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[F142 Registration and naturalisation: citizenship ceremony, oath and pledge

(1)A person of full age shall not be registered under this Act as a British citizen unless he has made the relevant citizenship oath and pledge specified in Schedule 5 at a citizenship ceremony.

(2)A certificate of naturalisation as a British citizen shall not be granted under this Act to a person of full age unless he has made the relevant citizenship oath and pledge specified in Schedule 5 at a citizenship ceremony.

(3)A person of full age shall not be registered under this Act as a British overseas territories citizen unless he has made the relevant citizenship oath and pledge specified in Schedule 5.

(4)A certificate of naturalisation as a British overseas territories citizen shall not be granted under this Act to a person of full age unless he has made the relevant citizenship oath and pledge specified in Schedule 5.

(5)A person of full age shall not be registered under this Act as a British Overseas citizen or a British subject unless he has made the relevant citizenship oath specified in Schedule 5.

(6)Where the Secretary of State thinks it appropriate because of the special circumstances of a case he may—

(a)disapply any of subsections (1) to (5), or

(b)modify the effect of any of those subsections.

(7)Sections 5 and 6 of the Oaths Act 1978 (c. 19) (affirmation) apply to a citizenship oath; and a reference in this Act to a citizenship oath includes a reference to a citizenship affirmation.]

Annotations:

Amendments (Textual)

F1Ss. 42-42B substituted (1.1.2004) for s. 42 by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 3, 162, Sch. 1 para. 1 (with s. 159); S.I. 2003/3156, art. 2(a) (with arts. 3, 4)

Modifications etc. (not altering text)

C1Ss. 41, 42, 44-48 extended by British Nationality (Falkland Islands) Act 1983 (c.6, SIF 87), s. 4(2)(a)-(f)

C2Ss. 40-42, 44-48, 50 extended by British Nationality (Hong Kong) Act 1991 (c.34, SIF 87), s.2(3)

C3S. 42 amended (18.7.1996) by 1996 c. 41, s. 2(2)

C4S. 42 modified (19.3.1997) by 1997 c. 20, s. 2(3)

[F142A Registration and naturalisation: fee

F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Annotations:

Amendments (Textual)

F1Ss. 42-42B substituted (1.1.2004) for s. 42 by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 3, 162, Sch. 1 para. 1 (with s. 159); S.I. 2003/3156, art. 2(a) (with arts. 3, 4)

F2S. 42A repealed (2.4.2007) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 52(7), 61, 62, Sch. 2 para. 2, Sch. 3; S.I. 2007/1109, arts. 4, 5, Sch. (subject to art. 6)

[F142B Registration and naturalisation: timing

(1)A person who is registered under this Act as a citizen of any description or as a British subject shall be treated as having become a citizen or subject—

(a)immediately on making the required citizenship oath and pledge in accordance with section 42, or

(b)where the requirement for an oath and pledge is disapplied, immediately on registration.

(2)A person granted a certificate of naturalisation under this Act as a citizen of any description shall be treated as having become a citizen—

(a)immediately on making the required citizenship oath and pledge in accordance with section 42, or

(b)where the requirement for an oath and pledge is disapplied, immediately on the grant of the certificate.

(3)In the application of subsection (1) to registration as a British Overseas citizen or as a British subject the reference to the citizenship oath and pledge shall be taken as a reference to the citizenship oath.]

Annotations:

Amendments (Textual)

F1Ss. 42-42B substituted (1.1.2004) for s. 42 by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 3, 162, Sch. 1 para. 1 (with s. 159); S.I. 2003/3156, art. 2(a) (with arts. 3, 4)

43 Exercise of functions of Secretary of State by Governors and others

(1)Subject to subsection (3), the Secretary of State may, in the case of any of his functions under this Act with respect to any of the matters mentioned in subsection (2), make arrangements for that function to be exercised—

(a)in any of the Islands, by the Lieutenant-Governor in cases concerning British citizens or British citizenship;

(b)in any [F1British overseas territory] F2. . . , by the Governor in cases concerning [F3British overseas territories citizens] or [F4British overseas territories citizenship][F5and in cases concerning British Nationals (Overseas) or the status of a British National (Overseas)]

(2)The said matters are—

(a)registration and naturalisation; and

(b)renunciation, resumption and deprivation of British citizenship or [F4British overseas territories citizenship.

[ F6(c)renunciation and deprivation of the status of a British National (Overseas).]]

(3)Nothing in this section applies in the case of any power to make regulations or rules conferred on the Secretary of State by this Act.

(4)Arrangements under subsection (1) may provide for any such function as is there mentioned to be exercisable only with the approval of the Secretary of State.

Annotations:

Amendments (Textual)

F1Words in s. 43(1)(b) substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 1(1)(b)

F2Words in s. 43(1)(b) repealed (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 7, Sch. 2

F3Words in s. 43(1)(b) substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(b)

F4Words in s. 43 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(a)

F5By S.I. 1986/948, art. 7(6)(b) it is provided that s. 43 shall have effect as if in subsection (1)(b) at the end there were inserted the words “and in cases concerning British Nationals (Overseas) or the status of a British National (Overseas)”

F6By S.I. 1986/948, art. 7(6)(c) it is provided that s. 43 shall have effect as if in sub-section (2) at the end there were inserted paragraph (c)

Modifications etc. (not altering text)

C1S. 43 amended by S.I. 1986/948, art. 7(6)(a)

44 Decisions involving exercise of discretion

(1)Any discretion vested by or under this Act in the Secretary of State, a Governor or a Lieutenant-Governor shall be exercised without regard to the race, colour or religion of any person who may be affected by its exercise.

(2)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F1S. 44(2)(3) ceased to have effect (7.11.2002) and repealed (1.4.2003) by virtue of Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 7(1), 161, 162, Sch. 9 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1 (with arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, art. 2 and S.I. 2003/1339, art. 4))

Modifications etc. (not altering text)

C1Ss. 41, 42, 44–48 extended by British Nationality (Falkland Islands) Act 1983 (c. 6, SIF 87), s. 4(2)(a)–(f)

C2Ss. 40–42, 44–48, 50 extended by British Nationality (Hong Kong) Act 1990 (c. 34, SIF 87), s. 2(3)

C3S. 44(1)(2) amended (18.7.1996) by 1996 c. 41, s. 2(2)

[F144AWaiver of requirement for full capacity

Where a provision of this Act requires an applicant to be of full capacity, the Secretary of State may waive the requirement in respect of a specified applicant if he thinks it in the applicant's best interests.]

Annotations:

Amendments (Textual)

F1S. 44A inserted (31.8.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 49, 62; S.I. 2006/2226, art. 3, Sch. 1 (subject to transitional provisions in art. 4)

45 Evidence

(1)Every document purporting to be a notice, certificate, order or declaration, or an entry in a register, or a subscription of an oath of allegiance, given, granted or made under this Act or any of the former nationality Acts shall be received in evidence and shall, unless the contrary is proved, be deemed to have been given, granted or made by or on behalf of the person by whom or on whose behalf it purports to have been given, granted or made.

(2)Prima facie evidence of any such document may be given by the production of a document purporting to be certified as a true copy of it by such person and in such manner as may be prescribed.

(3)Any entry in a register made under this Act or any of the former nationality Acts shall be received as evidence (and in Scotland as sufficient evidence) of the matters stated in the entry.

(4)A certificate given by or on behalf of the Secretary of State that a person was at any time in Crown service under the government of the United Kingdom or that a person’s recruitment for such service took place in the United Kingdom shall, for the purposes of this Act, be conclusive evidence of that fact.

Annotations:

Modifications etc. (not altering text)

C1Ss. 41, 42, 44–48 extended by British Nationality (Falkland Islands) Act 1983 (c. 6, SIF 87), s. 4(2)(a)–(f)

C2S. 45 amended by S.I. 1986/948, art. 7(7)(a)

S. 45 amended (18.7.1996) by 1996 c. 41, s. 2(2)

C3Ss. 40–42, 44–48, 50 extended by British Nationality (Hong Kong) Act 1990 (c. 34, SIF 87), s. 2(3)

C4S. 45 modified (19.3.1997) by 1997 c. 20, s. 2(3)

46 Offences and proceedings

(1)Any person who for the purpose of procuring anything to be done or not to be done under this Act—

(a)makes any statement which he knows to be false in a material particular; or

(b)recklessly makes any statement which is false in a material particular,

shall be liable on summary conviction in the United Kingdom to imprisonment for a term not exceeding three months or to a fine not exceeding [F1level 5 on the standard scale], or both.

(2)Any person who without reasonable excuse fails to comply with any requirement imposed on him by regulations made under this Act with respect to the delivering up of certificates of naturalisation shall be liable on summary conviction in the United Kingdom to a fine not exceeding [F1level 4 on the standard scale].

(3)In the case of an offence under subsection (1)—

(a)any information relating to the offence may in England and Wales be tried by a magistrates’ court if it is laid within six months after the commission of the offence, or if it is laid within three years after the commission of the offence and not more than two months after the date certified by a chief officer of police to be the date on which evidence sufficient to justify proceedings came to the notice of an officer of his police force; and

(b)summary proceedings for the offence may in Scotland be commenced within six months after the commission of the offence, or within three years after the commission of the offence and not more than two months after the date on which evidence sufficient in the opinion of the Lord Advocate to justify proceedings came to his knowledge; and

(c)a complaint charging the commission of the offence may in Northern Ireland be heard and determined by a magistrates’ court if it is made within six months after the commission of the offence, or if it is made within three years after the commission of the offence and not more than two months after the date certified by an officer of police not below the rank of assistant chief constable to be the date on which evidence sufficient to justify the proceedings came to the notice of the police in Northern Ireland.

(4)For the purposes of subsection (3)(b) proceedings shall be deemed to be commenced on the date on which a warrant to apprehend or to cite the accused is granted, if such warrant is executed without undue delay; and a certificate of the Lord Advocate as to the date on which such evidence as is mentioned in subsection (3)(b) came to his knowledge shall be conclusive evidence.

(5)For the purposes of the trial of a person for an offence under subsection (1) or (2), the offence shall be deemed to have been committed either at the place at which it actually was committed or at any place at which he may be.

(6)In their application to the Bailiwick of Jersey subsections (1) and (2) shall have effect with the omission of the words “on summary conviction”.

Annotations:

Amendments (Textual)

F1Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46, (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G and (N.I.) S.I. 1984/703 (N.I. 3), art. 5

Modifications etc. (not altering text)

C1Ss. 41, 42, 44–48 extended by British Nationality (Falkland Islands) Act 1983 (c. 6, SIF 87), s. 4(2)(a)–(f)

C2Ss. 40–42, 44–48, 50 extended by British Nationality (Hong Kong) Act 1990 (c. 34, SIF 87), s. 2(3)

C3S. 46 modified (19.3.1997) by 1997 c. 20, s. 2(3)

C4S. 46(1) amended by S.I. 1986/948, art. 7(7)(b)

47 Legitimated children

[F1(1)A person born out of wedlock and legitimated by the subsequent marriage of his parents shall, as from the date of the marriage, be treated for the purposes of this Act as if he had been born legitimate.

(2)A person shall be deemed for the purposes of this section to have been legitimated by the subsequent marriage of his parents if by the law of the place in which his father was domiciled at the time of the marriage the marriage operated immediately or subsequently to legitimate him, and not otherwise.]

Annotations:

Amendments (Textual)

F1S. 47 ceased to have effect (1.7.2006 with effect as mentioned in s. 162(5) of the amending Act) and repealed (prosp.) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 9(4), 161, 162, Sch. 9 (with s. 159); S.I. 2006/1498, arts. 2(b), 3

Modifications etc. (not altering text)

C1Ss. 41, 42, 44–48 extended by British Nationality (Falkland Islands) Act 1983 (c. 6, SIF 87), s. 4(2)(a)–(f)

C2Ss. 47, 48 amended by S.I. 1986/948, art. 7(7)(c)

C3Ss. 40–42, 44–48, 50 extended by British Nationality (Hong Kong) Act 1990 (c. 34, SIF 87), s. 2(3)

C4S. 47 modified (19.3.1997) by 1997 c. 20, s. 2(3)

48 Posthumous children

Any reference in this Act to the status or description of the father or mother of a person at the time of that person’s birth shall, in relation to a person born after the death of his father or mother, be construed as a reference to the status or description of the parent in question at the time of that parent’s death; and where that death occurred before, and the birth occurs after, commencement, the status or description which would have been applicable to the father or mother had he or she died after commencement shall be deemed to be the status or description applicable to him or her at the time of his or her death.

Annotations:

Modifications etc. (not altering text)

C1Ss. 41, 42, 44-48 extended by British Nationality (Falkland Islands) Act 1983 (c. 6, SIF 87), s.4(2)(a)-(f)

C2Ss. 47, 48 amended by S.I. 1986/948, art. 7(7)(c)

C3Ss. 40-42, 44-48, 50 extended by British Nationality (Hong Kong) Act 1990 (c.34, SIF 87), s. 2(3)

C4S. 48 modified (19.3.1997) by 1997 c. 20, s. 2(3)

F149. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F1S. 49 repealed by British Nationality Act 1981 (c. 61, SIF 87), s. 52(7)(8), Sch. 8 para. 8, Sch. 9

50 Interpretation

(1)In this Act, unless the context otherwise requires—

  • “the 1948 Act” means the British Nationality Act 1948;

  • “alien” means a person who is neither a Commonwealth citizen nor a British protected person nor a citizen of the Republic of Ireland;

  • F1“appointed day” means the day appointed by the Secretary of State under section 8 of the British Overseas Territories Act 2002 for the commencement of Schedule 1 to that Act;

  • “association” means an unincorporated body of persons;

  • F2“British National (Overseas)” means a person who is a British National (Overseas) under the Hong Kong (British Nationality) Order 1986, and “status of a British National (Overseas)” shall be construed accordingly;

  • “British Overseas citizen”includes a person who is a British Overseas citizen under the Hong Kong (British Nationality) Order 1986.

  • F3“British overseas territory” means a territory mentioned in Schedule 6;

  • “British protected person” means a person who is a member of any class of persons declared to be British protected persons by an Order in Council for the time being in force under section 38 or is a British protected person by virtue of the M1Solomon Islands Act 1978;

  • “commencement”, without more, means the commencement of this Act;

  • “Commonwealth citizen” means a person who has the status of a Commonwealth citizen under this Act;

  • “company” means a body corporate;

  • [F4“Convention adoption” means an adoption effected under the law of a country or territory in which the Convention is in force, and certified in pursuance of Article 23(1) of the Convention]

  • “Crown service” means the service of the Crown, whether within Her Majesty’s dominions or elsewhere;

  • “Crown service under the government of the United Kingdom” means Crown service under Her Majesty’s government in the United Kingdom or under Her Majesty’s government in Northern Ireland [ F5or under the Scottish Administration];

  • [F6“designated territory” means a qualifying territory, or the Sovereign Base Areas of Akrotiri and Dhekelia, which is designated by Her Majesty by Order in Council under subsection (14)]

  • F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “enactment” includes an enactment comprised in Northern Ireland legislation;

  • “foreign country” means a country other than the United Kingdom, a [F8British overseas territory], a country mentioned in Schedule 3 and the Republic of Ireland;

  • “the former nationality Acts” means—

    (a)

    the British Nationality Acts 1948 to 1965;

    (b)

    the British Nationality and Status of Aliens Acts 1914 to 1943; and

    (c)

    any Act repealed by the said Acts of 1914 to 1943 or by the M2Naturalization Act 1870;

  • “Governor”, in relation to a F8British overseas territory, includes the officer for the time being administering the government of that territory;

  • “High Commissioner” includes an acting High Commissioner;

  • “immigration laws”—

    (a)

    in relation to the United Kingdom, means the M3Immigration Act 1971 and any law for purposes similar to that Act which is for the time being or has at any time been in force in any part of the United Kingdom;

    (b)

    in relation to a F8British overseas territory, means any law for purposes similar to the Immigration Act 1971 which is for the time being or has at any time been in force in that territory;

  • “the Islands” means the Channel Islands and the Isle of Man;

  • “minor” means a person who has not attained the age of eighteen years;

  • “prescribed” means prescribed by regulations made under section 41;

  • F9“qualifying territory” means a British overseas territory other than the Sovereign Base Areas of Akrotiri and Dhekelia;

  • “settled” shall be construed in accordance with subsections (2) to (4);

  • “ship” includes a hovercraft;

  • “statutory provision” means any enactment or any provision contained in—

    (a)

    subordinate legislation (as defined in section 21(1) of the M4Interpretation Act 1978); or

    (b)

    any instrument of a legislative character made under any Northern Ireland legislation;

  • “the United Kingdom” means Great Britain, Northern Ireland and the Islands, taken together;

  • “United Kingdom consulate” means the office of a consular officer of Her Majesty’s government in the United Kingdom where a register of births is kept or, where there is no such office, such office as may be prescribed.

(2)Subject to subsection (3), references in this Act to a person being settled in the United Kingdom or in a F8British overseas territory are references to his being ordinarily resident in the United Kingdom or, as the case may be, in that territory without being subject under the immigration laws to any restriction on the period for which he may remain.

(3)Subject to subsection (4), a person is not to be regarded for the purposes of this Act—

(a)as having been settled in the United Kingdom at any time when he was entitled to an exemption under section 8(3) or (4)(b) or (c) of the M5Immigration Act 1971 or, unless the order under section 8(2) of that Act conferring the exemption in question provides otherwise, to an exemption under the said section 8(2), or to any corresponding exemption under the former immigration laws; or

(b)as having been settled in a F8British overseas territory at any time when he was under the immigration laws entitled to any exemption corresponding to any such exemption as is mentioned in paragraph (a) (that paragraph being for the purposes of this paragraph read as if the words from “unless” to “otherwise” were omitted).

(4)A person to whom a child is born in the United Kingdom after commencement is to be regarded for the purposes of section 1(1) as being settled in the United Kingdom at the time of the birth if—

(a)he would fall to be so regarded but for his being at that time entitled to an exemption under section 8(3) of the Immigration Act 1971; and

(b)immediately before he became entitled to that exemption he was settled in the United Kingdom; and

(c)he was ordinarily resident in the United Kingdom from the time when he became entitled to that exemption to the time of the birth;

but this subsection shall not apply if at the time of the birth the child’s father or mother is a person on whom any immunity from jurisdiction is conferred by or under the M6Diplomatic Privileges Act 1964.

(5)It is hereby declared that a person is not to be treated for the purpose of any provision of this Act as ordinarily resident in the United Kingdom or in a F8British overseas 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.

(6)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—

(i)a person to whom a certificate of naturalisation was granted under any of the former nationality 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 M7British Nationality and Status of Aliens Act 1914 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 granted by the Secretary of State; or

(iii)a person who by virtue of section 10(5) of the M8Naturalization Act 1870 was deemed to be a naturalised British subject by reason of his residence with his father or mother;

(b)a person shall be taken to have been naturalised in a F8British overseas territory if, but only if, he is—

(i)a person to whom a certificate of naturalisation 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 M9West Indies Act 1967 or 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 granted by the Governor of that territory; or

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

and references in this Act to naturalisation in the United Kingdom or in a F8British overseas territory shall be construed accordingly.

(7)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—

(i)at the time of the birth his father or mother was a British citizen; or

(ii)he would, but for this subsection, have been born stateless,

and (in either case) at the time of the birth the ship or aircraft was registered in the United Kingdom or was an unregistered ship or aircraft of the government of the United Kingdom; but

(b)subject to paragraph (a), is to be regarded as born outside the United Kingdom, whoever was the owner of the ship or aircraft at that time, and irrespective of whether or where it was then registered.