omitted did not have any legislative (as opposed to merely declaratory) effect and that their inclusion might cause confusion
16. We understand in addition that there may be some difficulty with the proposed Article 7(4)(b) of the Order, whereby at present it is contemplated that BN(O)s will become Commonwealth citizens. If there are policy reasons for their not being Commonwealth citizens, but nevertheless enjoying the rights of and be subject to the duties of Commonwealth citizens, a possible alternative form of words might be:-
'For the purposes of any enactment whatever passed or made before or after the coming into operation of this Order a British National (Overseas) shall be treated in all respects as if he were a Commonwealth citizen'.
15 March 1985
John Granger
JOHN GRAINGER Legal Advisers W44/3 233 4816