen, I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law.”
4 The form of citizenship oath is as follows for registration of a British subject—
“I,[name], swear by Almighty God that, on becoming a British subject, I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law.”.
Section 50(1).
Anguilla
Bermuda
British Antarctic Territory
British Indian Ocean Territory
Cayman Islands
Falkland Islands ...
Gibraltar
...
Montserrat
Pitcairn, Henderson, Ducie and Oeno Islands
...
St Helena, Ascension and Tristan da Cunha
South Georgia and the South Sandwich Islands
The Sovereign Base Areas of Akrotiri and Dhekelia (that is to say the areas mentioned in section 2(1) of the Cyprus Act 1960)
Turks and Caicos Islands
Virgin Islands.
Section 52(6).
ACT OF SETTLEMENT (12 & 13 Will. 3. c. 2.)
In section 3, the words from “That after the said limitation shall take effect” to “in trust for him” (which impose certain disqualifications) shall not apply to Commonwealth citizens or citizens of the Republic of Ireland.
LEGITIMACY DECLARATION ACT 1858 (c. 93)
In section 9 (declaration that person is a subject of Her Majesty in Scottish action of declarator) for “subject of Her Majesty” substitute “ Commonwealth citizen ”.
SUBMARINE TELEGRAPH ACT 1885 (c. 49)
In section 3(5) (offence for a subject of Her Majesty to abet breaking or injuring of submarine cable outside dominions), for “a subject of Her Majesty” substitute “ a Commonwealth citizen ”.
BRITISH NATIONALITY ACT 1948 (c. 56)
In section 3 (limitation of criminal liability of citizens of certain countries), after subsection (3) insert—
(4) In this section “foreign country” and “British protected person” have the same meaning as in the British Nationality Act 1981.
.
IRELAND ACT 1949 (c. 41)
1 In section 3(1)(a) (certain provisions not affected by fact that Republic of Ireland is not part of Her Majesty’s dominions), for sub-paragraph (i) (which lists the British Nationality Act 1948) substitute—
(i) section 3 of the British Nationality Act 1948 ;
2 For section 7(2) (interpretation of references to protectorates etc. by reference to the 1948 Act) substitute—
(2) In this Act “the United Kingdom” includes the Channel Islands and the Isle of Man.
DEFAMATION ACT 1952 (c. 66)
In Part III of the Schedule (interpretation), in paragraph 14, for “subsection (3) of section one of that Act” substitute “ Schedule 3 to the British Nationality Act 1981 ”.
DEFAMATION ACT (NORTHERN IRELAND) 1955 (c. 11) (N.I.)
In Part III of the Schedule (interpretation), in paragraph 14, for “subsection (3) of section one of that Act” substitute “ Schedule 3 to the British Nationality Act 1981 ”.
CYPRUS ACT 1960 (c. 52)
In section 6(1) (power to remove Republic of Cyprus from section 1(3) of 1948 Act), for the words from “specified” onwards substitute “ mentioned in Schedule 3 to the British Nationality Act 1981, Her Majesty may by Order in Council remove the Republic of Cyprus from that Schedule. ”.
EMERGENCY LAWS (RE-ENACTMENTS AND REPEALS) ACT 1964 (c. 60)
In section 9 (territorial extent of Part I), in subsection (2)—
(a) in the definition of “British protected person”, for “section 1(3) of the British Nationality Acts 1948 to 1964” substitute “ the British Nationality Act 1981 ” ; and
(b) in the definition of “excepted ship or aircraft”, for “section 1(3) of the British Nationality Act 1948” substitute “ Schedule 3 to the British Nationality Act 1981 ”.
DIPLOMATIC PRIVILEGES ACT 1964 (c. 81)
For section 3(2) (disregard, in connection with citizenship of children of certain persons possessing dipolmatic immunity, of Orders in Council withdrawing diplomatic privileges and immunities) substitute—
(2) An Order in Council under this section shall be disregarded for the purposes of section 50(4) of the British Nationality Act 1981 (circumstances in wich certain persons entitled to exemption under section 8(3) of the Immigration Act 1971 are to be regarded for the purposes of section 1(1) of the said Act of 1981 as settled in the United Kingdom).
.
COMMONWEALTH SECRETARIAT ACT 1966 (c. 10)
In Part II of the Schedule (staff of the Secretariat), in paragraphs 5(1) and 7, for “section 1(3) of the British Nationality Act 1948” substitute “ Schedule 3 to the British Nationality Act 1981 ”.
WEST INDIES ACT 1967 (c. 4)
1 In section 13(3) (power to make changes in nationality or citizenship law in certain events), for “citizens of the United Kingdom and Colonies” substitute “ British overseas territories citizens or British Overseas citizens ”.
2 In Schedule 3 (modifications of British Nationality Acts)—
(a) for paragraph 4(3) substitute—
(3) This paragraph applies to those functions of the Secretary of State under the British Nationality Act 1981 in the case of which he has power under section 43 of the Act to make arrangements for them to be exercised in a British overseas territory which is for the time being a colony by the Governor ; and subsection (4) of that section (approval of the Secretary of State) shall apply in relation to a direction under this paragraph as it applies in relation to arrangements under that section.
; and
(b) in paragraph 6, for the words from “Section 26” to “1965)” substitute “ Section 44 of the British Nationality Act 1981 ”.
MARINE BROADCASTING (OFFENCES) ACT 1967 (c. 41)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ANTARCTIC TREATY ACT 1967 (C. 65)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
FUGITIVE OFFENDERS ACT 1967 (c. 68)
. . . .
CONSULAR RELATIONS ACT 1968 (c. 18)
In section 1(2) (meaning of certain terms in Schedule 1), in the definition of “national of the receiving state”, for the words from “as” onwards substitute
as meaning—
(a) a British citizen, a British overseas territories citizen or a British Overseas citizen ; or
(b) a person who under the British Nationality Act 1981 is a British subject ; or
(c) a British protected person (within the meaning of that Act).
TANZANIA ACT 1969 (c. 29)
In section 4(3) (enactments excluded from power to apply statutory provisions to Tanzania), for “the British Nationality Acts” substitute “ the British Nationality Act 1981 ”.
INCOME AND CORPORATION TAXES ACT 1970 (c. 10)
. . . .
MERCHANT SHIPPING ACT 1970 (c. 36)
1 In section 70(3) (meaning of “British seamen” in section 70), for “the British Nationality Act 1948” substitute “ the British Nationality Act 1981 ”.
2 In section 93(3) (meaning of “independent Commonwealth country” in section 93), for “section 1(3) of the British Nationality Act 1948” substitute “ Schedule 3 to the British Nationality Act 1981 ”.
. . .
. . .
. . .
CHILDREN ACT 1975 (c. 72)
1 In Part II of Schedule 1 (adoption orders)—
(a) in paragraph 7(2)(a), for “the British Nationality Acts 1948 to 1965” substitute “ the British Nationality Act 1981 ” ; and
(b) in paragraph 7(2)(d), for “citizenship of the United Kingdom and Colonies” substitute “ British citizenship, British overseas territories citizenship or British Overseas citizenship. ”.
2 In Schedule 2 (status conferred in Scotland by adoption)—
(a) in paragraph 1(4)(a), for “the British Nationality Acts 1948 to 1965” substitute “ the British Nationality Act 1981 ” ; and
(b) in paragraph 1(4)(d), for “citizenship of the United Kingdom and Colonies” substitute “ British citizenship, British overseas territories citizenship or British Overseas citizenship. ”.
ADOPTION ACT 1976 (c. 36)
In section 47(2) (nationality enactments)—
(a) in paragraph (a), for “the British Nationality Acts 1948 to 1965” substitute “ the British Nationality Act 1981 ” ; and
(b) in paragraph (d), for “citizenship of the United Kingdom and Colonies” substitute “ British citizenship, British overseas territories citizenship or British Overseas citizenship. ”.
NATIONAL HEALTH SERVICE ACT 1977 (c. 49)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SOLOMON ISLANDS ACT 1978 (c. 15)
In section 6 (construction of nationality provisions)—
(a) in subsection (1), for “section 1(3) of the 1948 Act” substitute “ Schedule 3 to the British Nationality Act 1981 ” ;
(b) for subsection (2) substitute—
(2) The following provisions of the British Nationality Act 1981, namely sections 45 (evidence), 46 (offences and proceedings), 48 (posthumous children) and 50 (interpretation) shall have effect for the purposes of sections 2 to 6 of this Act as if those sections of this Act were included in that Act.
; and
(c) in subsection (3), for “section 23(2) of the 1948 Act)” substitute “ section 47(2) of the British Nationality Act 1981) ”.
ADOPTION (SCOTLAND) ACT 1978 (c. 28)
In section 41(2) (nationality enactments)—
(a) in paragraph (a), for “the British Nationality Acts 1948 to 1965” substitute “ the British Nationality Act 1981 ” ; and
(b) in paragraph (d), for “citizenship of the United Kingdom and Colonies” substitute “ British citizenship, British overseas territories citizenship or British Overseas citizenship. ”.
NATIONAL HEALTH SERVICE (SCOTLAND) ACT 1978 (c. 29)
In paragraph 3 of Schedule 10 (territorial extent)—
(a) in the definition of “British protected person”, for “the British Nationality Acts 1948 to 1965” substitute “ the British Nationality Act 1981 ” ; and
(b) in the definition of “excepted ship or aircraft”, for “section 1(3) of the British Nationality Act 1948” substitute “ Schedule 3 to the British Nationality Act 1981 ”.
STATE IMMUNITY ACT 1978 (c. 33)
In section 4(5) (definition of “national of the United Kingdom”), for the words from “means” onwards substitute
means—
(a) a British citizen, a British overseas territories citizen or a British Overseas citizen ; or
(b) a person who under the British Nationality Act 1981 is a British subject ; or
(c) a British protected person (within the meaning of that Act)
.
DEEP SEA MINING (TEMPORARY PROVISIONS) ACT 1981 (c. 53)
1 In section 1 (prohibition of unlicensed deep sea mining)—
(a) in subsection (4), for “citizen of the United Kingdom and Colonies” substitute “ United Kingdom national ” ;
(b) in subsection (5)(a), for “citizens of the United Kingdom and Colonies” and “such citizens” substitute respectively “ United Kingdom nationals ” and “ such nationals ” ; and
(c) in subsection (6), for the words from “and references” onwards substitute—
“United Kingdom national” means—
(a) a British citizen, a British overseas territories citizen or a British Overseas citizen ;
(b) a person who under the British Nationality Act 1981 is a British subject ; or
(c) a British protected person (within the meaning of that Act).
2 In section 14(3) (persons who may be guilty of offences under regulations), for “a citizen of the United Kingdom and Colonies” substitute “ a British citizen, a British overseas territories citizen or a British Overseas citizen ”.
Section 52(7).
Applications for naturalisation or registration pending at commencement
1 (1) This paragraph applies to any application—
(a) for registration under any provision of the British Nationality Acts 1948 to 1965 as a citizen of the United Kingdom and Colonies or as a British subject; or
(b) for a certificate of naturalisation under section 10 of the 1948 Act,
which is received before commencement by a person authorised to receive it on behalf of the person to whom it is made but which at commencement has not been determined.
(2) In relation to any application to which this paragraph applies—
(a) the British Nationality Acts 1948 to 1965 and all regulations and arrangements in force under them immediately before commencement shall (so far as applicable) continue to apply; and
(b) this Act shall not apply;
but on the granting of such an application and the taking under those Acts of such other steps as are necessary for the person in question to become—
(i) a citizen of the United Kingdom and Colonies by virtue of any provision of those Acts; or
(ii) a British subject by virtue of registration under any provision of those Acts,
that person, instead of becoming a citizen or subject of that description, shall become under this Act such a citizen or subject as he would have become at commencement if, immediately before commencement, he had been such a citizen or subject as is mentioned in paragraph (i) or (ii), as the case may be.
(3) Sub-paragraph (2) shall have effect as if the references in it to the British Nationality Acts 1948 to 1965 did, and as if the reference in paragraph (b) of it to this Act did not, include section 49 of this Act.
2 Where a person who has been registered or to whom a certificate of naturalisation has been granted before the passing of this Act has at commencement not yet taken the oath of allegiance, paragraph 1(2) shall apply as if the application on which he was registered or the certificate was granted were an application to which paragraph 1 applies.
Registration at U.K. consulate, after commencement, of certain births occurring in foreign countries less than a year before commencement
3 (1) This paragraph applies to a person born less than a year before commencement if—
(a) the birth occurred in a place in a foreign country (within the meaning of the 1948 Act); and
(b) at the time of the birth his father was a citizen of the United Kingdom and Colonies by descent only; and
(c) the birth was not registered at a United Kingdom consulate before commencement.
(2) If the birth of a person to whom this paragraph applies is registered at a United Kingdom consulate within one year of its occurrence, he shall be deemed for the purposes of this Act to have been, immediately before commencement, a citizen of the United Kingdom and Colonies by virtue of section 5 of the 1948 Act (citizenship by descent).
(3) References in this paragraph to the 1948 Act are references to that Act as in force at the time of the birth in question.
Declarations by certain persons who by virtue of an Order in Council under section 4 of the Cyprus Act 1960 have ceased to be citizens of the United Kingdom and Colonies
4 (1) Where—
(a) a person has before commencement duly made a declaration under section 4(2) of the Cyprus Act 1960 of his intention to resume citizenship of the United Kingdom and Colonies; but
(b) at commencement the declaration has not been registered,
the Secretary of State shall cause the declaration to be registered.
(2) If—
(a) a person who in consequence of anything done before he attained the age of sixteen years ceased by virtue of an Order in Council under section 4 of the Cyprus Act 1960 to be a citizen of the United Kingdom and Colonies makes, in such a manner as the Secretary of State may direct, a declaration of his intention to accept the citizenship available to him under this paragraph; and
(b) the declaration is made by him after commencement and within one year after his attaining the age of twenty-one years,
the Secretary of State shall cause the declaration to be registered.
(3) On the registration under sub-paragraph (1) or (2) of any such declaration as is there mentioned the person who made it shall become under this Act such a citizen as he would have become at commencement if, immediately before commencement, he had been a citizen of the United Kingdom and Colonies by virtue of section 4(2) of the Cyprus Act 1960.
Applications for certificates of patriality pending at commencement
5 Any application for a certificate of patriality under the Immigration Act 1971 duly made but not determined before commencement shall be treated as if it were an application for a certificate of entitlement under that Act as amended by this Act.
Appeals under Part II of Immigration Act 1971
6 Where a person who has been refused a certificate of patriality under the Immigration Act 1971 before commencement has immediately before commencement a right of appeal under Part II (appeals) of that Act against the refusal, the provisions of that Part shall have effect in relation to the refusal as if he had applied for, and been refused, a certificate of entitlement under that Act as amended by this Act.
7 Any appeal under Part II of the Immigration Act 1971 against a refusal of a certificate of patriality under that Act which is pending immediately before commencement shall be treated as if it were an appeal against a refusal of a certificate of entitlement under that Act as amended by this Act.
8 In relation to appeals against any decision taken or other thing done under the Immigration Act 1971 before commencement, other than a refusal of a certificate of patriality under that Act, the provisions of that Act shall continue to apply as in force immediately before commencement, and not as amended by this Act.