TNAG-1382-FCO40-1830-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 161

'Y AND IMMIGRATION

gistration

•

n as a British citizen of a person who 1 by virtue of section 23 of the 1981 nt Territories citizens at commence

settled in the Falkland Islands either 1 the case of a parent of that person ately before that parent's death,

the

person to whom the application

as a British citizen of a person who zen by virtue of registration or

s effected in the Falkland Islands in nder section 43 of the 1981 Act tate by Governors and others); or : the naturalisation or registration 1 of a connection which that person <land Islands,

he person to whom the application

to be registered. As to the making of British Nationality Act 1981, s 41, Vol 51, J. Vol 51, p 43. The relevant regulations are 1983 No. 479, regs 3, 4. Schs 1, 2.

ct is subject to the limitation that the right by criminal activity (R v Secretary of State taries of State; see the Interpretation Act ere concerned is the Secretary of State for

of the discretion of the Secretary of State, 4, Vol 51. P 45-

stration or naturalisation under the 17 and 18, Vol 51, pp 24 et seq.

Is". see s 4(1), post; for "parent", see, by 151.p 51 (but see s 47 of that Act, Vol 51, , Vol 51, P 50.

s 4(1), post. For ss 23 and 43 of that Act,

zens "by descent"

the application to him of any purposes of the 1981 Act, be a person who became a British citizen by virtue of this Act but

application to him of any of the itish citizen by virtue of the for the purposes of that Act, be person who became a British

BRITISH NATIONALITY (FALKLAND ISLANDS) ACT 1983, S5

25

a would have been a British citizen by descent if this Act had not been passed;

and

by would not be a British citizen by virtue of this Act but for section 1(1)(b)(ii) or

(iii).

NOTES

British citizen. See the note to s I, ante.

British citizen by descent. As to the meaning of this for the purpose of the British Nationality Act ***, es 14 of that Act, Vol 51, p 21; and as to the acquisition of British citizenship by descent, see's 2 of

Act. Vol 51. p 10.

Commencement. For meaning, see s 4(1), post.

1981 Act. le, the British Nationality Act 1981, Vol 51. p 3, see s 4(1), post.

↓ Supplementary provisions

:: In this Act-

"the 1981 Act" means the British Nationality Act 1981; "commencement" has the same meaning as in the 1981 Act, that is to say the beginning of 1st January 1983 (that being the day appointed under section 53(2) of that Act for the commencement of all except sections 49 and 53 of that Act);

"the Falkland Islands” means the Colony of the Falkland Islands.

z The following provisions of the 1981 Act shall apply for the purposes of this Act as they apply for the purposes of that Act, namely—

a) section 41 (regulations and Orders in Council), so far as it relates to the making

of regulations;

b) section 42 (registration and naturalisation: general provisions), so far as it

relates to registration;

c) section 44 (decisions involving exercise of discretion);

(d) section 45 (evidence);

ie) section 46 (offences and proceedings):

(f) sections 47 and 48 (legitimated and posthumous children); and

(g) section 50 (interpretation).

(3) In the following provisions of the 1981 Act, namely-

(a) section 37(1)(a) (by virtue of which a person who is a British citizen under that

Act has the status of a Commonwealth citizen);

(b) section 40(2)(a) (i) (deprivation of British citizenship of a person registered as a

British citizen under that Act); and

(c) section 51(3)(a)(ii) (meaning of "citizen of United Kingdom and Colonies" in

certain contexts),

for the words "this Act" there shall be substituted the words "the British Nationality Acts 1981 and 1983′′.

NOTES

British Nationality Act 1981. See Vol 51, p 3; and for ss 37(1)(a), 40(2)(a)(i), 41, 42, 44–50, 51(3)(a)(ii) and 53(2) of that Act, see Vol 51, pp 36. 39, 41, 43, 45-49, 53, 55.

Regulations. The British Nationality (Falkland Islands) Regulations 1983, SI 1983 No. 479 (made under the British Nationality Act 1981,5 41(1), Vol 51, p 41. as applied by sub-s (2) above.)

5. Citation, provision for retrospective effect, and extent

(1) This Act may be cited as the British Nationality (Falkland Islands) Act 1983; and this Act and the British Nationality Act 1981 may be cited together as the British Nationality Acts 1981 and 1983.

(2) This Act shall be deemed to have come into force on 1st January 1983 (that is to say at commencement as defined in section 4(1)); and accordingly, subject to subsection (3), where the requirements of any provision of section 1 for the acquisition of British citizenship were satisfied in relation to any person at commencement or at