PART V
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"Statement of right of abode
in United
Kingdom.
British Nationality
2.-(1) A person is under this Act to have the right of abode in the United Kingdom if-
(a) he is a British citizen; or
(b) he is a Commonwealth citizen who
(i) immediately before the commence- 5 ment of the British Nationality Act 1981 was a Commonwealth citizen having the right of abode in the United Kingdom by virtue of section 2(1)(d) or section 2(2) of this Act as then in force; and
(ii) has not ceased to be a Common- wealth citizen in the meanwhile.
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(2) In relation to Commonwealth citizens who have the right of abode in the United Kingdom by virtue of subsection (1)(b) above, this Act, except 15 this section and sections 3(9) and (9A), 5(2) and 13(3), shall apply as if they were British citizens; and in this Act (except as aforesaid) British citizen shall be construed accordingly. ".
""
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20 (3) For section 3(9) (certificates of patriality) there shall be 20 substituted-
"(9) A person within this subsection seeking to enter the United Kingdom and claiming to have the right of abode there shall prove that he has that right by means of such certificate of entitlement as may be specified in the 25 immigration rules, unless-
(a) he claims to be a British citizen and produces (or is present when there is produced) a United King- dom passport describing him as such a citizen or a United Kingdom passport describing him as a 30 citizen of the United Kingdom and Colonies hav- ing the right of abode in the United Kingdom;
or
(b) in the case of a woman falling within subsection
(9A)(b) below who claims to be a British citizen as 35 there mentioned by virtue of section 2(2) of this Act as in force immediately before the commence- ment of the British Nationality Act 1981, she shows that immediately before that commence- ment she-
(i) was a citizen of the United Kingdom and
Colonies; and
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(ii) had the right of abode in the United King- dom by virtue of section 2(2) of this Act, as then in force, apart from any reference 45
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British Nationality
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therein to section 2(1)(c) or (d) as then in force.
(9A) A person is within subsection (9) above if-
(a) he is not a British citizen; or
(b) he claims to be a British citizen by virtue of section 9(1) of the British Nationality Act 1981 on the ground that immediately before the commence- ment of that Act he had the right of abode in the United Kingdom by virtue of section 2(1)(c) or section 2(2) of this Act, as then in force.".
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(4) For so much of section 13(3) as precedes the words "and a person (restriction of right of appeal against decision that leave to enter the United Kingdom is required) there shall be sub- stituted
(3) A person within section 3(9) above who does not hold a certificate of entitlement shall not be entitled to appeal on the ground that he has the right of abode in the United Kingdom against a decision that he requires leave to enter the United Kingdom unless---
(a) he claims to be a British citizen and produces (or is present when there is produced) a United King- dom passport describing him as such a citizen or a United Kingdom passport describing him as a citizen of the United Kingdom and Colonies having the right of abode in the United Kingdom; or (b) in the case of such a woman as is mentioned in paragraph (b) of section 3(9) above, she shows that immediately before the commencement of the British Nationality Act 1981 she satisfied the con- ditions specified in sub-paragraphs (i) and (ii) of that paragraph; ".
(5) Schedule 4 (which contains further amendments of the Immigration Act 1971) shall have effect.
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PART V
1971 c. 77. (6) In section 90 of the Mental Health Act 1959 and section 1959 c. 72. 35 82 of the Mental Health (Scotland) Act 1960 (removal of non- 1960 c. 61.
patrial in-patients to places outside the United Kingdom), for the words from " any patient" to " 1971 and " (which were sub- stituted for " any person being an alien by section 30(1) of the Immigration Act 1971) there shall be substituted “any patient 40 who is neither a British citizen nor a Commonwealth citizen having the right of abode in the United Kingdom by virtue of section 2(1)(b) of the Immigration Act 1971, being a patient". (7) A certificate of patriality issued under the Immigration Act 1971 and in force immediately before commencement shall 45 have effect after commencement as if it were a certificate of entitlement issued under that Act as amended by this section,
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