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British Nationality Act 1981

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This is the original version (as it was originally enacted).

Section 39(6).

SCHEDULE 4Amendments of Immigration Act 1971

1In this Schedule “the 1971 Act” means the [1971 c. 77.] Immigration Act 1971.

2For “patrial”—

(a)where it occurs in the provisions of the 1971 Act listed in the first column of the following table, and where it first occurs in section 6(2) of that Act, substitute “a British citizen ”;

(b)where it occurs in the provisions of that Act listed in the second column of that table, and where it last occurs in section 6(2) of that Act, substitute “British citizens ”.

TABLE

(1)(2)
“a British citizen ”“British citizens ”
Section 3(1), (5), (6), (8);Section 3(7) (twice);
Section 5(2);Section 4(4);
Section 9(4) ;Section 8(2), (3), (4);
Section 14(2) ;Section 9(2);
Section 24(1);Section 29(1);
In section 33(1), the definitions of “entry clearance ” and “work permit” ;In Schedule 2, paragraph 26(1).
In Schedule 2, paragraphs 2(1)(a), 3(1), 6(1), 12(2) and 13(2).
In Schedule 4, paragraphs 1(1) and (2), 3(1) and 4.

3(1)For “certificate of patriality”, wherever (except in section 33(1)) it occurs in the 1971 Act (that is, in sections 13(2), 22(4)(a) and (5)(a), 26(1)(d) (twice) and paragraph 19(2) of Schedule 2 (twice)) substitute “certificate of entitlement ”.

(2)In the entry in section 33(1) which defines “certificate of patriality ”, for “patriality ” substitute “entitlement ”.

4In section 3(7) of the 1971 Act (powers available where restrictions or conditions are imposed on citizens of the United Kingdom and Colonies when leaving or seeking to leave other countries), for “citizens of the United Kingdom and Colonies ” substitute “British citizens, British Dependent Territories citizens or British Overseas citizens ”.

5In section 8(5) of the 1971 Act, for the words from “settled ” onwards (by virtue of which persons are not to be regarded for the purposes of the 1971 Act as having been settled in the United Kingdom while entitled to certain exemptions) substitute " settled in the United Kingdom at any time when he was entitled under the former immigration laws to any exemption corresponding to any of those afforded by subsection (3) or (4)(b) or (c) above or by any order under subsection (2) above. ".

6In section 25(5) of the 1971 Act (extension of provisions about offences of assisting illegal entry and harbouring to things done outside the United Kingdom by persons of certain descriptions), for paragraphs (a) to'(e) substitute—

(a)by a British citizen, a British Dependent Territories citizen, or a British Overseas citizen;

(b)by a person who under the British Nationality Act 1981 is a British subject; or

(c)by a British protected person (within the meaning of that Act).".

7In section 33 of the 1971 Act (interpretation)—

(a)in subsection (1)—

(i)in the definition of “settled ”, for the words from “with” onwards substitute " with subsection (2A) below ; "; and

(ii)after the definition of “ship ” insert—

  • United Kingdom passport ” means a current passport issued by the Government of the United Kingdom, or by the Lieutenant-Governor of any of the Islands, or by the Government of any territory which is for the time being a dependent territory within the meaning of the British Nationality Act 1981 ;; and

(b)after subsection (2) insert—

(2A)Subject to section 8(5) above, references to a person being settled in the United Kingdom are references to his being ordinarily resident there without being subject under the immigration laws to any restriction on the period for which he may remain..

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