Page:British Nationality Act 1981.pdf/29

26c. 61

(2) A person born in a foreign country within five years after commencement shall be entitled, on an application for his registration as a British Overseas citizen made within the period of twelve months from the date of the birth, to be registered as such a citizen if—
 * (a) the requirements referred to in subsection (1)(a) of section 9 are fulfilled in the case of that person’s father, subsection (2)(b) of that section being for the purposes of this paragraph read as if—
 * (i) any reference to becoming a British citizen were a reference to becoming a citizen of any of the following descriptions, namely a British citizen, a British Dependent Territories citizen and a British Overseas citizen; and
 * (ii) the reference to remaining a British citizen throughout any period were a reference to being throughout that period a citizen of at least one of those descriptions (though not necessarily the same one) throughout that period; and
 * (b) had that person been born before commencement and become a citizen of the United Kingdom and Colonies as mentioned in subsection (1)(b) of that section, he would at commencement have become a British Overseas citizen by virtue of section 26.

28.—(1) A woman who immediately before commencement was the wife of a citizen of the United Kingdom and Colonies shall be entitled, on an application for her registration as a British Overseas citizen made within five years after commencement, to be registered as a British Overseas citizen if—
 * (a) immediately before commencement she would (if she had applied for it) have been entitled under section 6(2) of the 1948 Act to be registered as a citizen of the United Kingdom and Colonies by virtue of her marriage to the man who was then her husband; and
 * (b) that man became a British Overseas citizen at commencement and did not at any time in the period from commencement to the date of the application under this subsection cease to be such a citizen as a result of a declaration of renunciation; and
 * (c) she remained married to him throughout that period.

(2) On an application for her registration as a British Overseas citizen made within five years after commencement, the Secretary of State may, if he thinks fit, cause a woman to be registered as such a citizen if—
 * (a) immediately before commencement she would (if she had applied for it) have been entitled under section 6(2) of