The British Nationality (Brunei) Order 1983

Statutory Instruments

1983 No. 1699

BRITISH NATIONALITY

The British Nationality (Brunei) Order 1983

Made

18th November 1983

Laid before Parliament

28th November 1983

Coming into Operation in accordance with Article 1(2)

At the Court of Saint James, the 18th day of November 1983

Present,

The Counsellors of State in Council

Whereas Her Majesty, in pursuance of the Regency Acts 1937 to 1953, was pleased, by Letters Patent dated the 3rd day of November 1983, to delegate to the six Counsellors of State therein named or any two or more of them full power and authority during the period of Her Majesty's absence from the United Kingdom to summon and hold on Her Majesty's behalf Her Privy Council and to signify thereat Her Majesty's approval for anything for which Her Majesty's approval in Council is required:

Now, therefore, Her Majesty Queen Elizabeth The Queen Mother and His Royal Highness The Prince Charles, Prince of Wales, being authorised thereto by the said Letters Patent, and in pursuance of the powers conferred by sections 37(2) and 38(1) of the British Nationality Act 1981 and all other powers enabling Her Majesty, and by and with the advice of Her Majesty's Privy Council, do on Her Majesty's behalf order, and it is hereby ordered, as follows:—

Citation and commencement

1.—(1) This Order may be cited as the British Nationality (Brunei) Order 1983.

(2) Article 2 of this Order shall come into operation on 1st January 1984 (hereinafter called “the appointed day”), and Article 3 of this Order shall come into operation on the date upon which Brunei becomes a member of the Commonwealth, which date will be notified in the London, Edinburgh and Belfast Gazettes.

Modifications of provisions made by or under the British Nationality Act 1981

2.—(1) On and after the appointed day, the British Nationality Act 1981 shall have effect as if Article 5 and the words “other than Article 5” in Article 11(1) of the British Protectorates, Protected States and Protected Persons Order 1982 were omitted.

(2) Any person who immediately before the appointed day is a British protected person shall on that day cease to be a British protected person if on that day he is a citizen or national of Brunei.

3.  On and after the date to be notified in the London, Edinburgh and Belfast Gazettes in accordance with Article 1(2) of this Order, the British Nationality Act 1981 shall have effect as if, in Schedule 3 to that Act (countries whose citizens are Commonwealth citizens), under the word “Botswana” there were inserted the word “Brunei”.

N. E. Leigh

Clerk of the Privy Council

EXPLANATORY NOTE

This Order makes certain amendments to the provisions made by or under the British Nationality Act 1981 as a consequence of the termination of the special treaty relationship between the United Kingdom and the State of Brunei and the expected accession of Brunei to membership of the Commonwealth. First, it amends the British Protectorates, Protected States and Protected Persons Order 1982 and provides that citizens of Brunei shall no longer be British protected persons; and, second, it adds Brunei to Schedule 3 to the British Nationality Act 1981 with the result that citizens of Brunei shall have the status of Commonwealth citizens.