Dominica Modification of Enactments Order 1978
| Jurisdiction | UK Non-devolved |
| Citation | SI 1978/1030 |
| Year | 1978 |
1978 No. 1030
DOMINICA
The Dominica Modification of Enactments Order 197825thJuly 1978
2ndAugust 1978
3rdNovember 1978
At the Court at Buckingham Palace, the 25th day of July 1978
Present,
The Queen's Most Excellent Majesty in Council
Whereas the status of association of Dominica with the United Kingdom is terminated as from the date on which this Order comes into operation and it is necessary or expedient in consequence of that event to amend or modify certain enactments as hereinafter provided:
Now, therefore, Her Majesty, by virtue and in exercise of the powers vested in Her in that behalf by sections 13(2) and 14 of the West Indies Act 1967(a), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:
Citation and commencement
1.—(1) This Order may be cited as the Dominica Modification of Enactments Order 1978.
(2) This Order shall come into operation on 3rd November 1978 (hereinafter called "the appointed day").
British Nationality Acts
2.—(1) On and after the appointed day the British Nationality Acts 1948 to 1965 shall have effect as if in section 1(3) of the British Nationality Act 1948(b) (Commonwealth countries having separate citizenship) there were added at the end the words "and Dominica".
(2) Except as provided by article 3 of this Order, any person who immediately before the appointed day is a citizen of the United Kingdom and Colonies shall on that day cease to be such a citizen if he becomes on that day a citizen of Dominica.
(a) 1967 c. 4.
(b) 1948 c. 56.
(3) Section 6(2) of the British Nationality Act 1948 (registration as citizens of the United Kingdom and Colonies of women who have been married to such citizens) shall not apply to a woman by virtue of her marriage to a person who on the appointed day ceases to be such a citizen under paragraph (2) of this article, or who would have done so if living on the appointed day.
Retention of citizenship of United Kingdom and Colonies
3.—(1) A person shall not cease to be a citizen of the United Kingdom and Colonies under article 2(2) of this Order if he, his father or his father's father—
(a) was born in the United Kingdom or a relevant territory; or
(b) is or was a person naturalised in the United Kingdom and Colonies by virtue of a certificate of naturalisation granted in the United Kingdom or a relevant territory; or
(c) was, in the United Kingdom or a relevant territory, registered as a citizen of the United Kingdom and Colonies, or was so registered by a High Commissioner exercising functions under section 8(2) or 12(7) of the 1948 Act; or
(d) became a British subject by reason of the annexation of any territory included in a relevant territory.
or if his father or his father's father would, if living immediately before the commencement of the 1948 Act, have become a person naturalised in the United Kingdom and Colonies under section 32(6) of that Act (previous local naturalisation in a colony or protectorate) by virtue of having enjoyed the privileges of naturalisation in a relevant territory.
(2) In paragraph (i) of this article "relevant territory" means any territory which on the appointed day is a colony or an associated state, other than any territory which on that day is not a colony for the purposes of the 1948 Act as then in force (and accordingly does not include Dominica).
(3) Paragraph (i) of this article shall not apply to a woman by virtue of her registration as a citizen of the United Kingdom and Colonies if that registration was effected under section 6(2) of the 1948 Act (registration as citizens of the United Kingdom and Colonies of women who have been married to such citizens).
(4) A woman who is a citizen of the United Kingdom and Colonies, and is the wife of such a citizen, shall not herself...
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