Nationality and Borders Act 2022

British citizenshipU.K.

6Disapplication of historical registration requirementsU.K.

(1)The British Nationality Act 1981 is amended as follows.

(2)In section 4C (acquisition by registration: certain persons born before 1983), for subsection (3D) substitute—

(3D)In determining for the purposes of subsection (3) whether a person would have been a citizen of the United Kingdom and Colonies, the requirement that a person’s birth was registered at a United Kingdom consulate, as set out in section 5(1)(b) of the British Nationality Act 1948, is to be ignored.

(3)In section 4I (other person unable to become citizen at commencement), after subsection (1) insert—

(1A)In determining for the purposes of subsection (1)(c)(i) whether a person would have been a citizen of the United Kingdom and Colonies, the requirement that a person’s birth was registered at a United Kingdom consulate, as set out in section 5(1)(b) of the British Nationality Act 1948, is to be ignored.

Commencement Information

I1S. 6 not in force at Royal Assent, see s. 87(1)

I2S. 6 in force at 28.6.2022 by S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 5 (with Sch. 2 para. 2)

7Citizenship where mother married to someone other than natural fatherU.K.

(1)The British Nationality Act 1981 is amended as follows.

(2)In section 4E (the general conditions)—

(a)omit paragraph (a) (requirement that applicant was born before 1 July 2006);

(b)in paragraph (c), after “1990” insert “or under section 35 or 36 of the Human Fertilisation and Embryology Act 2008”;

(c)after paragraph (c) (but before the “and”) insert—

(ca)no person is treated as a parent of P under section 42 or 43 of the Human Fertilisation and Embryology Act 2008;.

(3)In section 4F (person unable to be registered under other provisions of this Act), in subsection (1)(b), after sub-paragraph (iii) insert—

(iiia)section 4D,.

(4)In section 41A (registration: requirement to be of good character), in subsection (1A), for “or 3(5)” substitute “, 3(5) or 4D”.

Commencement Information

I3S. 7 not in force at Royal Assent, see s. 87(1)

I4S. 7 in force at 28.6.2022 by S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 6