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Textual Amendments
F1Pt. II heading substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(a)
Modifications etc. (not altering text)
C1Pt. II (ss. 15–25) excluded by S.I. 1983/882, art. 2(3)
(1)If an application is made for a person of full age and capacity (“P”) to be registered as a British overseas territories citizen, the Secretary of State may cause P to be registered as such a citizen if, in the Secretary of State’s opinion, P would have been, or would have been able to become, a British overseas territories citizen but for—
(a)historical legislative unfairness,
(b)an act or omission of a public authority, or
(c)exceptional circumstances relating to P.
(2)For the purposes of subsection (1)(a), “historical legislative unfairness” includes circumstances where P would have become, or would not have ceased to be, a British subject, a citizen of the United Kingdom and Colonies, a British Dependent Territories Citizen or a British overseas territories citizen, if an Act of Parliament or subordinate legislation (within the meaning of the Interpretation Act 1978) had, for the purposes of determining a person’s nationality status—
(a)treated males and females equally,
(b)treated children of unmarried couples in the same way as children of married couples, or
(c)treated children of couples where the mother was married to someone other than the natural father in the same way as children of couples where the mother was married to the natural father.
(3)In subsection (1)(b), “public authority” means any public authority within the meaning of section 6 of the Human Rights Act 1998, other than a court or tribunal.
(4)In considering whether to grant an application under this section, the Secretary of State may take into account whether the applicant is of good character.]
Textual Amendments
F2S. 17I inserted (28.6.2022) by virtue of Nationality and Borders Act 2022 (c. 36), ss. 8(3), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 7