British Nationality (No. 2) Act 1964
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Change 1
SCHEDULE TRANSITIONAL QUALIFICATIONS
Section 1. Parentage 1 (1) A person born before the commencement of the principal Act is qualified for registration under section 1 of this Act by parentage if— (a) his mother was a British subject at the time when he was born or a person who, by virtue of section 14 of that Act, is deemed (or would but for her death be deemed) to have been a British subject immediately before the commencement of that Act; or (b) his father or mother was a person who, by virtue of section 15 or 17 of that Act, is deemed (or would but for his or her death be deemed) to have been a British subject immediately before the commencement of that Act; and, in either case, the relevant parent became (or would but for his or her death have become) a citizen of the United Kingdom and Colonies at the commencement of that Act. (2) For the purposes of sub-paragraph (1)(a) above a person who by the law in force in any colony or protectorate enjoyed the privileges of naturalisation within that colony or protectorate only shall be treated as having been a British subject. 2 A person born before or after the commencement of the principal Act is qualified for registration under section 1 of this Act by parentage if his father or mother has become (or would but for his or her death have become) a citizen of the United Kingdom and Colonies by virtue of section 13(2) of that Act or has become such a citizen by virtue of section 16(2) of that Act. Residence and parentage 3 (1) Subject to sub-paragraph (5) below, a person is qualified for registration under section 1 of this Act by residence and parentage if he has been ordinarily resident in the United Kingdom and Colonies throughout the period of three years ending with the date of his application and he has the qualifications mentioned in sub-paragraph (2), (3) or (4) of this paragraph. (2) A person born before the commencement of the principal Act has the said qualifications if— (a) his mother was a British subject at the time when he was born or a person who, by virtue of section 14 of that Act, is deemed (or would but for her death be deemed) to have been a British subject immediately before the commencement of that Act; or (b) his father or mother was a person who, by virtue of section 15 or 17 of that Act, is deemed (or would but for his or her death be deemed) to have been a British subject immediately before the commencement of that Act; and, in either case, the relevant parent remained (or would but for his or her death have remained) a British subject without citizenship as from the commencement of that Act. (3) A person born before the commencement of the principal Act has the said qualifications if— (a) his father or mother has become a British subject without citizenship by virtue of section 16(2) of that Act; or (b) his mother was a British subject at the time when he was born and remained a British subject by virtue of a notice under section 2(1) of that Act. (4) A person born after the commencement of the principal Act has the said qualifications if his father or mother— (a) was a British subject without citizenship at the time when that person was born; or (b) has subsequently become a British subject without citizenship by virtue of section 16(2) of that Act; or (c) was a British subject at the time when that person was born by virtue of a notice under section 2(1) of that Act (whether given before or after that time). (5) A person shall not be treated as qualified for registration under section 1 of this Act by virtue of sub-paragraph (2) or (3)(a) above if the relevant parent has become (or would but for his death have become) a citizen of any country mentioned in section 1(3) of the principal Act of which he was (or would but for his death have been) potentially a citizen at the commencement of that Act. (6) For the purposes of this paragraph residence in a protectorate shall be treated as residence in the United Kingdom and Colonies, and references to a colony or a protectorate shall be construed as references to any territory which is a colony or protectorate at the time of the application. Legitimacy and legitimation 4 The foregoing provisions of this Schedule apply, where the relevant parent is the mother, to persons born illegitimate as well as to persons born legitimate; and, where the relevant parent is not the mother, section 23 of the principal Act shall apply for the purpose of determining whether a person is qualified under those provisions as it applies for the purposes mentioned in that section.
SCHEDULE TRANSITIONAL QUALIFICATIONS
Section 1. Parentage 1 (1) A person born before the commencement of the principal Act is qualified for registration under section 1 of this Act by parentage if— (a) his mother was a British subject at the time when he was born or a person who, by virtue of section 14 of that Act, is deemed (or would but for her death be deemed) to have been a British subject immediately before the commencement of that Act; or (b) his father or mother was a person who, by virtue of section 15 or 17 of that Act, is deemed (or would but for his or her death be deemed) to have been a British subject immediately before the commencement of that Act; and, in either case, the relevant parent became (or would but for his or her death have become) a citizen of the United Kingdom and Colonies at the commencement of that Act. (2) For the purposes of sub-paragraph (1)(a) above a person who by the law in force in any colony or protectorate enjoyed the privileges of naturalisation within that colony or protectorate only shall be treated as having been a British subject. 2 A person born before or after the commencement of the principal Act is qualified for registration under section 1 of this Act by parentage if his father or mother has become (or would but for his or her death have become) a citizen of the United Kingdom and Colonies by virtue of section 13(2) of that Act or has become such a citizen by virtue of section 16(2) of that Act. Residence and parentage 3 (1) Subject to sub-paragraph (5) below, a person is qualified for registration under section 1 of this Act by residence and parentage if he has been ordinarily resident in the United Kingdom and Colonies throughout the period of three years ending with the date of his application and he has the qualifications mentioned in sub-paragraph (2), (3) or (4) of this paragraph. (2) A person born before the commencement of the principal Act has the said qualifications if— (a) his mother was a British subject at the time when he was born or a person who, by virtue of section 14 of that Act, is deemed (or would but for her death be deemed) to have been a British subject immediately before the commencement of that Act; or (b) his father or mother was a person who, by virtue of section 15 or 17 of that Act, is deemed (or would but for his or her death be deemed) to have been a British subject immediately before the commencement of that Act; and, in either case, the relevant parent remained (or would but for his or her death have remained) a British subject without citizenship as from the commencement of that Act. (3) A person born before the commencement of the principal Act has the said qualifications if— (a) his father or mother has become a British subject without citizenship by virtue of section 16(2) of that Act; or (b) his mother was a British subject at the time when he was born and remained a British subject by virtue of a notice under section 2(1) of that Act. (4) A person born after the commencement of the principal Act has the said qualifications if his father or mother— (a) was a British subject without citizenship at the time when that person was born; or (b) has subsequently become a British subject without citizenship by virtue of section 16(2) of that Act; or (c) was a British subject at the time when that person was born by virtue of a notice under section 2(1) of that Act (whether given before or after that time). (5) A person shall not be treated as qualified for registration under section 1 of this Act by virtue of sub-paragraph (2) or (3)(a) above if the relevant parent has become (or would but for his death have become) a citizen of any country mentioned in section 1(3) of the principal Act of which he was (or would but for his death have been) potentially a citizen at the commencement of that Act. (6) For the purposes of this paragraph residence in a protectorate shall be treated as residence in the United Kingdom and Colonies, and references to a colony or a protectorate shall be construed as references to any territory which is a colony or protectorate at the time of the application. Legitimacy and legitimation 4 The foregoing provisions of this Schedule apply, where the relevant parent is the mother, to persons born illegitimate as well as to persons born legitimate; and, where the relevant parent is not the mother, section 23 of the principal Act shall apply for the purpose of determining whether a person is qualified under those provisions as it applies for the purposes mentioned in that section.
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