TNAG-1085-FCO40-1335-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 28

British Nationality

PART V

42

X

dependent territory

1870 c. 14.

1971 c. 77.

1978 c. 30.

66

56

,,

means a colony or associated state mentioned in Schedule 6;

66

enactment" includes an enactment comprised in Northern

Ireland legislation ;

'foreign country means a country other than the United 5 Kingdom, a dependent territory, a country mentioned in Schedule 3 and the Republic of Ireland;

"the former nationality Acts " means--

(a) the British Nationality Acts 1948 to 1965; (b) the British Nationality and Status of Aliens 10 Acts 1914 to 1943; and

(c) any Act repealed by the said Acts of 1914 to 1943 or by the Naturalization Act 1870; Governor ", in relation to a dependent territory, includes

the officer for the time being administering the govern- 15 ment of that territory ;

"High Commissioner includes an acting High Commis-

sioner; 'immigration laws

35

(a) in relation to the United Kingdom, means the 20 Immigration Act 1971 and any law for purposes similar to that Act which is for the time being or has at any time been in force in any part of the United Kingdom;

(b) in relation to a dependent territory, means any 25 law for purposes similar to the Immigration Act 1971 which is for the time being or has at any time been in force in that territory ;

the Islands " means the Channel Islands and the Isle

of Man ;

5

66

British Nationality

43

the United Kingdom means Great Britain, Northern

Ireland and the Islands, taken together;

'United Kingdom consulate ” means the office of a con- sular officer of Her Majesty's government in the United Kingdom where a register of births is kept or, where there is no such office, such office as may be prescribed.

(2) Subject to subsection (3), references in this Act to a per- son being settled in the United Kingdom or in a dependent 10 territory are references to his being ordinarily resident in the United Kingdom or, as the case may be, in that territory with- out being subject under the immigration laws to any restriction on the period for which he may remain.

(3) Subject to subsection (4), a person is not to be regarded for 15 the purposes of this Act-

20

25

30

30

66

minor

,

means a person who has not attained the age of eighteen years;

"prescribed" means prescribed by regulations made under

35

section 41;

66 settled "shall be construed in accordance with subsection 35

(2);

66

ship" includes a hovercraft;

40

<

statutory provision means any enactment or any pro-

vision contained in-

(a) subordinate legislation (as defined in section 40 21(1) of the Interpretation Act 1978); or

(b) any instrument of a legislative character made under any Northern Ireland legislation;

PART V

(a) as having been settled in the United Kingdom at any time when he was entitled to an exemption under section 8(3) or (4)(b) or (c) of the Immigration Act 1971 c. 77. 1971 or, unless the order under section 8(2) of that Act conferring the exemption in question provides otherwise, to an exemption under the said section 8(2), or to any corresponding exemption under the former immigration laws; or

(b) as having been settled in a dependent territory at any time when he was under the immigration laws en- titled to any exemption corresponding to any such exemption as is mentioned in paragraph (a) (that para- graph being for the purposes of this paragraph read as if the words from unless to otherwise were omitted).

ઃ

CC

""

(4) A person to whom a child is born in the United Kingdom after commencement is to be regarded for the purposes of section 1(1) as being settled in the United Kingdom at the time of the birth if

(a) he would fall to be so regarded but for his being at that time entitled to an exemption under section 8(3) of the Immigration Act 1971; and

(b) immediately before he became entitled to that exemption

he was settled in the United Kingdom; and

(c) he was ordinarily resident in the United Kingdom from the time when he became entitled to that exemption to the time of the birth;

but this subsection shall not apply if at the time of the birth the child's father or mother is a person on whom any immunity

45 from jurisdiction is conferred by or under the Diplomatic Privi- 1964 c. 81.

leges Act 1964.

(203)

C2