- Statutory Instrument 2004 No. 1726
The British Nationality (General) (Amendment) Regulations 2004
© Crown Copyright 2004
Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.
The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.
It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.
The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The British Nationality (General) (Amendment) Regulations 2004, ISBN 0110494857. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk.
Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.
To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
| Made | 7th July 2004 | ||
| Laid before Parliament | 7th July 2004 | ||
| Coming into force | 28th July 2004 |
The Secretary of State, in exercise of the powers conferred upon him by section 41(1)(b), (ba) and (1A) of the British Nationality Act 1981[1] hereby makes the following Regulations:
1. - (1) These Regulations may be cited as the British Nationality (General) (Amendment) Regulations 2004 and shall come into force on 28th July 2004.
(2) Nothing in these Regulations shall affect any application for naturalisation as a British citizen made before the coming into force of these Regulations.
2. The British Nationality (General) Regulations 2003[2] shall be amended as follows.
3. After regulation 5, there is inserted:
-
"
Knowledge of language
5A. - (1) A person has sufficient knowledge of the English language for the purpose of an application for naturalisation as a British citizen under section 6 of the Act if -
-
(a) he possesses a certificate showing that he has attained an ESOL skills for life Entry 3 qualification approved by the Qualifications and Curriculum Authority; or
(b) the person designated by the Secretary of State under paragraph (2) below certifies in writing that he has a sufficient knowledge of the English language for this purpose.
(2) The Secretary of State may designate a person to determine sufficiency of knowledge of the English language for the purpose of an application for naturalisation under section 6 of the Act where an applicant -
-
(a) does not possess the certificate described in paragraph (1)(a) above; but
(b) possesses a different qualification granted by an educational institution, whether in the United Kingdom or elsewhere, which the applicant claims to be equivalent to, or to exceed, the level of proficiency in the English language referred to as ESOL Entry 3 in the document published in 2001 by the Department for Education and Skills entitled "Adult ESOL core curriculum" (ISBN 1-84185-640-1).".
4.
In Schedule 2, in paragraph 14(1)(b), for "and good character" substitute ", good character and knowledge of language".
Des Browne
Minister of State
Home Office
7th July 2004
(This note is not part of the Regulations)
These Regulations amend the British Nationality (General) Regulations 2003 with effect from 28th July 2004 to make provision for determining whether a person has sufficient knowledge of the English language for the purpose of an application for naturalisation as a British citizen under section 6 of the British Nationality Act 1981.
Copies of the document entitled "Adult ESOL core curriculum" referred to in regulation 3 can be obtained from DfES Publications, Prolog, PO Box 5050, Annersley, Nottingham NG15 0DJ (tel: 0845 6022260; email: dfes@prolog.uk.com).
Notes:
[1] 1981 c. 61. Section 41(1)(ba) and (1A) are inserted by section 1(3) and (4) of the Nationality, Immigration and Asylum Act 2002 (c. 41).back
[2] S.I. 2003/548; as amended by S.I. 2003/3158.back
ISBN 0 11 049485 7