The British Nationality (British Overseas Territories) Regulations 2007

PART 1 General

Citation and commencement

1.  These Regulations may be cited as the British Nationality (British Overseas Territories) Regulations 2007 and shall come into force on 3rd December 2007.

Interpretation

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)(1), 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)(2), any reference in those provisions to the Secretary of State shall be construed as a reference to the Governor.

PART 2 Registration and Naturalisation

Applications

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.

Authority to whom application is to be made

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.

Persons not of full age or capacity

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.

Citizenship oaths and pledges

6.—(1) This regulation applies where, by virtue of section 42 of the Act (registration and naturalisation: citizenship ceremony, oath and pledge)(3), 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.

Certificates of naturalisation

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.

PART 3 Renunciation and Deprivation

Declarations of renunciation

8.  Any declaration of renunciation of British overseas territories citizenship shall—

(a) be made to the appropriate authority specified in regulation 9; and

(b) satisfy the requirements of Schedule 4.

Authority to whom declaration of renunciation is to be made

9.  The authority to whom a declaration of renunciation is to be made is—

(a) if the declarant is in Great Britain or Northern Ireland, the Secretary of State for the Home Department;

(b) if the declarant is in any of the Islands, the Lieutenant-Governor;

(c) if the declarant is in a British overseas territory, the Governor;

(d) if the declarant 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 declarant 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.

PART 4 Supplemental

Evidence

10.  A document may be certified to be a true copy of a document for the purpose of section 45(2) of the Act (evidence) by means of a statement in writing to that effect signed by a person authorised by the Secretary of State, the Lieutenant-Governor, the High Commissioner or the Governor for that purpose.

Manner of signifying parental consent to registration

11.  Where a parent, in pursuance of section 17(5)(c) of the Act (acquisition by registration: minors)(4), consents to the registration of a person as a British overseas territories citizen under that provision, the consent shall be expressed in writing and signed by the parent.

Revocation

12.  The following instruments are revoked—

(a) The British Nationality (Dependent Territories) Regulations 1982(5);

(b) The British Nationality (British Overseas Territories) (Amendment) Regulations 2003(6);

(c) The British Nationality (British Overseas Territories) (Amendment) (No. 2) Regulations 2003(7); and

(d) Paragraph 4 of Part 2 of Schedule 13 to the Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005(8).

Liam Byrne

Minister of State

Home Office

26th October 2007