PART II

24

British Nationality

became a citizen of the British Dependent Territories at commencement and immediately before commence- ment-

(i) was a citizen of the United Kingdom and Colonies by virtue of section 5 of the 1948 Act 5 (citizenship by descent); or

5

(ii) was a person who, under any provision of the British Nationality Acts 1948 to 1965, was deemed for the purposes of the proviso to section 5(1) of the 1948 Act to be a citizen of the United Kingdom 100 and Colonies by descent only, or would have been so deemed if male; or

(c) subject to subsection (2), he is a person born outside the dependent territories before commencement who became a citizen of the British Dependent Territories at 15 15 commencement under section 23(1)(b) only; or

(d) subject to subsection (2), being a woman, she became a citizen of the British Dependent Territories at commencement under section 23(1)(c) only, and did so only by virtue of having been, immediately before 20 commencement or earlier, the wife of a man who immediately after commencement was, or would but for his death have been, a citizen of the British Depen- dent Territories by descent by virtue of paragraph (b) or (c) of this subsection; or

25

(e) subject to subsection (2), being a woman born outside the dependent territories before commencement, she is a citizen of the British Dependent Territories as a result of her registration as such a citizen under section 20 by virtue of being or having been married to a man 30 who at commencement became such a citizen by descent or would have done so but for his having died or ceased to be a citizen of the United Kingdom and Colonies as a result of a declaration or renuncia- tion; or

20

British Nationality

25

citizen of the British Dependent Territories as a result of a declaration of renunciation, was such a citizen by descent; or

(h) he is a person born in the United Kingdom after com- mencement who is a citizen of the British Dependent Territories by virtue of paragraph 1 of Schedule 2.

(2) A person born outside the dependent territories before commencement is not a citizen of the British Dependent Terri- tories "by descent" if his father was at the time of his birth serving outside the dependent territories in service of a descrip- tion mentioned in subsection (3), his recruitment for the service in question having taken place in a dependent territory.

(3) The descriptions of service referred to in subsection (2)

are-

(a) Crown service under the government of a dependent

territory; and

(b) service of any description at anv time designated under

section 16(3).

PART III

BRITISH OVERSEAS CITIZENSHIP

PART II

26. Any person who was a citizen of the United Kingdom and Citizens of Colonies immediately before commencement and who does not U.K. and at commencement become either a British citizen or a citizen Colonies who

are to become of the British Dependent Territories shall at commencement British 25 become a British Overseas citizen.

35130

(f) he is a citizen of the British Dependent Territories by virtue of registration under section 22 who, having be- fore commencement ceased to be a citizen of the United Kingdom and Colonies as a result of a declaration of renunciation, would, if he had not so ceased, have at 40 65 commencement become a citizen of the British Depen- dent Territories by descent by virtue of paragraph (b), (c) or (d);

(g) he is a citizen of the British Dependent Territories by

virtue of registration under section 13 (as applied by 4540 section 24) who, immediately before he ceased to be a

Overseas citizens at commence- ment.

27.—(1) If while a person is a minor an application is made Registration for his registration as a British Overseas citizen, the Secretary of minor of State may, if he thinks fit, cause him to be registered as such a citizen.

(2) A person born in a foreign country within five years after commencement shall be entitled, on an application for his regis- tration as a British Overseas citizen made within the period of twelve months from the date of the birth, to be registered as such a citizen if the Secretary of State is satisfied----

(a) that the requirements referred to in subsection (1)(a) of section 8 are fulfilled in the case of that person's father, subsection (2)(b) of that section being for the purposes of this paragraph read as if—

(i) any reference to becoming a British citizen were a reference to becoming a citizen of any of the fol- lowing descriptions, namely a British citizen, a citizen

children.

Share This Page