The British Nationality (Fees) Regulations 2003

1.—(1) These Regulations may be cited as the British Nationality (Fees) Regulations 2003 and shall come into force on 1st January 2004.

(2) In these Regulations—

“the 1981 Act” means the British Nationality Act 1981; and

“the 1997 Act” means the British Nationality (Hong Kong) Act 1997(1).

2.—(1) The British Nationality (Fees) Regulations 1996(2) and the British Nationality (Fees) (Amendment) Regulations 1997(3) are hereby revoked.

(2) Nothing in these Regulations shall affect the amount of any fee payable under those Regulations in respect of anything done in pursuance of an application or declaration of renunciation made before the coming into force of these Regulations.

3.—(1) Subject to paragraph (2) and regulations 5, 6 and 7 below, the fees specified in the right-hand column of the table in the Schedule to these Regulations are payable in connection with the applications made to the Secretary of State, and the things done in Great Britain and Northern Ireland, which are specified in the left-hand column of that table.

(2) No fee is payable in connection with the administration of a citizenship oath, or oath and pledge (item 8 in the table) in a case where the oath, or oath and pledge, is administered by a justice of the peace.

4.—(1) The fee payable in respect of—

(a) an application for the registration of a person as a British citizen, British overseas territories citizen, British Overseas citizen or British subject; or

(b) an application for naturalisation as a British citizen or British overseas territories citizen;

shall be payable on the submission of the application.

(2) On an application for registration or for a certificate of naturalisation by an applicant who is required by section 42 of the 1981 Act to make a citizenship oath and pledge at a citizenship ceremony, the fee payable in respect of the arrangement of a citizenship ceremony shall also be payable on the submission of the application.

(3) Where the fee payable in respect of the arrangement of a citizenship ceremony is paid in accordance with paragraph (2) above and—

(a) the Secretary of State refuses the application; or

(b) the Secretary of State decides that the registration should be effected or the certificate should be granted, but disapplies the requirement to attend a citizenship ceremony because of the special circumstances of the case;

the fee paid in respect of the arrangement of a citizenship ceremony shall be refunded.

(4) The fee payable in respect of the registration of a declaration of renunciation of British citizenship, British overseas territories citizenship, British Overseas citizenship or British subject status shall be payable on the submission of the declaration of renunciation.

5.—(1) Subject to paragraph (2), where a husband and wife apply at the same time for naturalisation as British citizens or British overseas territories citizens and are residing together at the time of the applications, the total fee payable in respect of the applications shall be the same as that for a single application.

(2) Paragraph (1) does not apply to any fee which is payable in respect of the arrangement of a citizenship ceremony.

6.—(1) Where an application for the registration of a minor as a British citizen, British overseas territories citizen, British Overseas citizen or British subject is made at the same time as an application under the same or any other provision of the 1981 Act or the 1997 Act for the registration of some other minor having the same parent, the total fee payable in respect of the applications shall be the same as that for a single application.

(2) In this regulation, “parent” includes a step-parent and an adoptive parent.

7.  Where a declaration of renunciation of British citizenship, British overseas territories citizenship, British Overseas citizenship or British subject status is made by a person at the same time as a declaration of renunciation by him of another such citizenship or status, the total fee payable in respect of the registration of the declarations shall be the same as that for the registration of a single declaration.

8.—(1) Except as provided by paragraph (2) below, or where a fee is refunded under regulation 4(3) above, or where the Secretary of State otherwise directs, fees paid under these Regulations shall be paid into the Consolidated Fund in accordance with Treasury directions.

(2) Fees paid in respect of the administration of a citizenship oath, or oath and pledge (item 8 in the table in the Schedule to these Regulations) shall be paid—

(a) in England, Wales or Northern Ireland, if the oath, or oath and pledge, is administered by a commissioner for oaths or notary public, to the commissioner or notary public;

(b) in Scotland, if the oath, or oath and pledge, is administered by a sheriff principal or sheriff, to the sheriff clerk or to any of his deputes, and, if by a notary public, to the notary public.

Beverley Hughes

Minister of State

Home Office

8th December 2003

We consent to these Regulations

Jim Murphy

John Heppell

Two of the Lords Commissioners of Her Majesty’s Treasury

8th December 2003