The British Nationality (British Overseas Territories) (Amendment) Regulations 2023

Statutory Instruments

2023 No. 1104

British Nationality

The British Nationality (British Overseas Territories) (Amendment) Regulations 2023

Made

17th October 2023

Laid before Parliament

18th October 2023

Coming into force

8th November 2023

The Secretary of State makes these Regulations in exercise of the powers conferred by section 41(1)(dc), (3), (3A) and (3B) of the British Nationality Act 1981(1).

Citation, commencement and extent

1.—(1) These Regulations may be cited as the British Nationality (British Overseas Territories) (Amendment) Regulations 2023.

(2) These Regulations extend to England and Wales, Scotland and Northern Ireland.

(3) These Regulations come into force on 8th November 2023.

Amendments to the British Nationality (British Overseas Territories) Regulations 2007

2.—(1) Schedule 3 to the British Nationality (British Overseas Territories) Regulations 2007(2) is amended as follows.

(2) In paragraph 1(a), for “or Northern Ireland” substitute “, a registrar”.

(3) In paragraph 1(b), after “Scotland,” insert “a registrar,”.

(4) After paragraph 1(b) insert—

“(ba) in Northern Ireland, any justice of the peace, commissioner for oaths, notary public, or a person authorised by the Secretary of State;”.

(5) After paragraph 2 insert—

“3.   In this Schedule, a “registrar” means a registrar within the meaning of section 41(3B) of the Act.”.

Robert Jenrick

Minister of State

Home Office

17th October 2023

EXPLANATORY NOTE

(This note is not part of the Order)

These Regulations amend the British Nationality (British Overseas Territories) Regulations 2007 (the “the 2007 Regulations”), which detail the procedures and requirements relating to applications for British territories overseas citizenship, and declarations of renunciation of that citizenship, made under the British Nationality Act 1981 (“the 1981 Act”).

Regulation 2 amends paragraph 1 of Schedule 3 to the 2007 Regulations to add to the persons who are authorised to administer a citizenship oath or pledge where required under section 42 of the 1981 Act. The amendments provide that the oath and pledge can also be administered by a registrar in England and Wales or Scotland, or by a person authorised by the Secretary of State in Northern Ireland.

A full impact assessment has not been produced for these Regulations because no, or no significant, impact on the private, voluntary or public sector is foreseen.

(1)

1981 c. 61. Section 41(1)(dc) was inserted by paragraph 4 of Schedule 1 to the Nationality, Immigration and Asylum Act 2002 (c. 41). Section 41(3) was amended by paragraph 6 of Schedule 1 to the Nationality, Immigration and Asylum Act 2002 and paragraph 1 of Schedule 3 to the Immigration, Asylum and Nationality Act 2006 (c. 13). Section 41(3A) and (3B) were inserted by paragraph 7 of Schedule 1 to the Nationality, Immigration and Asylum Act 2002 (c. 41).

(2)

S.I. 2007/3139, to which there are amendments not relevant to these Regulations.