TNAG-2976-FCO40-1245-Effect-of-the-UK-nationality-laws-on-Dependent-Territories-B-1981 — Page 48

PART V

1914 c. 17.

1870 c. 14.

1967 c. 4.

36

British Nationality

(4) It is hereby declared that a person is not to be treated for the purpose of any provision of this Act as ordinarily resi- dent in the United Kingdom or in a dependent territory at a time when he is in the United Kingdom or, as the case may be, in that territory in breach of the immigration laws.

(5) For the purposes of this Act—

(a) a person shall be taken to have been naturalised in the

United Kingdom if, but only if, he is-

5

(i) a person to whom a certificate of naturalisation was granted under any of the former nationality 10 Acts by the Secretary of State or, in any of the Islands, by the Lieutenant-Governor; or

(ii) a person who by virtue of section 27(2) of the British Nationality and Status of Aliens Act 1914 was deemed to be a person to whom a certificate 15 of naturalisation was granted, if the certificate of naturalisation in which his name was included was granted by the Secretary of State; or

(iii) a person who by virtue of section 10(5) of the Naturalization Act 1870 was deemed to be a natur- 20 alised British subject by reason of his residence with his father or mother;

(b) a person shall be taken to have been naturalised in a

dependent territory if, but only if, he is-

(i) a person to whom a certificate of naturalisation 25 was granted under any of the former nationality Acts by the Governor of that territory or by a person for the time being specified in a direction given in relation to that territory under paragraph 4 of Schedule 3 to the West Indies Act 1967 or' 30 for the time being holding an office so specified; or (ii) a person who by virtue of the said section 27(2) was deemed to be a person to whom a certificate of naturalisation was granted, if the certificate of naturalisation in which his name was included was 35 granted by the Governor of that territory; or

(iii) a person who by the law in force in that terri- tory enjoyed the privileges of naturalisation within that territory only;

and references in this Act to naturalisation in the United King- 40 dom or in a dependent territory shall be construed accordingly.

(6) For the purposes of this Act a person born outside the United Kingdom aboard a ship or aircraft-

(a) shall be deemed to have been born in the United

Kingdom if he was stateless at birth and at the time of 45 the birth the ship or aircraft was registered in the