TNAG-2976-FCO40-1245-Effect-of-the-UK-nationality-laws-on-Dependent-Territories-B-1981 — Page 62

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SCH. 4

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British Nationality

3. (1) For "certificate of patriality", wherever (except in section 33(1)) it occurs in the 1971 Act (that is, in sections 13(2), 22(4)(a) and (5)(a), 26(1)(d) (twice) and paragraph 19(2) of Schedule 2 (twice)) substitute "certificate of entitlement ".

(2) In the entry in section 33(1) which defines "certificate of 5 patriality", for "patriality" substitute "entitlement".

4. In section 3(7) of the 1971 Act (powers available where restric- tions or conditions are imposed on citizens of the United Kingdom and Colonies when leaving or seeking to leave other countries), for "citizens of the United Kingdom and Colonies " substitute "British 10 citizens, citizens of the British Dependent Territories or British Overseas citizens ".

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5. In section 8(5) of the 1971 Act, for the words from "settled " onwards (by virtue of which persons are not to be regarded for the purposes of the 1971 Act as having been settled in the United King- 15 dom while entitled to certain exemptions) substitute "settled in the United Kingdom at any time when he was entitled under the former immigration laws to any exemption corresponding to any of those afforded by subsection (3) or (4)(b) or (c) above or by any order under subsection (2) above.”.

6. In section 25(5) of the 1971 Act (extension of provisions about offences of assisting illegal entry and harbouring to things done outside the United Kingdom by persons of certain descriptions), for para- graphs (a) to (e) substitute-

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“(a) by a British citizen, a citizen of the British Dependent 25

Territories or a British Overseas citizen;

(b) by a person who under the British Nationality Act 1981 is a

British subject; or

(c) by a British protected person (within the meaning of that

Act).".

7. In section 33 of the 1971 Act (interpretation),—

(a) before the definition of "captain" insert-

""United Kingdom passport means a current passport issued by the Secretary of State; ";

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(b) in the definition of "settled", for the words from "with" 35

onwards substitute "with subsection (2A) below ;”; and

(c) after subsection (2) insert-

“(2A) Subject to section 8(5) above, references to a person being settled in the United Kingdom are references to his being ordinarily resident there without 40 being subject under the immigration laws to any restric- tion on the period for which he may remain.".