British Overseas Territories Bill [HL]
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE
[Amendments marked * are new or have been altered]
Amendment
No.
| 1 | Page 2, line 29, at end insert— |
| "( ) | A person who claims British citizenship by virtue of this Act and who exercises his right of abode in the United Kingdom shall be subject to United Kingdom tax regulations." |
| 2 | Page 2, line 29, at end insert— |
| "( ) | The rules governing European Union citizenship and member states of the European Community shall not extend to British overseas territories citizens who claim British citizenship." |
| 3 | Page 2, line 29, at end insert— |
| "( ) | The conferral of British citizenship by this Act shall not affect the relationship between each British overseas territory and its citizens." |
| 4 | Page 2, line 29, at end insert— |
| "( ) | This Act shall not affect any scheme adopted by a British overseas territory, before or after the commencement of this Act, in relation to the naturalisation of any person within that territory." |
| 5* | Insert the following new Clause— |
| | "Conferral on British overseas citizens |
| (1) | Any person who, immediately before commencement of this section, is a British overseas citizen shall, on the commencement of this section, become a British citizen. |
| (2) | A person who is a British citizen by virtue of this section is a British citizen by descent for the purposes of the British Nationality Act 1981 if, and only if— |
| (a) | he was a British overseas citizen by descent immediately before the commencement of this section, and |
| (b) | if at that time he was a British citizen as well as a British overseas citizen, he was a British citizen by descent." |
| 6* | Insert the following new Clause— |
| | "Conferral on British overseas citizens with no other citizenship |
| (1) | Any person who, immediately before commencement of this section, is a British overseas citizen with no other citizenship shall, on the commencement of this section, become a British citizen. |
| (2) | A person who is a British citizen by virtue of this section is a British citizen by descent for the purposes of the British Nationality Act 1981 if, and only if— |
| (a) | he was a British overseas citizen by descent immediately before the commencement of this section, and |
| (b) | if at that time he was a British citizen as well as a British overseas citizen, he was a British citizen by descent." |
| 7* | Page 2, line 35, after "citizen," insert "or a British overseas citizen, a British protected person, a British subject or a British national (overseas)," |
| 8 | Page 2, line 35, leave out "Secretary of State" and insert "Governor of the British overseas territory to which the application refers" |
| 9* | Page 2, line 42, at end insert— |
| "4B | Acquisition by registration: further provisions to reduce statelessness |
| | If an application is made to register a person who is stateless and who is the child of a British overseas citizen, a British protected person, a British subject or a British national (overseas), the Secretary of State may, if he thinks fit, cause the person to be so registered."" |
| 10* | Insert the following new Clause— |
| "4B | Acquisition by registration: further provisions to reduce statelessness |
| | If an application is made to register a person who is stateless and who is the child of a British overseas citizen, a British protected person, a British subject or a British national (overseas), the Secretary of State shall cause the person to be registered."" |
| 11 | Insert the following new Clause— |
| | "Cost of claiming citizenship |
| | The Secretary of State shall by order require that in each British overseas territory the cost of claiming British citizenship, either by nationality registration, naturalisation or the cost of issuing passports, shall not be so prohibitive as to prevent British overseas territory citizens from exercising their right to British citizenship conferred by this Act." |
| 12 | Page 3, line 14, at end insert— |
| "( ) | The provisions of this Act shall not come into force, in a qualifying territory, until such a time as it has been ratified by that territory." |
| 13 | Page 3, line 18, at end insert— |
| "( ) | Within twelve months of the commencement of this Act, and annually thereafter, the Secretary of State shall lay a report before both Houses of Parliament setting out— |
| (a) | the number of British overseas territories citizens taking up British citizenship, |
| (b) | the number of disputed claims, |
| (c) | the number of British overseas territories citizens taking up right of abode in the United Kingdom, |
| (d) | the cost per applicant of nationality registration, |
| (e) | the number of new applicants seeking British overseas territories citizenship per territory, and |
| (f) | any other such information in relation to this Act as he shall think fit." |
| 14 | Page 4, line 19, at end insert— |
| "( ) | After subsection (2) there is inserted— |
| "(2A) | Citizenship conferred under subsection (2) on any infant found abandoned in a qualifying territory shall not subsequently be a ground for conferring British citizenship on that infant's parents, guardians or siblings unless they qualify in their own right."" |
| 15 | Page 6, line 34, at end insert— |
| "( ) | In the event of a dispute over an individual's claim to British citizenship, an appropriate framework shall be set up by the Secretary of State, in consultation with the overseas territory concerned, in order to resolve such a dispute. |
| ( ) | The final decision in relation to any dispute shall lie with the Governor of the territory concerned."" |
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