RESTRICTED

British Nationality Bill

HEKE 340/1

RECEIVED IN BEGISTRY NO. 51

?7 JAN 1981

DESK OFFICER INDEX

PA

REGISTRY

Action Tuken

EXPLANATORY AND FINANCIAL MEMORANDUM

The purpose of the Bill is to implement, as from a date to be appointed by order made by the Secretary of State, the pro- posals set out in the White Paper on British Nationality Law published in July 1980 (Cmnd. 7987). The main proposals are to replace citizenship of the United Kingdom and Colonies with three separate citizenships-British citizenship, citizenship of the British Dependent Territories and British Overseas citizen- ship; and to make related amendments to the provisions relating to the right of abode contained in the Immigration Act 1971 so as to recast them in terms of the new British citizenship.

PART I

BRITISH CITIZENSHIP

Acquisition after commencement

Clause 1 makes provision for the acquisition of British citizen- ship by those born in the United Kingdom (which in general, throughout the Bill, includes the Channel Islands and the Isle of Man) to a parent who is a British citizen or who is settled here; by foundlings; by persons born in the United Kingdom one of whose parents subsequently becomes settled here or a British citizen; and by children adopted by order of a court in the United Kingdom.

Clause 2 provides for a child born overseas to be a British citizen if one of his parents is a British citizen by virtue of birth in the United Kingdom or is a British citizen in Crown service or in service designated by the Secretary of State as being closely associated with the overseas activities of Her Majesty's Govern- ment in the United Kingdom.

Clause 3 enables the Secretary of State to register any minor as a British citizen. It also entitles a minor born abroad to be registered as a British citizen if one of his parents is employed overseas by a UK based company or organisation; or, where either of his parents is a British citizen, if he and his family return to the United Kingdom to live.

[Bill 20]

a

48/2

15

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