PART V
Decisions involving exercise of discretion.
Evidence.
Offences and proceedings.
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(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.
44. (1) Any discretion vested by or under this Act in the Secretary of State, a Governor or a Lieutenant-Governor shall 5 be exercised without regard to the race, colour or religion of any person who may be affected by its exercise.
(2) Subject to subsection (1) herein, the Secretary of State, a Governor or a Lieutenant-Governor, as the case may be, shall not be required to assign any reason for the grant or refusal 10;* of any application under this Act 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 in, any court.
45.--(1) Every document purporting to be a notice, certificate, 15. 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 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 20 or on whose behalf it purports to have been given, granted or made.
(2) Prima facie evidence of any such document may be given 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 25 be prescribed.
(3) Any entry in a register made under this Act or any of the former nationality Acts shall be received as evidence (and in Scotland as sufficient evidence) of the matters stated in the entry.
(4) A certificate given by or on behalf of the Secretary of State that a person was at any time in Crown service under the govern- ment of the United Kingdom or that a person's recruitment for such service took place in the United Kingdom shall, for the purposes of this Act, be conclusive evidence of that fact.
46. (1) Any person who for the purpose of procuring any- thing to be done or not to be done under this Act---
(a) makes any statement which he knows to be false in a
material particular; or
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to imprisonment for a term not exceeding three months or to a fine not exceeding £1000, or both.
(2) Any person who without reasonable excuse fails to comply with any requirement imposed on him by regulations made 5 under this Act with respect to the delivering up of certificates of naturalisation shall be liable on summary conviction in the United Kingdom to a fine not exceeding £500.
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(3) In the case of an offence under subsection (1)—-
(a) any information relating to the offence may in England and Wales be tried by a magistrates' court if it is laid within six months after the commission of the offence, or if it is laid within three years after the commission of the offence and not more than two months after the date certified by a chief officer of police to be the date on which evidence sufficient to justify proceedings came to the notice of an officer of his police force; and (b) summary proceedings for the offence may in Scotland be commenced within six months after the commission of the offence, or within three years after the commis- sion of the offence and not more than two months after the date on which evidence sufficient in the opinion of the Lord Advocate to justify proceedings came to his knowledge; and
(c) a complaint charging the commission of the offence may in Northern Ireland be heard and determined by a magistrates' court if it is made within six months after the commission of the offence, or if it is made within three years after the commission of the offence and not more than two months after the date certified by an officer of police not below the rank of assistant chief constable to be the date on which evidence sufficient to justify the proceedings came to the notice of the police in Northern Ireland.
(4) For the purposes of subsection (3)(b) proceedings shall 35 be deemed to be commenced on the date on which a warrant to apprehend or to cite the accused is granted, if such warrant is executed without undue delay; and a certificate of the Lord Advocate as to the date on which such evidence as is mentioned in subsection (3)(b) came to his knowledge shall be conclusive 40 evidence.
(b) recklessly makes any statement which is false in a 40 45
material particular,
shall be liable on summary conviction in the United Kingdom
(5) For the purposes of the trial of a person for an offence under subsection (1) or (2), the offence shall be deemed to have been committed either at the place at which it actually was committed or at any place at which he may be.
(6) In their application to the Bailiwick of Jersey subsections (1) and (2) shall have effect with the omission of the words summary conviction ".
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PART V
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