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The Anguilla Constitution (Amendment) Order 1990

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Belonger status.

25.—(1) Section 18 of the Constitution is amended by deleting subsection (5).

(2) The following new section is inserted in the Constitution after section 79–

Belonger status.

80.(1) There shall be an Anguilla Belonger Commission (here inafter referred to as “the Commission”), the composition and functions of which shall, subject to the provisions of this section, be prescribed by law.

(2) For the purposes of this Constitution a person shall be regarded as belonging to Anguilla if that person–

(a)is a British Dependent Territories citizen–

(i)who was born in Anguilla, whether before or after the commencement of the British Nationality Act 1981; or if not so born

(ii)who was adopted in Anguilla; or

(iii)whose father or mother was born in Anguilla; or

(iv)whose father or mother became a British Dependent Territories citizen by virtue of having been adopted in Anguilla; or

(v)who is domiciled in Anguilla and whose father or mother by virtue of registration or naturalisation while resident in Anguilla became a British Dependent Territories citizen at the commencement of the British Nationality Act 1981 (or would have done so but for his or her death) or so became such a citizen after such commencement of the said Act; or

(vi)who by virtue of registration or naturalisation while resident in Anguilla became such a citizen at or after the commencement of the British Nationality Act 1981; or

(b)is domiciled in Anguilla, has been ordinarily resident in Anguilla for not less than fifteen years, and has been granted belonger status by the Commission; or

(c)was born in Anguilla of a father or mother who was born in Anguilla and who is regarded (or, if deceased, would if alive be regarded) as belonging to Anguilla by virtue of this subsection; or

(d)was born outside Anguilla and has satisfied the Commis sion that his father or mother was born in Anguilla and is regarded (or, if deceased, would if alive be regarded) as belonging to Anguilla by virtue of this subsection; or

(e)is the spouse of such a person as is referred to in any of the preceding paragraphs of this subsection and has been married to that person for not less than five years; or

(f)is the spouse of such a person as is referred to in paragraph (a), (b), (c) or (d) of this subsection, has been married to such a person for not less than three years, and has been granted belonger status by the Commission..

(3) Section 4 of the Anguilla Constitution Order 1982 is amended–

(a)by deleting subsections (1) and (2);

(b)in subsection (3), by substituting for the words “section 18(5)” the words “section 80(2)”;

(c)in subsection (4)(a), by substituting for the words “subsec tion 5(a)(v) of section 18 of this Constitution” the words “subsection (2)(a)(v) of section 80 of the Constitution”;

(d)in subsection (4)(b), by substituting for the words “subsec tion 5(a)(vi)” the words “subsection (2)(a)(vi)”.

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