Page:British Nationality Act 1981.pdf/33

30c. 61

(2) Any Order in Council made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

39.—(1) The Immigration Act 1971 shall be amended in accordance with the following provisions of this section.

(2) For section 2 (statement of right of abode) there shall be substituted—
 * 2.—(1) A person is under this Act to have the right of abode in the United Kingdom if—
 * (a) he is a British citizen; or
 * (b) he is a Commonwealth citizen who—
 * (i) immediately before the commencement of the British Nationality Act 1981 was a Commonwealth citizen having the right of abode in the United Kingdom by virtue of section 2(1)(d) or section 2(2) of this Act as then in force; and
 * (ii) has not ceased to be a Commonwealth citizen in the meanwhile.
 * (2) In relation to Commonwealth citizens who have the right of abode in the United Kingdom by virtue of subsection (1)(b) above, this Act, except this section and sections 3(9) and (9A), 5(2) and 13(3), shall apply as if they were British citizens; and in this Act (except as aforesaid) “British citizen” shall be construed accordingly.”.
 * (2) In relation to Commonwealth citizens who have the right of abode in the United Kingdom by virtue of subsection (1)(b) above, this Act, except this section and sections 3(9) and (9A), 5(2) and 13(3), shall apply as if they were British citizens; and in this Act (except as aforesaid) “British citizen” shall be construed accordingly.”.

(3) For section 3(9) (certificates of patriality) there shall be substituted—
 * “(9) A person within this subsection seeking to enter the United Kingdom and claiming to have the right of abode there shall prove that he has that right by means of such certificate of entitlement as may be specified in the immigration rules, unless—
 * (a) he claims to be a British citizen and produces (or is present when there is produced) a United Kingdom passport describing him as such a citizen or a United Kingdom passport describing him as a citizen of the United Kingdom and Colonies having the right of abode in the United Kingdom; or
 * (b) in the case of a woman falling within subsection (9A)(b) below who claims to be a British citizen as there mentioned by virtue of section 2(2) of this Act as in force immediately before the commencement of the British Nationality Act 1981, she