South Africa Act 1962

FIRST SCHEDULE Temporary continuance of certain provisions of British Nationality Act, 1948, with respect to Citizenship by Registration

1 Subsection (1) of section six of the British Nationality Act, 1948, and subsection (2) of section three of the British Nationality Act, 1958, shall apply in relation to citizens of the Republic as they apply in relation to citizens of countries mentioned in subsection (3) of section one of the said Act of 1948 ; but no person shall by virtue of this paragraph be registered as a citizen of the United Kingdom and Colonies under the said subsection (1) unless either—

(a) he makes application under that subsection before the end of the year nineteen hundred and sixty-five ; or

(b) he gives notice under paragraph 2 below before the end of that year of his intention to make such an application, and makes the application within five years after giving that notice.

2 A notice of intention to make such an application shall be given to such person and in such manner as may be prescribed by regulations under section twenty-nine of the said Act of 1948 ; and such a notice may be given only by a citizen of the Republic who, at the time when the notice is given, is—

(a) ordinarily resident in the United Kingdom or in any colony or protectorate residence in which may qualify for registration under the said subsection (1); or

(b) in Crown service under Her Majesty's Government in the United Kingdom ; or

(c) serving either under an international organisation of which Her Majesty's said Government is a member or in the employment of a society, company or body of persons established in the United Kingdom or in any such colony or protectorate.

3 A person who would be entitled or qualified to be registered as a citizen of the United Kingdom and Colonies under subsection (1) of the said section six as extended by this Schedule if he were a citizen of the Republic may, with the approval of the Secretary of State, be so registered notwithstanding that he has ceased to be such a citizen if he was such a citizen immediately before making his application or giving notice under paragraph 2 above.

4 In relation to any application for registration made under subsection (6) of section twelve of the said Act of 1948 by a citizen of the Republic, paragraph (a) of subsection (1) of section three of the British Nationality Act, 1958 (which prescribes the time within which such applications may be made) shall have effect as if for the words " nineteen hundred and sixty-two " there were substituted the words " nineteen hundred and sixty-five " ; and for the purposes of any such application the references in the said subsection (6) to the United Kingdom and Colonies (other than references to citizenship of the United Kingdom and Colonies) shall be construed as including references to the protectorates of Bechuanaland and Swaziland.

5 No person shall, by virtue of this Schedule, be entitled to be registered as a citizen of the United Kingdom and Colonies if a deportation order, or a recommendation for the making of a deportation order, is in force in respect of him under any Order in Council made in pursuance of the Aliens Restriction Act, 1914 ; but the Secretary of State may, if he thinks fit, register as such a citizen any person who would be entitled or qualified to be so registered but for this paragraph.

6 In relation to any application for registration made before the end of the year nineteen hundred and sixty-five, the following provisions of the British Nationality Act, 1948, that is to say subsection (2) of section eight, subsection (7) of section twelve and section twenty-six, shall have effect as if—

(a) references to any country mentioned in subsection (3) of section one of that Act included references to the Republic ; and

(b) references to the High Commissioner for Her Majesty's government in the United Kingdom included references to Her Majesty's Ambassador for the United Kingdom to the Republic or the person appointed to act as charge d'affaires during the absence or incapacity of such an Ambassador.

7 This Schedule shall be construed as one with the British Nationality Act, 1948.