Statutory Instrument 1996 No. 444

The British Nationality (Fees) Regulations 1996

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© Crown Copyright 1996

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1996 No. 444

BRITISH NATIONALITY

The British Nationality (Fees) Regulations 1996

The Secretary of State, in exercise of the powers conferred upon him by section 41(2) and (3) of the British Nationality Act 1981^[1] hereby makes with the consent of the Treasury the following Regulations:

    1.—(1)  These Regulations may be cited as the British Nationality (Fees) Regulations 1996 and shall come into force on 1st April 1996.

    (2)  The British Nationality (Fees) Regulations 1984^[2] and the British Nationality (Fees) (Amendment) Regulations 1991^[3] are hereby revoked; but nothing in these Regulations shall affect the amount of any fee payable under the said Regulations of 1984 in respect of anything done in pursuance of an application or declaration of renunciation made before the coming into force of these Regulations.

    (3)  In these Regulations "the Act" means the British Nationality Act 1981; and, unless the context otherwise requires, any reference to a section shall be construed as a reference to a section contained in that Act.

    2.—(1)  Subject to paragraphs (4) and (5) below, the fees specified in the Schedule to these Regulations may be taken in respect of any application made to the Secretary of State under the Act.

    (2)  Subject to paragraph (6) below, the fees specified in the Schedule to these Regulations may be taken in respect of things done in Great Britain and Northern Ireland:

Provided that no fee shall be taken under this regulation for administering the oath of allegiance in a case where the oath is administered by a justice of the peace.

    (3)  
 (a) The fee payable in respect of—
 (i) an application for the registration of a person as a British citizen, British Dependent Territories citizen, British Overseas citizen or British subject; or
 (ii) an application for naturalisation as a British citizen or British Dependent Territories citizen,
shall be payable on the submission of the application.
 (b) The fee payable in respect of the registration of a declaration of renunciation of British citizenship, British Dependent Territories citizenship, British Overseas citizenship or British subject status shall be payable on the submission of the declaration of renunciation.

    (4)  Where a husband and wife apply at the same time for naturalisation as British citizens or British Dependent Territories citizens and are residing together at the time of the applications, the total fee payable in respect of the applications shall be the same as that for a single application.

    (5)  Where an application for the registration of a minor as a British citizen, British Dependent Territories citizen, British Overseas citizen or British subject is made at the same time as an application or applications under the same or any other provision of the Act for the registration of some other minor or minors having the same parent, the total fee payable in respect of the applications shall be the same as that for a single application. In this paragraph, "parent" includes a step-parent and an adoptive parent.

    (6)  Where a declaration of renunciation of British citizenship, British Dependent Territories citizenship, British Overseas citizenship or British subject status is made by a person at the same time as a declaration of renunciation by him of another such citizenship or status, the total fee payable in respect of the registration of the declarations shall be the same as that for the registration of a single declaration.

    3.—(1)  Except as provided by paragraph (2) below, fees paid under these Regulations shall be paid into the Consolidated Fund in accordance with Treasury directions.

    (2)  Fees paid in respect of the administration of the oath of allegiance for the purposes of the Act (Item 6 in the Schedule to these Regulations) shall be paid—
 (a) in England, Wales or Northern Ireland, if the oath is administered by a commissioner for oaths or notary public, to the commissioner or notary public;
 (b) in Scotland, if the oath is administered by a sheriff principal or sheriff, to the sheriff clerk or to any of his deputes, and, if by a notary public, to the notary public.

Timothy Kirkhope

Parliamentary Under-Secretary of State
Home Office

7th February 1996
We consent to these Regulations

Bowen Wells

Simon Burns

Two of the Commissioners of Her Majesty's Treasury

15th February 1996

[1] 1981 c. 61. back

[2] S.I. 1984/230, amended by S.I. 1991/183. back

[3] S.I. 1991/183. back

Explanatory Note