PART V
1953 c. 20.
1953 c. 37.
1965 c. 49.
Registration and
naturalisation: general provisions.
30
British Nationality
(5) Subsection (4) applies to--~~
(a) the Births and Deaths Registration Act 1953, the Regis- tration Service Act 1953 and the Registration of Births, Deaths and Marriages (Scotland) Act 1965; and (b) so much of any Northern Ireland legislation for the 5
time being in force (whether passed or made before or after commencement) as relates to the registration of births and deaths.
(6) The power to make regulations under subsection (1) or (2) shall be exercisable by statutory instrument.
(7) Any regulations or Order in Council made under this section shall be subject to annulment in pursuance of a resolu- tion of either House of Parliament.
39.-(1) Subject to subsection (2)––
British Nationality
31
granted under any provision of this Act shall be a citizen of that description as from the date on which the certificate is granted.
PART V
Exercise of functions of Secretary of
40.-(1) Subject to subsection (3), the Secretary of State may, in the case of any of his functions under this Act with respect to 5 any of the matters mentioned in subsection (2), make arrange-State by
ments for that function to be exercised-
10
10
(a) a person shall not be registered under any provision of 15 15
this Act as a citizen of any description or as a British subject; and
(b) a certificate of naturalisation shall not be granted to a
person under any provision of this Act,
unless-
20 (i) any fee payable by virtue of this Act in connection with the registration or, as the case may be, the grant of the certificate has been paid; and
(ii) the person concerned has taken an oath of allegiance in
the form indicated in Schedule 5.
25
(2) So much of subsection (1) as requires the taking of an oath of allegiance shall not apply to a person who---
(a) is not of full age; or
(b) is already a British citizen, a citizen of the British
Dependent Territories, a British Overseas citizen, a 30 British subject, or a citizen of any country of which Her Majesty is Queen.
(3) Any provision of this Act which provides for a person to be entitled to registration as a citizen of any description or as a British subject shall have effect subject to the preceding provisions 35 of this section.
(4) A person registered under any provision of this Act as a British citizen, or as a citizen of the British Dependent Ter- ritories, or as a British Overseas citizen, or as a British subject, shall be a citizen of that description or, as the case may be, a 40 British subject as from the date on which he is so registered.
(5) A person to whom a certificate of naturalisation as a British citizen or as a citizen of the British Dependent Territories is
(a) in any of the Islands, by the Lieutenant-Governor in cases concerning British citizens or British citizenship; (b) in any dependent territory which is for the time being a colony, by the Governor in cases concerning citizens of the British Dependent Territories or citizenship of the British Dependent Territories.
(2) The said matters are--
(a) registration and naturalisation; and
(b) renunciation, resumption and deprivation of British citizenship or citizenship of the British Dependent Ter- ritories.
(3) Nothing in this section applies in the case of any power to make regulations or rules conferred on the Secretary of State 20 by this Act.
(4) Arrangements under subsection (1) may provide for any such function as is there mentioned to be exercisable only with the approval of the Secretary of State.
Governors and others.
discretion.
41. The Secretary of State, a Governor or a Lieutenant- Decisions 25 Governor, as the case may be, shall not be required to assign any involving
reason for the grant or refusal of any application under this Act exercise of the decision on which is at his discretion; and the decision of the Secretary of State or a Governor or Lieutenant-Governor on any such application shall not be subject to appeal to, or review 30 in, any court.
42. (1) Every document purporting to be a notice, certificate, Evidence. order or declaration, or an entry in a register, or a subscription of an oath of allegiance, given, granted or made under this Act or any of the former nationality Acts shall be received in evidence 35 and shall, unless the contrary is proved, be deemed to have been given, granted or made by or on behalf of the person by whom or on whose behalf it purports to have been given, granted or made.
!
(2) Prima facie evidence of any such document may be given 40 by the production of a document purporting to be certified as
a true copy of it by such person and in such manner as may be prescribed.
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