A joint op-ed by the Foreign Ministers
As the territories mentioned in Schedule 6 to the British Nationality Act 1981 (c. 61) are now known as “British overseas territories”—
“British overseas territory” means a territory mentioned in Schedule 6;
for “dependent territory” (or “dependent territories”), wherever occurring in that Act, substitute “ British overseas territory ”(or “ British overseas territories ”), and
in the heading to that Schedule, for “British Dependent Territories” substitute “ British Overseas Territories ”.
In any other enactment passed or made before the commencement of this section (including an enactment comprised in subordinate legislation), any reference to a dependent territory within the meaning of the British Nationality Act 1981 shall be read as a reference to a British overseas territory.
In the Interpretation Act 1978 (c. 30), at the appropriate place in Schedule 1 (list of definitions) insert—.
Pursuant to section 1, British Dependent Territories citizenship is renamed “British overseas territories citizenship”; and a person having that citizenship is a “British overseas territories citizen”.
Accordingly, in the British Nationality Act 1981 (c. 61)—
for “British Dependent Territories citizenship”, wherever occurring, substitute “ British overseas territories citizenship ”, and
for “British Dependent Territories citizen” (or “British Dependent Territories citizens”), wherever occurring, substitute “ British overseas territories citizen ”(or “ British overseas territories citizens”).
In any other enactment passed or made before the commencement of this section (including an enactment comprised in subordinate legislation), any reference to British Dependent Territories citizenship, or a British Dependent Territories citizen, shall be read as a reference to British overseas territories citizenship, or a British overseas territories citizen.
Any person who, immediately before the commencement of this section, is a British overseas territories citizen shall, on the commencement of this section, become a British citizen.
Subsection (1) does not apply to a person who is a British overseas territories citizen by virtue only of a connection with the Sovereign Base Areas of Akrotiri and Dhekelia.
A person who is a British citizen by virtue of this section is a British citizen by descent for the purposes of the British Nationality Act 1981 if, and only if—
he was a British overseas territories citizen by descent immediately before the commencement of this section, and
if at that time he was a British citizen as well as a British overseas territories citizen, he was a British citizen by descent.
After section 4 of the British Nationality Act 1981 insert—
Schedule 1 (which makes provision about the acquisition of British citizenship by reference to the British overseas territories) has effect.
A person shall become a British citizen on the commencement of this section if—
he was born on or after 26 April 1969 and before 1 January 1983,
he was born to a woman who at the time was a citizen of the United Kingdom and Colonies by virtue of her birth in the British Indian Ocean Territory, and
immediately before the commencement of this section he was neither a British citizen nor a British overseas territories citizen.
A person who is a British citizen by virtue of subsection (1) is a British citizen by descent for the purposes of the British Nationality Act 1981 (c. 61).
A person shall become a British overseas territories citizen on the commencement of this section if—
subsection (1)(a) and (b) apply in relation to him, and
immediately before the commencement of this section he was not a British overseas territories citizen.
A person who is a British overseas territories citizen by virtue of subsection (3) is such a citizen by descent for the purposes of the British Nationality Act 1981.
The enactments mentioned in Schedule 2 (which include some which are spent or effectively superseded) are repealed to the extent specified there.
This Act may be cited as the British Overseas Territories Act 2002.
The following provisions of this Act are to come into force on such day as the Secretary of State may by order made by statutory instrument appoint—
sections 3 to 5 and Schedule 1,
section 6, and
section 7 and Schedule 2, so far as relating to the British Nationality (Falkland Islands) Act 1983 (c. 6).
An order under subsection (2) may—
appoint different days for different purposes, and
include such transitional provision as the Secretary of State considers expedient.
This Act extends to—
the United Kingdom,
the Channel Islands and the Isle of Man, and
the British overseas territories.
Section 5
Section 1 of the British Nationality Act 1981 (c. 61) (acquisition of British citizenship by birth or adoption) is amended as follows. In subsection (1) (entitlement of person born in the United Kingdom whose parent is a British citizen or settled in the United Kingdom)— In subsection (2) (presumption in relation to infants found abandoned in the United Kingdom)— In subsection (5) (as inserted by the Adoption (Intercountry Aspects) Act 1999 (c. 18)) (entitlement of a person adopted pursuant to the order of a court in the United Kingdom), after “United Kingdom” insert “ or, on or after the appointed day, any court in a qualifying territory ”. In relation to any time after the commencement of this Schedule but before the coming into force of section 7 of the Adoption (Intercountry Aspects) Act 1999, in subsection (5) (entitlement pursuant to adoption order made by court in the United Kingdom), for “he” substitute “ or where on or after the appointed day such an order is made by any court in a qualifying territory, the minor ”.
Section 50 of that Act (interpretation) is amended as follows. “appointed day” means the day appointed by the Secretary of State under section 8 of the British Overseas Territories Act 2002 for the commencement of Schedule 1 to that Act; and “qualifying territory” means a British overseas territory other than the Sovereign Base Areas of Akrotiri and Dhekelia; In subsection (7) (birth aboard ships and aircraft) for the words from “The preceding provisions” to the end substitute—
In section 51(3)(a)(ii) of that Act (“citizen of the United Kingdom and colonies”), after “1983” insert “ or the British Overseas Territories Act 2002 ”.
Section 2 of that Act (acquisition by descent) is amended as follows; but nothing in this paragraph affects the operation of that section in relation to persons born before the commencement of this Schedule. In subsection (1) (birth outside the United Kingdom)— In subsection (2)(a) (Crown service under the government of the United Kingdom), after “United Kingdom” insert “ or of a qualifying territory ”. In subsection (3) (services associated with the government of the United Kingdom)—
Section 3 of that Act (acquisition by registration: minors) is amended as follows; but nothing in this paragraph affects the operation of that section in relation to persons born before the commencement of this Schedule. In subsection (2) (registration of persons born outside United Kingdom), after “outside the United Kingdom” insert “ and the qualifying territories ”. In subsection (3)(c) (requirements in case of infants)— In subsection (5) (requirements in case of minors)—
In section 37(1)(a) of that Act (meaning of “Commonwealth citizen”), after “1983” insert “ or the British Overseas Territories Act 2002 ”.
Section 7 Short title and chapter Extent of repeal British Nationality Act 1981 (c. 61) In section 43(1)(b), “which is for the time being a colony”. In section 50(1), the definition of “dependent territory”. British Nationality (Falkland Islands) Act 1983 (c. 6) Sections 1(2) to (5) and 2.