SCH. 1
1971 c. 77,
1959 c. 72.
1975 c. 21.
1961 c. 15 (N.I.).
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British Nationality
(b) the references to paragraphs 5(2)(a), 5(2)(b) and 5(2)(d) shall be read as references to paragraphs 7(a), 7(b) and 7(d) res- pectively;
(c) paragraph 6(c) shall be omitted; and
(d) afer paragraph (e) there shall be added--
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5
"(f) waive the need to fulfil all or any of the re- quirements specified in paragraph 7(a) and (b) if on the date of the application the person to whom the applicant is married is serving in service to which section 16(1)(b) applies, that person's recruitment for that service having 10 taken place in a dependent territory.".
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 15 Kingdom during any of the following periods, that is to say-
(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 etc. and members of the forces) or was a member of the 20 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 25 the United Kingdom or elsewhere for any offence ;
(ii) in any hospital in the United Kingdom under a hospital order made under Part V of the Mental Health Act 1959 or section 175 or 376 of the Criminal Procedure (Scotland) Act 1975 or Part III of the Mental Health 30 Act (Northern Ireland) 1961, being an order made in connection with his conviction of an offence; 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 35 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- 40 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 45
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 exemption as is men-
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15
20
25
30
35
40
British Nationality
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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 or elsewhere for any offence;
SCH. 1
(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 1959 c. 72. was for the time being in force in that territory, being a direction made in connection with his conviction of an offence and corresponding to a hospital order under that Part;
(ii) under any power of detention conferred by the immigration laws of that territory; (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.
10. In this Schedule given by section 18(3).
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Interpretation
the relevant territory" has the meaning
SCHEDULE 2
PROVISIONS FOR REDUCING STATELESSNESS
Persons born in the United Kingdom after commencement 1.-(1) Where a person born in the United Kingdom after com- mencement would, but for this paragraph, be born stateless, then, subject to sub-paragraph (3)—
(a) if at the time of the birth his father or mother is a citizen or subject of a description mentioned in sub-paragraph
(2), he shall be a citizen or subject of that description; and accordingly
(b) if he is born legitimate and at the time of the birth each of his parents is a citizen or subject of a different description so mentioned, he shall be a citizen or subject of the same description so mentioned as each of them is respectively at that time.
(2) The descriptions referred to in sub-paragraph (1) are a citizen 45 of the British Dependent Territories, a British Overseas citizen
and a British subject under this Act.
Section 36.
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