iv
British Nationality
PART III
BRITISH OVERSEAS CITIZENSHIP
Clause 23 provides that a citizen of the United Kingdom and Colonies who does not at commencement become a British Citizen or a citizen of the British Dependent Territories shall become a British Overseas citizen.
Clause 24 gives the Secretary of State discretion to register any minor as a British Overseas citizen.
Clauses 25 preserves in a similar way to Clauses 6 and 18 the right to registration held by a woman whose husband has become a British Overseas citizen.
Clause 26 permits a British Overseas citizen to renounce his citizenship in the same way as can a British citizen under Clause 10.
PART IV BRITISH SUBJECTS
Clause 27 provides that British subjects without citizenship under the British Nationality Act 1948, and women who have been registered as British subjects under the British Nationality Act 1965, are to continue to be British subjects.
Clause 28 provides that a citizen of the Republic of Ireland who has made a claim under the British Nationality Act 1948 to remain a British subject shall continue to be a British subject, and enables a citizen of the Republic of Ireland who was a citizen of Eire and a British subject immediately before 1 January 1949 to continue to make such a claim.
Clause 29 gives the Secretary of State discretion to register any minor as a British subject.
Clause 30 continues for two years the right of a woman married before commencement to a British subject under or by virtue of Clauses 27 or 28 to be registered as such herself, pro- vided the marriage subsists.
Clause 31 enables a British subject to renounce his status in the same way as can a British citizen under Clause 10.
Clause 32 provides that a British subject (other than one by virtue of Clause 28) who acquires any other citizenship or nationality shall thereupon cease to be a British subject.
PART V-MISCELLANEOUS AND SUPPLEMENTARY Clause 33 and Schedule 2 contain provisions designed to meet the United Kingdom's obligations under the 1961 United Nations Convention on the Reduction of Statelessness (Cmnd. 1825).
British Nationality
Clause 34 and Schedule 3 provide that any person who is a British citizen, citizen of the British Dependent Territories, British Overseas citizen or British subject, or is a citizen of a country listed in Schedule 3, shall have the status of Common- wealth citizen. (The term British subject is no longer to denote a common nationality status). The list of countries contained in Schedule 3 may be amended by Order in Council, subject to annulment.
Clause 35 makes provision for persons connected with places which were formerly protectorates, protected states or United Kingdom trust territories to be declared, by Order in Council subject to annulment, to be British protected persons.
Clause 36 and Schedule 4 make amendments to the Immigra- tion Act 1971. The right of abode under section 2 is redefined in terms of British citizens and those defined Commonwealth citizens who will retain their present right of abode for their lifetimes. It also replaces certificates of patriality with certificates of entitlement and specifies when such are needed.
Clause 37 makes provision for deprivation of citizenship.
Clause 38 provides for the making of regulations by the Secretary of State for carrying into effect the purposes of the Act. The main purposes covered by the clause are the manner in which application for registration or naturalisation should be made; the administration and taking of oaths of allegiance; and, with the consent of the Treasury, the imposition, recovery and application of fees. The clause also makes provision for Her Majesty to make provision by Order in Council for purposes connected with the registration of births and deaths.
Clause 39 and Schedule 5 contain general provisions relating to registration and naturalisation.
Clause 40 deals with the exercise of the Secretary of State's functions by Governors of dependencies and others.
Clause 41 provides that the Secretary of State and others who determine applications for registration and naturalisation shall not be required to give reasons for their decisions, where the grant or refusal of such applications is at their discretion.
Clause 42 deals with the admissibility of evidence in the field of nationality, and Clause 43 deals with offences and proceed- ings. The latter clause provides that in certain circumstances proceedings may be commenced more than 6 months after the commission of an offence.
Clauses 44 and 45 deal with the position of legitimated and posthumous children.