TNAG-1085-FCO40-1335-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 25

PART V

1953 c. 20.

1953 c. 37.

1965 c. 49.

Registration and

naturalisation: general provisions.

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British Nationality

(4) Her Majesty may by Order in Council provide for any Act or Northern Ireland legislation to which this subsection applies to apply, with such adaptations and modifications as appear to Her necessary, to births and deaths registered—

(a) in accordance with regulations made in pursuance of 5

subsection (1)(g) to (i) of this section or subsection (1)(f) and (g) of section 29 of the 1948 Act; or

(b) at a consulate of Her Majesty in accordance with regulations made under the British Nationality and Status of Aliens Acts 1914 to 1943 or in accordance 10 with instructions of the Secretary of State; or

(c) by a High Commissioner for Her Majesty's govern- ment in the United Kingdom or members of his official staff in accordance with instructions of the Secretary of State;

and an Order in Council under this subsection may exclude, in relation to births and deaths so registered, any of the provisions of section 45.

(5) Subsection (4) applies to—

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(a) the Births and Deaths Registration Act 1953, the Regis- 20: 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 time being in force (whether passed or made before or after commencement) as relates to the registration 25 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- 3( tion of either House of Parliament.

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10

British Nationality

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(ii) the person concerned has taken an oath of allegiance in

the form indicated in Schedule 5.

(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 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 of this section.

(4) A person registered under any provision of this Act as a 15 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 British subject as from the date on which he is so registered.

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(5) A person to whom a certificate of naturalisation as a British citizen or as a citizen of the British Dependent Territories is 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

functions of

43.—(1) Subject to subsection (3), the Secretary of State may, Exercise of in the case of any of his functions under this Act with respect to Secretary of 25 any of the matters mentioned in subsection (2), make arrange-State by

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42.-(1) Subject to subsection (2)—

(a) a person shall not be registered under any provision of this Act as a citizen of any description or as a British subject; and

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(b) a certificate of naturalisation shall not be granted to a

person under any provision of this Act,

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unless-

(i) any fee payable by virtue of this Act in connection with

the registration or, as the case may be, the grant of the 40 certificate has been paid; and

ments for that function to be exercised-

(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 40 by this Act.

Governors and others.