2 Description of the draft Order
4. Consular registration of an overseas birth or
death of a British National is not compulsory. There is no legislative
requirement for such registration, which is an entirely optional
service provided by the FCO. Under the draft Order, such registration
would remain optional. Consular registration of the overseas birth
or death of a British National does not confer nationality. This
would remain the case under the proposals.
5. Currently, most overseas births and deaths of
British Nationals can be registered with the British Embassy or
High Commission in the country where the event took place. The
FCO does this in 130 countries. Alternatively, next of kin resident
in the UK or in another country may apply directly to the FCO
in London or to their nearest British Embassy or High Commission
for such consular registration. The application is then forwarded
by the FCO to the Embassy or High Commission in the country where
the event took place. In addition, the FCO in London registers
overseas births and deaths of British Nationals that take place
in 25 countries or territories where the UK either has no diplomatic
representation or where there are no Consular Registration Officers.
Overseas births and deaths of British Nationals may need to be
registered locally, in accordance with the laws of the country
in which the event occurred, which is a separate and distinct
process to that of consular registration. [3]
6. Currently, the process for registering a birth
or death of a British National which takes place overseas is governed
by section 41(1)(g) to (i) of the British Nationality Act 1981
('the BNA'). Where an applicant seeks to register an overseas
birth or death of a British National—which, as discussed
above, is entirely optional—the BNA requires that in most
circumstances the registration must take place in the country
in which the event took place. Only if there is no diplomatic
or consular representation in a particular country can a birth
or death be registered either in a third country or by another
person authorised by the Secretary of State.[4]
7. The Registration of Overseas Births and Deaths
Regulations 1982 ('the 1982 Regulations') set out the different
procedures which apply for registration, depending on the country
in which the birth or death took place. The draft Order would
amend the BNA to remove the existing requirement that applies
to the (optional) registration of the overseas birth or death
of a British National, which provides that registration must be
made in the country where the birth or death took place. The amendment
of the BNA would allow the FCO to establish a centralised online
system to administer all registrations of overseas births and
deaths of British Nationals.
- The draft Order would apply throughout the UK.
3 Explanatory
Memorandum para 4 Back
4
Explanatory Memorandum para 18 Back
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