TNAG-2976-FCO40-1245-Effect-of-the-UK-nationality-laws-on-Dependent-Territories-B-1981 — Page 187

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Our referate: Your reference:

HM Paterson Esq.,

HOME OFFICE Queen Anne's Gate, LONDON, SWIH 9AT

Direct line: 01-213 5303 Stitchboard: 01-213 3000

Nationality and Treaty Department, Foreign and Commonwealth Office Clive House Fetty France

LONDON SW1

Дей Рак,

BRITISH NATIONALITY BILL: NATURALISATION

19 February 1981

Мобидет

Please spea

GNN340/1(27)-E

KATELJ IN LESIKT NO. ZA 4 MAR 1981

The Rehabilitation of Offenders Act 1974 provides that convictions of a specified kind

are, after a specified period deemed to be 'spent" provided the person concerned has

not been convicted again during that period. Particulars of these "spent" convictions

need not be included in the appropriate section of the application form for citizenship,

and are excluded from consideration of applications for citizenship at discretion.

Our Legal Advisers are currently considering whether specific reference to this needs

to be made in the Bill, in paragraph 9(1)(b)(i) and (ii) to Schedule 1 of the Bill

where periods of detention for "spent" offences would not be regarded as absence from

the United Kingdom.

We need to consider whether parallel provision needs to be made for the dependencies,

in the arrangements for naturalisation as a citizen of the British Dependent.

Territories.

We need to know therefore whether:-

(i)

(ii)

(iii)

any dependency has passed legislation comparable to the Rehabilitation of

Offenders Act 1974;

whether they exclude "spent" offences for (or their equivalent) in

considering applications for citizenship at discretion;

whether they would propose to continue doing so when the British Nationality

Bill comes into force and whether therefore provision should be made for this in paragraph 9(2)(b) of Schedule 1 to the Bill.`·

/I realise

(3)

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