PART V
1978 c. 30.
Citation,
commence- ment and extent.
1971 c. 77.
1967 c. 4.
40
British Nationality
(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 pro- visions 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(8) The enactments mentioned in Schedule 9 are hereby repealed to the extent specified in the third column of that Schedule.
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(9) Without prejudice to section 47, nothing in this Act affects the operation, in relation to any time before the com- 10 mencement of this Act, 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, omis- sions and alterations.
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10
15
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49.—(1) This Act may be cited as the British Nationality Act 1981.
(2) This Act shall come into force on such day as the Secretary 20 of State may by order made by statutory instrument appoint.
(3) This Act extends to Northern Ireland.
(4) The provisions of this Act, except those mentioned in sub- section (6), extend to the Islands and all dependent territories; and section 36 of the Immigration Act 1971 (power to extend 25 provisions of that Act to Islands) shall apply to the said excepted provisions as if they were provisions of that Act.
(5) For the purposes of section 3(3) of the West Indies Act 1967 it is hereby declared that the provisions of this Act, except those mentioned in subsection (6), extend to all associated states. 30
(6) The provisions referred to in subsections (4) and (5) are...—
(a) section 36 and Schedule 4 ;
(b) section 48(7) and Schedule 8 so far as they relate to
the Immigration Act 1971; and
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20
25
30
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(c) section 48(8) and Schedule 9 so far as they relate to 35 40
provisions of the Immigration Act 1971 other than Schedule 1.
British Nationality
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SCHEDULES
SCHEDULE 1
REQUIREMENTS FOR NATURALISATION
Naturalisation as a British citizen under section 4(1)
1.-(1) Subject to paragraph 2, the requirements for naturalisation as a British citizen under section 4(1) are, in the case of any person who applies for it--
(a) the requirements specified in sub-paragraph (2) of this para- graph, 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 or Welsh
language; and
(d) that either
(i) his intentions are such that, in the event of a certifi- cate of naturalisation as a British citizen being granted to him, his home or (if he has more than one) his princi- pal 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 ser- vice 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 society, company or body of persons 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 begin- ning 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 re- striction 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) 45 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.
Sections 4 and 16.