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Mr Adams
cc ECD(I) SED
RID
PS/M - Luce.
I agree.
уже
Joas
Minister
Mr. Jones (NTD)
A
Mr Luce has seen and
agrees.
Mickerd
27/ü
har fort
16/2/81
DEFINITION OF UK NATIONAL FOR EC PURPOSES
Problem
1. The definition of UK national annexed to the Act of Accession will need to be revised in consequence of the new Nationality Act. Should we aim to cover exactly the same categories of people under their new titles or should we take this opportunity to simplify the coverage of the definition?
Recommendation
2.
I recommend that the redefinition should cover all those who are covered by the present definition, and that we should if necessary be prepared to seek to extend the coverage in relation to people connected with Gibraltar. ECD(I), RID and SED and the Legal Advisers concur. The present definition with an explanatory note describing the coverage is at Annex A.
3. The case for taking this opportunity to simplify the definition is that the definition must be almost meaningless and incapable of interpretation by the authorities in the other countries concerned. The experts in NTD had to study the subject most carefully and even then consult the Home Office before being able to identify precisely the categories covered. It is arguable that since one of the purposes of the new Nationality Act is to define the UK belonger in simple terms we should use no other definition unless it is essential to do so. If (a) of the definition at Annex A were replaced by 'British citizen' it might be sufficient to cover essential needs. It would cover all in (i), who form much of the majority of the people covered by the definition. The number of those who fall in category (ii) must now be very small and they could become British citizens if they wish to do so (although one
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/cannot