TNAG-1080-FCO40-1330-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 184

PART V

Meaning of certain expressions relating to

nationality in other Acts and

instruments.

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British Nationality

amend Schedule 6 in any of the following circumstances, namely

(a) where the name of any colony or associated state men-

tioned in it is altered; or

(b) where any colony or associated state mentioned in it is 5

divided into two or more territories, each of those terri- tories being a colony or an associated state.

47. (1) Without prejudice to subsection (3)(c), in any enact- ment or instrument whatever passed or made before commence- ment "British subject" and " Commonwealth citizen have the 10 same meaning, that is—

(a) in relation to any time before commencement—--

(i) a person who under the 1948 Act was at that time a citizen of the United Kingdom and Colonies or who, under any enactment then in force in a 15 country mentioned in section 1(3) of that Act as then in force, was at that time a citizen of that country; and

(ii) any other person who had at that time the status of a British subject under that Act or any 20 other enactment then in force;

(b) in relation to any time after commencement, a person who has the status of a Commonwealth citizen under this Act.

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>>

(2) In any enactment or instrument whatever passed or made 25 after commencement Commonwealth citizen means a person who has the status of a Commonwealth citizen under this Act.

(3) In any enactment or instrument whatever passed or made before commencement-

5

British Nationality

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(c) any reference to a person who is a British subject (or a British subject without citizenship) by virtue of section 2, 13, or 16 of the 1948 Act or by virtue of, or of section 1 of, the British Nationality Act 1965 shall, in 1965 c. 34. relation to any time after commencement, be construed as a reference to a person who under this Act is a British subject.

PART V

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(4) In any statutory provision, whether passed or made before or after commencement, and in any other instrument whatever 10 made after commencement 'alien", in relation to any time after commencement, means a person who is neither a Common- wealth citizen nor a British protected person nor a citizen of the Republic of Ireland.

15

20

(5) The preceding provisions of this section-

(a) shall not apply in cases where the context otherwise

requires; and

(b) shall not apply to this Act or to any instrument made reference to Schedule 3 to this Act, unless the context makes that substitution inappropriate.

48.--(1) In any enactment or instrument whatever passed or Consequential made before commencement, for any reference to section 1(3) of amendments.

transitional the 1948 Act (list of countries whose citizens are Common- provisions, wealth citizens under that Act) there shall be substituted a repeals and reference to Schedule 3 to this Act.

savings.

(2) Subject to subsection (3), Her Majesty may by Order 25 in Council make such consequential modifications of

(a) any enactment of the Parliament of the United Kingdom

passed before commencement;

(b) any provision contained in any Northern Ireland legis-

lation passed or made before commencement; or

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35

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(c) any instrument made before commencement under any

such enactment or provision,

(a) "citizen of the United Kingdom and Colonies

(i) in relation to any time before commencement, means a person who under the 1948 Act was at that time a citizen of the United Kingdom and Colonies;

(ii) in relation to any time after commencement, means a person who under this Act is a British 35 citizen, a citizen of the British Dependent Territories or a British Overseas citizen;

(b) any reference to ceasing to be a citizen of the United Kingdom and Colonies shall, in relation to any time after commencement, be construed as a reference to 40 becoming a person who is neither a British citizen nor a citizen of the British Dependent Territories nor a British Overseas citizen;

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as appear to Her necessary or expedient for preserving after commencement the substantive effect of that enactment, pro- vision or instrument.

(3) Subsection (2) shall not apply in relation to--

(a) the Immigration Act 1971; or

(b) any provision of this Act not contained in Schedule 7. (4) Any Order in Council made under subsection (2) shall be subject to annulment in pursuance of a resolution of either 40 House of Parliament.

(5) Any provision made by Order in Council under sub- section (2) after commencement may be made with retrospec- tive effect as from commencement or any later date.

[20]

C4

1971 c. 77.