TNAG-1085-FCO40-1335-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 40

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

SCH. 7

66

"

British Nationality

£6

(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.".

NATIONAL HEALTH SERVICE (SCOTLAND) ACT 1978 5

(c.29)

In paragraph 3 of Schedule 10 (territorial extent)—

*

(a) in the definition of "British protected person",

for the British Nationality Acts 1948 to 1965" substitute "the British Nationality Act 1981"; and

10

1948 c. 56.

(b) in the definition of "excepted ship or aircraft", for "section 1(3) of the British Nationality Act 1948 substitute

Schedule 3 to the British Nationality Act 1981 ".

Section 52(7).

"C

STATE IMMUNITY ACT 1978 (c.33)

means

means-

In section 4(5) (definition of "national of the United Kingdom "), 15 for the words from

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

tories or a British Overseas citizen; or

(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)".

SCHEDULE 8

TRANSITIONAL PROVISIONS

Applications for naturalisation or registration pending at commencement

1.-(1) This paragraph applies to any application—

(a) for registration under any provision of the British Nationality Acts 1948 to 1965 as a citizen of the United Kingdom and Colonies or as a British subject; or

British Nationality

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(ii) a British subject by virtue of registration under any pro-

vision of those Acts,

that person, instead of becoming a citizen or subject of that descrip- tion, shall become under this Act such a citizen or subject as he would 5 have become at commencement if, immediately before commence- ment, he had been such a citizen or subject as is mentioned in para- graph (i) or (ii), as the case may be.

(3) Sub-paragraph (2) shall have effect as if the references in it to the British Nationality Acts 1948 to 1965 did, and as if the refer- 10 ence in paragraph (b) of it to this Act did not, include section 49 of

this Act.

2. Where a person who has been registered or to whom a certificate of naturalisation has been granted before the passing of this Act has at commencement not yet taken the oath of allegiance, para- 15 graph 1(2) shall apply as if the application on which he was re- gistered or the certificate was granted were an application to which paragraph 1 applies.

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20

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(b) for a certificate of naturalisation under section 10 of the 30

1948 Act,

which is received before commencement by a person authorised to receive it on behalf of the person to whom it is made but which at commencement has not been determined.

(2) In relation to any application to which this paragraph applies- 35 (a) the British Nationality Acts 1948 to 1965 and all regula- tions and arrangements in force under them immediately before commencement shall (so far as applicable) continue to apply; and

(b) this Act shall not apply;

but on the granting of such an application and the taking under those Acts of such other steps as are necessary for the person in question to become-

(i) a citizen of the United Kingdom and Colonies by virtue

of any provision of those Acts; or

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Registration at U.K. consulate, after commencement, of certain births occurring in foreign countries less than a year before

commencement

3.--(1) This paragraph applies to a person born less than a year before commencement if-

(a) the birth occurred in a place in a foreign country (within the

meaning of the 1948 Act); and

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(b) at the time of the birth his father was a citizen of the United

Kingdom and Colonies by descent only; and

(c) the birth was not registered at a United Kingdom consulate

before commencement.

(2) If the birth of a person to whom this paragraph applies is regis- 30 tered at a United Kingdom consulate within one year of its occur- rence, he shall be deemed for the purposes of this Act to have been, immediately before commencement, a citizen of the United Kingdom and Colonies by virtue of section 5 of the 1948 Act (citizenship by descent).

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(3) References in this paragraph to the 1948 Act are references to that Act as in force at the time of the birth in question.

Declarations by certain persons who by virtue of an Order in Council under section 4 of the Cyprus Act 1960 have ceased to be citizens of the United Kingdom and Colonies

40 4.-(1) Where-

45

45

SCH. 8

(a) a person has before commencement duly made a declara-

tion under section 4(2) of the Cyprus Act 1960 of his 1960 c. 52. intention to resume citizenship of the United Kingdom and Colonies; but

(b) at commencement the declaration has not been registered, the Secretary of State shall cause the declaration to be registered.

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