British Nationality (St. Helena) Bill [H.L.]

House of Commons

Session 1997-98
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Other Bills before Parliament

British Nationality (St. Helena) Bill [H.L.]

This is the text of the British Nationality (St. Helena) Bill [H.L.], as passed by the House of Lords and introduced in the House of Commons on 25 November 1997

British Nationality (St. Helena) Bill [H.L.]

ARRANGEMENT OF CLAUSES

Clause

1. Acquisition of British citizenship by birth etc.

2. Acquisition of British citizenship by registration.

3. British citizens by descent.

4. Supplementary.

5. Short title, commencement and extent.

A
B I L L
INTITULED
An Act to provide for the acquisition of British citizenship by persons having connections with St. Helena.
BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-

Acquisition of British citizenship by birth etc.     1. - (1) A person shall at commencement become a British citizen if, immediately before commencement-

(a) that person was, or was entitled to be, a British Dependent Territories citizen by virtue of his birth, adoption, abandonment as a new-born infant, naturalisation or registration in St. Helena;

(b) one of that person's parents, or a parent of one of that person's parents, was, or but for his death would have been entitled to be, such a British Dependent Territories citizen; or

(c) that person, being a woman, was, or had at any time been, the wife of a man who by virtue of paragraph (a) or (b) becomes a British citizen at commencement or would have been entitled to do so but for his death.

    (2) A person born in St. Helena after commencement shall be a British citizen if at the time of his birth his father or mother is-

(a) a British citizen; or

(b) settled in St. Helena.

    (3) A new-born infant who, after commencement, is found abandoned in St. Helena shall, unless the contrary is shown, be deemed for the purposes of subsection (2)-

(a) to have been born in St. Helena after commencement; and

(b) to have been born to a parent who at the time of the birth was a British citizen or settled in St. Helena.

    (4) Where after commencement an order authorising the adoption of a minor who is not a British citizen is made by a court in St. Helena, he shall be a British citizen as from the date on which the order is made if the adopter or, in the case of a joint adoption, one of the adopters is a British citizen on that date.

    (5) Where an order in consequence of which any person became a British citizen by virtue of subsection (4) ceases to have effect, whether on annulment or otherwise, the cesser shall not affect the status of that person as a British citizen.

    (6) In subsection (1) above "registered" means registered-

(a) as a British Dependent Territories citizen, or

(b) before 1st January 1983, as a citizen of the United Kingdom and Colonies;

and "registration" shall be construed accordingly.

Acquisition of British citizenship by registration.     2. - (1) If-

(a) an application is made for the registration as a British citizen of a person who is a British Dependent Territories citizen by virtue of section 23 of the 1981 Act, or who, having become such a citizen by virtue of that section, is a British National (Overseas); and

(b) that person or a parent of that person was settled in St. Helena either immediately before commencement or, in the case of a parent of that person who died before commencement, immediately before that parent's death,

the Secretary of State may, if he thinks fit, cause the person to whom the application relates to be registered as a British citizen.

    (2) If-

(a) an application is made for the registration as a British citizen of a person who is a British Dependant Territories citizen by virtue of registration or naturalisation under the 1981 Act other than in St. Helena or who, having become such a citizen by virtue of such registration or naturalisation, is a British National (Overseas); and

(b) the Secretary of State is satisfied that the naturalisation or registration was effected wholly or partly by reason of a connection which that person or some other person had with St. Helena,

the Secretary of State may, if he thinks fit, cause the person to whom the application relates to be registered as a British citizen.

British citizens by descent.     3. - (1) A person who is a British citizen by virtue of the application to him of any provision of this Act but not otherwise shall, for the purposes of the 1981 Act, be a British citizen by descent if, and only if, being a person who became a British citizen at commencement, he would not be a British citizen by virtue of this Act but for section 1(1)(b) or (c).

    (2) A person who is a British citizen by virtue of the application to him of any of the provisions of the 1981 Act as well as being a British citizen by virtue of the application to him of any provision of this Act shall, for the purposes of that Act, be a British citizen by descent if, and only if, being a person who became a British citizen at commencement, he-

(a) would not have been a British citizen by descent if this Act had not been passed; and

(b) would not be a British citizen by virtue of this Act but for section 1(1)(b) or (c).

Supplementary.     4. - (1) In this Act-

"commencement" means the commencement of this Act;

"St. Helena" means the Colony of St. Helena;

"the 1981 Act" means the British Nationality Act 1981;

and expressions which are also used in the 1981 Act have the same meanings as in that Act.

    (2) The following provisions of the 1981 Act shall have effect as if this Act were included in that Act, namely-

section 37 (Commonwealth citizenship);

section 40 (deprivation of citizenship);

section 41 (regulations);

section 42 (general provisions about registration etc.);

section 44 (decisions involving exercise of discretion);

section 45 (evidence);

section 46 (offences);

section 47 (legitimated children);

section 48 (posthumous children);

section 50 (interpretation);

section 51(3) (meaning of "citizen of the United Kingdom and Colonies" in other Acts and instruments).

Short title, commencement and extent.     5. - (1) This Act may be cited as the British Nationality (St. Helena) Act 1997.

    (2) This Act, apart from this section, shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint.

    (3) This Act has the same extent as the provisions of the 1981 Act mentioned in section 4(2) above.

© Parliamentary copyright 1997
Prepared 26 November 1997