Office of Public Sector Information
Statutory Instruments
british nationality
Made
26th October 2007
Laid before Parliament
2nd November 2007
Coming into force
3rd December 2007
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 41(1) and (3) of the British Nationality Act 1981(1).
1. These Regulations may be cited as the British Nationality (British Overseas Territories) Regulations 2007 and shall come into force on 3rd December 2007.
2.—(1) In these Regulations, unless the context otherwise requires—
“the Act” means the British Nationality Act 1981;
“applicant”, in relation to an application made on behalf of a person who is not of full age or capacity, means that person; and
“High Commissioner” means, in relation to a country mentioned in Schedule 3 to the Act (countries whose citizens are commonwealth citizens)(2), the High Commissioner for Her Majesty’s Government in the United Kingdom appointed to that country, and includes the acting High Commissioner.
(2) In the application of the provisions of regulation 6(3), where a function of the Secretary of State under the Act is exercised by the Governor of a British overseas territory by virtue of arrangements made under section 43(1) of the Act (exercise of functions of Secretary of State by Governors and others)(3), any reference in those provisions to the Secretary of State shall be construed as a reference to the Governor.
3. Any application for registration as a British overseas territories citizen or for a certificate of naturalisation as a British overseas territories citizen shall—
(a) be made to the appropriate authority specified in regulation 4;
(b) satisfy the requirements of Part 1 of Schedule 1 and, if made on behalf of a person not of full age or capacity, Part 2 of that Schedule; and
(c) satisfy any further requirements specified in relation to that application in Schedule 2.
4. The authority to whom an application is to be made is—
(a) if the applicant is in Great Britain or Northern Ireland, the Secretary of State for the Home Department;
(b) if the applicant is in any of the Islands, the Lieutenant-Governor;
(c) if the applicant is in a British overseas territory, the Governor;
(d) if the applicant is in a country mentioned in Schedule 3 to the Act, the High Commissioner or, if there is no High Commissioner, the Secretary of State for the Home Department;
(e) if the applicant is elsewhere, any consular officer, any established officer in the Diplomatic Service of Her Majesty’s Government in the United Kingdom or any person authorised by the Secretary of State for that purpose.
5. The following persons may make an application on behalf of someone who is not of full age or capacity—
(a) the individual’s father or mother;
(b) any person who has assumed responsibility for the individual’s welfare.
6.—(1) This regulation applies where, by virtue of section 42 of the Act (registration and naturalisation: citizenship ceremony, oath and pledge)(4), an applicant for registration or for a certificate of naturalisation is required to make a citizenship oath or pledge.
(2) The oath or pledge shall be administered in accordance with the requirements of Schedule 3.
(3) Where, following an application by an applicant who is required to make a citizenship oath or pledge, the Secretary of State decides that the registration should be effected or the certificate should be granted—
(a) he shall cause notice in writing of the decision to be given to the applicant; and
(b) the oath or pledge shall be made within three months of the giving of the notice or such longer time as the Secretary of State may allow.
(4) Any notice required by paragraph (3)(a) shall be given—
(a) where the applicant’s whereabouts are known, by causing the notice to be delivered to him personally or by sending it to him by post;
(b) where the applicant’s whereabouts are not known, by sending it by post in a letter addressed to him at his last known address.
7. A certificate of naturalisation shall include the following information relating to the person to whom the certificate is being granted—
(a) full name;
(b) date of birth; and
(c) place and country of birth.
1981 c. 61. Section 41(1) of the 1981 Act has been amended by: sections 1 and 3 of, and paragraphs 3 and 4 of Schedule 1 to, the Nationality, Immigration and Asylum Act 2002 (c. 41); section 2 of the British Overseas Territories Act 2002 (c. 8); and S.I. 1986/948. Section 41(1) of the 1981 Act is also amended by section 50(4) of the Immigration, Asylum and Nationality Act 2006 (c. 13) but that amendment is not yet in force. Section 41(3) of the 1981 Act has been amended by: section 3 of, and paragraphs 3 and 6 of Schedule 1 to, the Nationality, Immigration and Asylum Act 2002; and sections 52 and 61 of, and Schedules 2 and 3 to, the Immigration, Asylum and Nationality Act 2006. Back [1]
Schedule 3 to the 1981 Act has been amended by section 1 of the Brunei and Maldives Act 1985 (c. 3); S.I. 1983/882; S.I. 1983/1699; S.I. 1989/1331; S.I. 1990/1502; S.I. 1994/1634; and S.I. 1998/3161. Back [2]
Section 43(1) of the 1981 Act has been amended by: sections 1, 2 and 7 of, and Schedule 2 to, the British Overseas Territories Act 2002; and S.I. 1986/948. Back [3]
Section 42 of the 1981 Act was substituted by section 3 of, and Schedule 1 to, the Nationality, Immigration and Asylum Act 2002. Back [4]
The British Nationality (British Overseas Territories) Regulations 2007