TNAG-1125-FCO40-1400-British-Nationality-Act-1981-and-the-Dependent-Territories-1982 — Page 35

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C

B

(a) be simplified as compared with the present almost

incomprehensible definition;

(b) cover all who are covered by the present definition;

and

(c) possibly extend the present coverage in relation

to people connected with Gibraltar if the Gibraltar Government should extend 'Gibraltarian status' to all who become British Dependent Territories Citizens by a connection with Gibraltar.

A UK national for EC purposes enjoys, among other things, free movement within the EC in order to seek employment or establishment. The present definition broadly covers citizens of the United Kingdom and Colonies and certain residual British subjects who have the right of abode in the United Kingdom and Citizens of the United Kingdom and Colonies who have a connection with Gibraltar. After the coming into force of the British Nationality Act 1981 on 1 January 1983 the term 'Citizen of the United Kingdom and Colonies' will cease to apply and it will be necessary for the United Kingdom to make a new declaration in the terms of the new Act. As to the UK, (a) and (b) of the attached draft Declaration simply continue the existing coverage of certain CUKCS and British subjects viz those with the right of abode in the UK, in the terms in which they appear in BNA 1981.

4. The 'Gibraltar amendment' (section 5 of BNA 1981), which was adopted in October 1981, reads

'A British Dependent Territories citizen who falls to be treated as a national of the United Kingdom for the purposes of the Community Treaties shall be entitled to be registered as a British citizen if an application is made for his registration as such a citizen.

-

We worked over several months preparing with considerable difficulty - a new definition based on the assumption that its coverage should be restricted so far as possible to the categories covered by the present definition, to accord with the line taken by Government spokesmen during debate on the clause. Mr Howells' letter of 11 December 1981 to the Home Office refers.

5. On 20 September, when we were about to submit the draft definition on this basis for Ministers' approval, the Attorney- General of Gibraltar visited the FCO to discuss draft proposals for changes in Gibraltar legislation in consequence of BNA 1981! These amendments have been prepared in pursuance of our request that dependent territories should revise their immigration and associated Ordinances to accord so far as possible with the Home Secretary's view expressed in Parliament on 28 January 1981 that BDTCs who derive that citizenship from a connection with a particular territory should have the right of residence there. This is the effect of the amendments which Gibraltar Ministers are considering.

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