The British Nationality Act 1981 (Remedial) Order 2019

JurisdictionUK Non-devolved
CitationSI 2019/1164
Year2019

2019 No. 1164

Nationality

The British Nationality Act 1981 (Remedial) Order 2019

Made 24th July 2019

Coming into force 25th July 2019

The good character test in section 41A of the British Nationality Act 19811has been declared2under section 4 of the Human Rights Act 19983to be incompatible with a Convention right4, in so far as it applies to applications for registration as a British citizen under sections 4C5and 4F to 4I6of the British Nationality Act 1981.

The Secretary of State considers that there are compelling reasons for proceeding by way of a remedial order7to make such amendments to the British Nationality Act 1981 as are necessary to remove that incompatibility.

In accordance with paragraph 2(a) of Schedule 2 to the Human Rights Act 1998, a draft of this instrument was laid before Parliament and was approved by resolution of each House of Parliament, a document containing a draft of this instrument having previously been laid before Parliament in accordance with paragraph 3(1) of that Schedule.

Accordingly, the Secretary of State makes the following Order, in exercise of the powers conferred by section 10(2) of, and paragraph 1(1)(a) and (d), (2) and (3) of Schedule 2 to, the Human Rights Act 1998.

S-1 Citation, commencement and extent

Citation, commencement and extent

1.—(1) This Order may be cited as the British Nationality Act 1981 (Remedial) Order 2019 and comes into force the day after the day on which it is made.

(2) The amendments made by this Order have the same extent as the provisions which they amend.

S-2 Amendments to the British Nationality Act 1981

Amendments to the British Nationality Act 1981

2.—(1) Section 41A of the British Nationality Act 1981 (registration: requirement to be of good character) is amended as follows.

(2) In subsection (1), omit “4C,” and “4F, 4G, 4H, 4I,”.

(3) After subsection (1), insert—

S-1A

“1A An application for registration of an adult or young person as a British citizen under section 4F, so far as the relevant registration provision (as defined in section 4F(2)) is section 1(3), 3(2) or 3(5), must not be granted unless the Secretary of State is satisfied that the adult or young person is of good character.”.

S-3 Amendment to the Immigration Act 2014

Amendment to the Immigration Act 2014

3. In paragraph 70 of Schedule 9 to the Immigration Act 20148(transitional and consequential provision), omit sub-paragraph (3).

S-4 Amendments to the British Nationality (General) Regulations 2003

Amendments to the British Nationality (General) Regulations 2003

4.—(1) Schedule 2 to the British Nationality (General) Regulations 20039(particular requirements as respects applications) is amended as follows.

(2) In paragraph 11 (application under section 4C of the Act)—

(a)

(a) at the end of sub-paragraph (b), insert “and”;

(b)

(b) at the end of sub-paragraph (c), omit “and”;

(c)

(c) omit sub-paragraph (d).

(3) In paragraph 11B (application under section 4F of the Act), in sub-paragraph (b), after “aged 10 or over” insert “and the provision under which the applicant would be entitled to be registered as a British citizen (as mentioned in section 4F(1)(b) of the Act) is section 1(3), 3(2) or 3(5) of the Act”.

(4) In paragraph 11C (application under section 4G of the Act)—

(a)

(a) at the end of sub-paragraph (a), omit “and”;

(b)

(b) omit sub-paragraph (b).

(5) In paragraph 11D (application under section 4H of the Act)—

(a)

(a) at the end of sub-paragraph (a), insert “and”;

(b)

(b) at the end of sub-paragraph (b), omit “and”;

(c)

(c) omit sub-paragraph (c).

(6) In paragraph 11E (application under section 4I of the Act), in sub-paragraph (1)—

(a)

(a) at the end of paragraph (a)(iii), omit “and”;

(b)

(b) omit paragraph (b).

Caroline Nokes

Minister of State for Immigration

Home Office

24th July 2019

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the British Nationality Act 1981 (c. 61)(“the 1981 Act”) to remove incompatibilities with a right under the European Convention of Human Rights.

Section 41A(1) of the 1981 Act provides that an application for registration as a British citizen under certain provisions of that Act, by a person aged 10 or older, must not be granted unless the Secretary of State is satisfied that he or she is of good character. Declarations of incompatibility in relation to section 41A...

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