SCH. 7

1948 c. 56.

56

British Nationality

SOLOMON ISLANDS ACT 1978 (c.15)

In section 6 (construction of nationality provisions)——

tute

(a) in subsection (1), for "section 1(3) of the 1948 Act" substi-

Schedule 3 to the British Nationality Act 1981 "; (b) for subsection (2) substitute—

5

5

(2) The following provisions of the British Nation- ality Act 1981, namely, sections 42 (evidence), 43 (offences and proceedings), 45 (posthumous children) and 46 (interpretation) shall have effect for the purposes of sections 2 to 6 of this Act as if those sections of this 10 Act were included in that Act."; and

(c) in subsection (3), for "section 23(2) of the 1948 Act)" substitute section 44(2) of the British Nationality Act 1981)".

ADOPTION (SCOTLAND) ACT 1978 (c.28)

In section 41(2) (nationality enactments)-

15

(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, citizenship 20 of the British Dependent Territories or British Overseas citizenship.".

K4

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

"C

for "section

25

1(3) of the British Nationality Act 1948 substitute 30

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-

55

(a) a British citizen, a citizen of the British Dependent Terri- 35

tories 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)".

IRAN (TEMPORARY POWERS) ACT 1980 (c.28)

In section 1(4) (offences under Order in Council in relation to contracts relating to or connected with Iran), for paragraph (a) substitute-

"(a) a British citizen, a citizen of the British Dependent Terri- tories, a British Overseas citizen, a person who is under the

10

British Nationality

57

a British subject, or a British Nationality Act 1981 British protected person within the meaning of that Act;

or ".

SCHEDULE 8

TRANSITIONAL PROVISIONS

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 15 to receive it on behalf of the person to whom it is made but

which at commencement has not been determined.

20

(2) In relation to any application to which this paragraph applies- (a) the British Nationality Acts 1948 to 1965 and all regula-

tions 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 25 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 pro-

vision of those Acts,

30 that person, instead of becoming a citizen or subject of that descrip- tion, shall become under this Act such a citizen or subject as he would have become at commencement if, immediately before commence- ment, he had been such a citizen or subject as is mentioned in para- graph (i) or (ii), as the case may be.

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40

40

45

45

2. Where a person to whom a certificate of naturalisation has been granted before commencement has at commencement not yet taken the oath of allegiance, paragraph 1(2) shall apply as if the application on which 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

SCH. 7

Section 48(7).

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