TNAG-1085-FCO40-1335-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 39

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

SCH. 7

1948 c. 56.

64

British Nationality

2. In section 214, after subsection (5) insert-

(6) In subsection (1)(b) above, the references to a country mentioned in Schedule 3 to the British Nationality Act 1981 do not include any country which, immediately before the com- mencement of the British Nationality Act 1981, was mentioned 5 in section 1(3) of the British Nationality Act 1948 otherwise than by virtue of an enactment passed after 1956.”.

MERCHANT SHIPPING ACT 1970 (c.36)

1. In section 70(3) (meaning of "British seamen " in section 70), for "the British Nationality Act 1948" substitute "the British 10 Nationality Act 1981 ",

2. In section 93(3) (meaning of "independent Commonwealth country" in section 93), for “section 1(3) of the British Nationality Act 1948" substitute "Schedule 3 to the British Nationality Act 1981 ".

HIJACKING ACT 1971 (c.70)

In section 1(3) (persons not within exceptions to offence of hijack- ing), for paragraphs (a) to (e) substitute-

5

10

15

15

20

"(a) a British citizen, a citizen of the British Dependent Terri-

tories or a British Overseas citizen; or

20

(b) a person who under the British Nationality Act 1981 is a

British subject; or

(c) a British protected person (within the meaning of that Act).”.

CIVIL AVIATION ACT 1971 (c. 75)

In section 64(1) (interpretation), in the definition of "United King- 25 dom national", for paragraphs (a) to (e) substitute--

(b) a person who under the British Nationality Act 1981 is a

British subject; or

PROTECTION OF AIRCRAFT ACT 1973 (c.47)

25

(a) a British citizen, a citizen of the British Dependent Terri-

tories or a British Overseas citizen; or

30

30

(c) a British protected person (within the meaning of that Act).".

In section 1(5) (persons not within exception to offence of destroy- ing etc. aircraft), for paragraphs (a) to (e) substitute-

35

"(a) a British citizen, a citizen of the British Dependent Terri- 35

tories or a British Overseas citizen; or

(b) a person who under the British Nationality Act 1981 is a

British subject; or

40

(c) a British protected person (within the meaning of that Act).".

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1. In Part II of Schedule 1 (adoption orders)----

CHILDREN ACT 1975 (c.72)

(a) in paragraph 7(2)(a), for “the British Nationality Acts 1948 to 1965" substitute "the British Nationality Act 1981"; and

45

British Nationality

65

(b) in paragraph 7(2)(d), for “citizenship of the United Kingdom and Colonies " substitute "British citizenship, citizenship of the British Dependent Territories or British Overseas citi- zenship.".

2. In Schedule 2 (status conferred in Scotland by adoption)—

(a) in paragraph 1(4)(a), for "the British Nationality Acts 1948 to 1965 substitute "the British Nationality Act 1981 ";

and

(b) in paragraph 1(4)(d), for “citizenship of the United Kingdom and Colonies substitute "British citizenship, citizenship of the British Dependent Territories or British Overseas citizenship.".

ADOPTION ACT 1976 (c.36)

In section 47(2) (nationality enactments)---

(a) in paragraph (a), for “the British Nationality Acts 1948 to 1965" substitute "the British Nationality Act 1981"; and (b) in paragraph (d), for “citizenship of the United Kingdom and Colonies substitute British citizenship, citizenship of the British Dependent Territories or British Overseas citizenship.".

"

C

NATIONAL HEALTH SERVICE ACT 1977 (c.49)

In paragraph 3 of Schedule 11 (territorial extent)—

(a) in the definition of "British protected person", for British Nationality Acts 1948 to 1965" substitute British Nationality Act 1981

; and

"the

"the

(b) in the definition of "excepted ship or aircraft ", for "section

SCH. 7

1(3) of the British Nationality Act 1948" substitute 1948 c. 56.

Schedule 3 to the British Nationality Act 1981 ".

66

SOLOMON ISLANDS ACT 1978 (c.15)

In section 6 (construction of nationality provisions) —

<

(a) in subsection (1), for "section 1(3) of the 1948 Act" substi- tute Schedule 3 to the British Nationality Act 1981"; (b) for subsection (2) substitute—

"(2) The following provisions of the British Nation- ality Act 1981, namely sections 45 (evidence), 46 (offences and proceedings), 48 (posthumous children) and 50 (interpretation) shall have effect for the purposes of sections 2 to 6 of this Act as if those sections of this Act were included in that Act."; and

(c) in subsection (3), for "section 23(2) of the 1948 Act)" substitute "section 47(2) of the British Nationality Act 1981)".

ADOPTION (SCOTLAND) ACT 1978 (c.28)

In section 41(2) (nationality enactments)-

(a) in paragraph (a), for the British Nationality Acts 1948 to 1965" substitute "the British Nationality Act 1981 ”; and

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