British Nationality (Falkland Islands) Act 1983

Year1983


British Nationality(Falkland Islands) Act 1983

1983 CHAPTER 6

An Act to provide for the acquisition of British citizenship by persons having connections with the Falkland Islands.

[28th March 1983]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

S-1 Acquisition of British citizenship at commencement of 1981 Act or by birth or adoption.

1 Acquisition of British citizenship at commencement of 1981 Act or by birth or adoption.

(1) A person shall at commencement become a British citizen if—

(a ) that person becomes a British Dependent Territories citizen at commencement under section 23 of the 1981 Act (persons becoming British Dependent Territories citizens at commencement); and

(b ) immediately before commencement either—

(i) that person was a citizen of the United Kingdom and Colonies who had that citizenship by his birth, naturalisation or registration in the Falkland Islands: or

(ii) one of that person's parents, or a parent of one of that person's parents, was, or but for his death would have been, a citizen of the United Kingdom and Colonies who so had that citizenship; or

(iii) that person, being a woman, was, or had at any time been, the wife of a man who by virtue of sub-paragraph (i) or (ii) becomes a British citizen at commencement or would have done so but for his death.

(2) A person born in the Falkland Islands after commencement shall be a British citizen if at the time of the birth his father or mother is—

(a ) a British citizen; or

(b ) settled in the Falkland Islands

(3) A new-horn infant who, after commencement, is found abandoned in the Falkland Islands shall, unless the contrary is shown, be deemed for the purposes of subsection (2)—

(a ) to have, been born in the Falkland Islands after commencement; and

(b ) to have been born to a parent who at the time of the birth was a British citizen or settled in the Falkland Islands.

(4) Where after commencement an order authorising the adoption of a minor who is not a British citizen is made by a court in the Falkland Islands, he shall be a British citizen as from the date on which the order is made if the adopter or, in the case of a joint adoption, one of the adopters is a British citizen on that date.

(5) Where an order in consequence of which any person became a British citizen by virtue of subsection (4) ceases to have effect, whether on annulment or otherwise, the cesser shall not affect the status of that person as a British citizen.

S-2 Acquisition of British citizenship by registration.

2 Acquisition of British citizenship by registration.

(1) If—

(a ) an application is made for the registration as a British citizen of a person who is a British Dependent Territories citizen by virtue of section 23 of the 1981 Act (persons becoming British Dependent Territories citizens at commencement); and

(b ) that person or a parent of that person was settled in the Falkland Islands either immediately before commencement or, in the case of a parent of that person who died before commencement, immediately before that parent's death,

the Secretary of State may, if he thinks fit, cause the person to whom the application relates to be registered as a British citizen.

(2) If—

(a ) an application is made for the registration as a British citizen of a person who is a British Dependent Territories citizen by virtue of registration or naturalisation under the 1981 Act; and

(b ) either—

(i) that registration or naturalisation was effected in the Falkland Islands in pursuance of arrangements made under section 43 of the 1981 Act (exercise of functions of Secretary of State by Governors and others); or

(ii) the Secretary of State is satisfied that the...

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