TNAG-2976-FCO40-1245-Effect-of-the-UK-nationality-laws-on-Dependent-Territories-B-1981 — Page 57

British Nationality

45.

Periods to be treated as periods of absence from U.K. or a dependent

territory

9.-(1) For the purposes of this Schedule a person shall (subject to paragraph 2(b)) be treated as having been absent from the United 5 Kingdom during any of the following periods, that is to say—

10

15

20

25

30%

35

40

45

50

SCH, 1

(a) any period when he was in the United Kingdom and either was entitled to an exemption under section 8(3) or (4) of the Immigration Act 1971 (exemptions for diplomatic agents 1971 c. 77. etc. and members of the forces) or was a member of the family and formed part of the household of a person so entitled ;

(b) any period when he was detained-

r

(i) in any place of detention in the United Kingdom in pursuance of a sentence passed on him by a court in the United Kingdom for any offence;

(ii) in any hospital in the United Kingdom under a hospital order made under Part V of the Mental Health 1959 c. 72. Act 1959 or section 175 or 376 of the Criminal Procedure 1975 c. 21. (Scotland) Act 1975 or Part III of the Mental Health 1961 c. 15 (N.I.). (Northern Ireland) Act 1961; or

↓ 152

I

(iii) under any power of detention conferred by the immigration laws of the United Kingdom;

(c) any period when, being liable to be detained as mentioned in paragraph (b)(i) or (ii) of this sub-paragraph, he was unlawfully at large or absent without leave and for that reason liable to be arrested or taken into custody;

(d) any period when, his actual detention under any such power as is mentioned in paragraph (b)(iii) of this sub- paragraph being required or specifically authorised, he was unlawfully at large and for that reason liable to be arrested.

r!

*:1

(2) For the purposes of this Schedule a person shall, (subject to paragraph 6(b)) be treated as having been absent from any particular dependent territory during any of the following periods, that is to

say—

(a) any period when he was in that territory and either was entitled to an exemption under the immigration laws of that territory corresponding to any such exempions as is men- tioned in sub-paragraph (1)(a) or was a member of the family and formed part of the household of a person so entitled ;

(b) any period when he was detained-

1

(i) in any place of detention in the relevant territory in pursuance of a sentence passed on him by a court in that territory for any offence;

(ii) in any hospital in that territory under a direction (however described) made under any law for purposes similar to Part V of the Mental Health Act 1959 which was for the time being in force in that territory, being a direction corresponding to a hospital order under that Part;

>

!