SCH. 2

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British Nationality

(3) A person shall not be a British subject by virtue of this paragraph if by virtue of it he is a citizen of a description mentioned in sub-paragraph (2).

Persons born in a dependent territory after commencement 2.-(1) Where a person born in a dependent territory after com- 5 mencement would, but for this paragraph, be born stateless, then, subject to sub-paragraph (3)—

(a) if at the time of the birth his father or mother is a citizen or subject of a description mentioned in sub-paragraph (2), he shall be a citizen or subject of that description; 10 and accordingly

(b) if he is born legitimate and at the time of the birth each of his parents is a citizen or subject of a different descrip- tion so mentioned, he shall be a citizen or subject of the same description so mentioned as each of them is re- 15 spectively at that time.

British Nationality

Persons born outside the United Kingdom and the dependent territories after commencement

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4.-(1) A person born outside the United Kingdom and the depen- dent territories after commencement shall be entitled, on an applica-

5 tion for his registration under this paragraph, to be so registered if

the Secretary of State is satisfied—

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(2) The descriptions referred to in sub-paragraph (1) are a British citizen, a British Overseas citizen and a British subject under this Act.

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(3) A person shall not be a British subject by virtue of this para- 20 graph if by virtue of it he is a citizen of a description mentioned in sub-paragraph (2).

Persons born in the United Kingdom or a dependent territory after

commencement

3.-(1) A person born in the United Kingdom or a dependent 25 territory after commencement shall be entitled, on an application for his registration under this paragraph, to be so registered if the Secretary of State is satisfied-

(a) that he is and always has been stateless; and

(b) that on the date of the application he had attained the age 30

of ten but was under the age of twenty-two; and

(c) that he was in the United Kingdom or a dependent terri- tory (no matter which) at the beginning of the period of five years ending with that date and that (subject to para- graph 6) the number of days on which he was absent from 35 both the United Kingdom and the dependent territories in that period does not exceed 450.

(2) A person entitled to registration under this paragraph-

(a) shall be registered under it as a British citizen if the Secre-

tary of State is satisfied that, in the period of five years 40 mentioned in sub-paragraph (1), the number of days wholly or partly spent by him in the United Kingdom exceeds the number of days wholly or partly spent by him in the dependent territories ;

(b) in any other case, shall be registered under it as a citizen 45

of the British Dependent Territories.

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(a) that that person is and always has been stateless; and (b) that at the time of that person's birth his father or mother was a citizen or subject of a description mentioned in sub-paragraph (4); and

(c) that that person was in the United Kingdom or a dependent territory (no matter which) at the beginning of the period of three years ending with the date of the application and that (subject to paragraph 6) the number of days on which he was absent from both the United Kingdom and the dependent territories in that period does not exceed 270. (2) A person entitled to registration under this paragraph-

(a) shall be registered under it as a citizen or subject of a des- scription available to him in accordance with sub-paragraph (3); and (b) if more than one description is so available to him, shall be registered under this paragraph as a citizen of whichever one or more of the descriptions so available to him is or are stated in the application under this paragraph to be wanted.

(3) For the purposes of this paragraph the descriptions of citizen or subject available to a person entitled to registration under this paragraph are—

(a) in the case of a person whose father or mother was at the time of that person's birth a citizen of a description men- tioned in sub-paragraph (4), any description of citizen so mentioned which applied to his father or mother at that time;

(b) in any other case, a British subject under this Act.

(4) The descriptions referred to in sub-paragraphs (1) to (3) are a British citizen, a citizen of the British Dependent Territories, a British Overseas citizen and a British subject under this Act.

Persons born stateless before commencement

5.-(1) A person born before commencement shall be entitled, 40 on an application for his registration under this paragraph, to be so

registered if the Secretary of State is satisfied that, if

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(a) this Act had not been passed, and the enactments repealed or amended by this Act had continued in force accordingly; and

SCH, 2

(b) an application for the registration of that person under

section 1 of the British Nationality (No. 2) Act 1964 (state- 1964 c. 54. less persons) as a citizen of the United Kingdom and Colonies had been made on the date of the application under this paragraph,

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