British Nationality Act 1981

Supplementary

25 Meaning of British Dependent Territories citizen " by descent"

(1) For the purposes of this Act a British Dependent Territories citizen is such a citizen " by descent" if and only if—

(a) he is a person born outside the dependent territories after commencement who is a British Dependent Territories citizen by virtue of section 16(1)(a) only or by virtue of registration under section 17(2) or 21 ; or

(b) subject to subsection (2), he is a person bora outside the dependent territories before commencement who became a British Dependent Territories citizen at commencement and immediately before commencement—

(i) was a citizen of the United Kingdom and Colonies by virtue of section 5 of the 1948 Act (citizenship by descent); or

(ii) was a person who, under any provision of the British Nationality Acts 1948 to 1965, was deemed for the purposes of the proviso to section 5(1) of the 1948 Act to be a citizen of the United Kingdom and Colonies by descent only, or would have been so deemed if male ; or

(c) he is a British Dependent Territories citizen by virtue of registration under section 17(1) and either—

(i) his father or mother was a British Dependent Territories citizen at the time of the birth ; or

(ii) his father or mother was a citizen of the United Kingdom and Colonies at that time and became a British Dependent Territories citizen at commencement, or would have done so but for his or her death; or

(d) subject to subsection (2), he is a person bora outside the dependent territories before commencement who became a British Dependent Territories citizen at commencement under section 23(1)(b) only ; or

(e) subject to subsection (2), being a woman, she became a British Dependent Territories citizen at commencement under section 23(1)(c) only, and did so only by virtue of having been, immediately before commencement or earlier, the wife of a man who immediately after commencement was, or would but for his death have been, a British Dependent Territories citizen by descent by virtue of paragraph (b) or (d) of this subsection ; or

(f) subject to subsection (2), being a woman born outside the dependent territories before commencement, she is a British Dependent Territories citizen as a result of her registration as such a citizen under section 20 by virtue of being or having been married to a man who at commencement became such a citizen by descent or would have done so but for his having died or ceased to be a citizen of the United Kingdom and Colonies as a result of a declaration of renunciation ; or

(g) he is a British Dependent Territories citizen by virtue of registration under section 22 who, having before commencement ceased to be a citizen of the United Kingdom and Colonies as a result of a declaration of renunciation, would, if he had not so ceased, have at commencement become a British Dependent Territories citizen by descent by virtue of paragraph (b), (d) or (e);

(h) he is a British Dependent Territories citizen by virtue of registration under section 13 (as applied by section 24) who, immediately before he ceased to be a British Dependent Territories citizen as a result of a declaration of renunciation, was such a citizen by descent; or

(i) he is a person born in the United Kingdom after commencement who is a British Dependent Territories citizen by virtue of paragraph 1 of Schedule 2.

(2) A person born outside the dependent territories before commencement is not a British Dependent Territories citizen " by descent" by virtue of subsection (1)(b), (d), (e) or (f) if his father was at the time of his birth serving outside the dependent territories in service of a description mentioned in subsection (3), his recruitment for the service in question having taken place in a dependent territory.

(3) The descriptions of service referred to in subsection (2) are—

(a) Crown service under the government of a dependent territory; and

(b) service of any description at any time designated under section 16(3).