SCH. 1
British Nationality
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Periods to be treated as periods of absence from U.K. or a dependent territory
9.-(1) For the purposes of this Schedule a person shall (subject to paragraph 2(b)) be treated as having been absent from the United 5 Kingdom during any of the following periods, that is to say-
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British Nationality
(a) treat the applicant as fulfilling the requirement specified in paragraph 5(2)(a) or paragraph 5(2)(b), or both, although the number of days on which he was absent from the rele- vant territory in the period there mentioned exceeds the number there mentioned;
(b) treat the applicant as having been in the relevant territory for the whole or any part of any period during which he would otherwise fall to be treated under paragraph 9(2) as having been absent;
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(c) disregard any such restriction as is mentioned in paragraph 10
5(2)(c), not being a restriction to which the applicant was subject on the date of the application;
(d) treat the applicant as fulfilling the requirement specified in paragraph 5(2)(d) although he was in the relevant territory in breach of the immigration laws in the period there 15 mentioned;
(e) waive the need to fulfil the requirement specified in paragraph 5(1)(c) if he considers that because of the applicant's age or physical condition it would be unreasonable to expect him to fulfil it.
Naturalisation as a citizen of the British Dependent Territories under section 16(2)
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7. Subject to paragraph 8, the requirements for naturalisation as a citizen of the British Dependent Territories under section 16(2) are, in the case of any person who applies for it-
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(a) that he was in the relevant territory at the beginning of the period of three years ending with the date of the application, and that the number of days on which he was absent from that territory in that period does not exceed 270; and (b) that the number of days on which he was absent from that 30
territory in the period of twelve months so ending does not exceed 90; and
(c) that on the date of the application he was not subject under the immigration laws to any restriction on the period for which he might remain in that territory; and
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(d) that he was not at any time in the period of three years ending with the date of the application in that territory in breach of the immigration laws; and
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(e) the requirements specified in paragraph 5(1)(b) and (c).
8. Paragraph 6 shall apply in relation to paragraph 7 with the 40 following modifications, namely-
(a) the reference to the purposes of paragraph 5 shall be read
as a reference to the purposes of paragraph 7;
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(b) the references to paragraphs 5(2)(a), 5(2)(b) and 5(2)(d) shall
(c) paragraph 6(c) shall be omitted.
be read as references to paragraphs 7(a), 7(b) and 7(d) res- 45 pectively; and
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SCH. 1
(a) any period when he was in the United Kingdom and either was entitled to an exemption under section 8(3) or (4) of the Immigration Act 1971 (exemptions for diplomatic agents 1971 c. 77. etc. and members of the forces) or was a member of the family and formed part of the household of a person so entitled;
(b) any period when he was detained---
(i) in any place of detention in the United Kingdom in pursuance of a sentence passed on him by a court in
the United Kingdom for any offence;
(ii) in any hospital in the United Kingdom under a
hospital order made under Part V of the Mental Health 1959 c. 72. Act 1959 or section 175 or 376 of the Criminal Procedure 1975 c. 21. (Scotland) Act 1975 or Part III of the Mental Health 1961 c. 15 (N.I.). (Northern Ireland) Act 1961; or
(iii) under any power of detention conferred by the immigration laws of the United Kingdom;
(c) any period when, being liable to be detained as mentioned in paragraph (b)(i) or (ii) of this sub-paragraph, he was unlawfully at large or absent without leave and for that reason liable to be arrested or taken into custody;
(d) any period when, his actual detention under any such power as is mentioned in paragraph (b)(iii) of this sub- paragraph being required or specifically authorised, he was unlawfully at large and for that reason liable to be arrested.
(2) For the purposes of this Schedule a person shall (subject to paragraph 6(b)) be treated as having been absent from any particular dependent territory during any of the following periods, that is to say-
(a) any period when he was in that territory and either was entitled to an exemption under the immigration laws of that territory corresponding to any such exemptions as is men- tioned in sub-paragraph (1)(a) or was a member of the family and formed part of the household of a person so entitled ;
(b) any period when he was detained-
(i) in any place of detention in the relevant territory in pursuance of a sentence passed on him by a court in that territory for any offence;
(ii) in any hospital in that territory under a direction (however described) made under any law for purposes similar to Part V of the Mental Health Act 1959 which was for the time being in force in that territory, being a direction corresponding to a hospital order under that Part;
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