; or

f

is a relevant pre-1973 entrant; or

g

is not within sub-paragraph (f) but is an eligible child of a pre-1973 entrant.

; or

d

is a relevant pre-1973 entrant; or

e

is not within sub-paragraph (d) but is an eligible child of a pre-1973 entrant.

4

In this regulation “relevant pre-1973 entrant” means a person who is within paragraph (5) or (6).

5

A person is within this paragraph if the person—

a

has indefinite leave to enter or remain in the United Kingdom or any of the Islands by virtue of section 1(2) of the Immigration Act 19716 (persons settled in the United Kingdom or any of the Islands as at 1st January 19737); and

b

was, on 1st January 1973—

i

a national of a country specified in Schedule 2B (certain members of the Commonwealth and British overseas territories etc.);

ii

a citizen of the United Kingdom and Colonies8 by virtue of a connection with a country or territory specified in that Schedule; or

iii

a British subject without citizenship (see sections 13 and 16 of the British Nationality Act 19489 as then in force).

6

A person is within this paragraph if the person—

a

has the right of abode in the United Kingdom or any of the Islands by virtue of section 2(1)(b) of the Immigration Act 197110 (certain Commonwealth citizens with the right of abode);

b

was, on 1st January 1973, ordinarily resident in the United Kingdom or any of the Islands; and

c

has strong ties with the United Kingdom or any of the Islands.

7

For the purposes of this regulation, a person (“C”) is an eligible child of a pre-1973 entrant if C—

a

is the child (including an adopted child) of—

i

a person who is (or was at the time of their death) a relevant pre-1973 entrant;

ii

a person who is (or was at the time of their death) a British citizen and was, immediately before they became a British citizen, a relevant pre-1973 entrant; or

iii

a pre-1973 deceased entrant;

b

was born outside the United Kingdom and the Islands;

c

entered the United Kingdom or any of the Islands on or after 1st January 1973 and was, at the time of entry, under the age of 18; and

d

is settled in the United Kingdom or any of the Islands and has, since C’s entry as mentioned in sub-paragraph (c), been ordinarily resident in the United Kingdom or any of the Islands.

8

In paragraph (7) “pre-1973 deceased entrant” means a person who—

a

died before 1st January 1973;

b

was settled in the United Kingdom or any of the Islands before their death; and

c

was, immediately before they died—

i

a national of a country specified in Schedule 2B;

ii

a citizen of the United Kingdom and Colonies by virtue of a connection with a country or territory specified in that Schedule; or

iii

a British subject without citizenship.

9

In paragraphs (5) to (8) “the United Kingdom” means England and Wales, Scotland and Northern Ireland.

10

For the purposes of this regulation, a reference to a country or territory in Schedule 2B includes a reference to any former country or territory which forms part of the country or territory concerned.