Page:British Nationality Act 1981.pdf/59

56c. 61

(3) A person shall not be a British subject by virtue of this paragraph if by virtue of it he is a citizen of a description mentioned in sub-paragraph (2). Persons born in a dependent territory after commencement 2.—(1) Where a person born in a dependent territory after commencement would, but for this paragraph, be born stateless, then, subject to sub-paragraph (3)—
 * (a) if at the time of the birth his father or mother is a citizen or subject of a description mentioned in sub-paragraph (2), he shall be a citizen or subject of that description; and accordingly
 * (b) if he is born legitimate and at the time of the birth each of his parents is a citizen or subject of a different description so mentioned, he shall be a citizen or subject of the same description so mentioned as each of them is respectively at that time.

(2) The descriptions referred to in sub-paragraph (1) are a British citizen, a British Overseas citizen and a British subject under this Act.

(3) A person shall not be a British subject by virtue of this paragraph if by virtue of it he is a citizen of a description mentioned in sub-paragraph (2). Persons born in the United Kingdom or a dependent territory after commencement 3.—(1) A person born in the United Kingdom or a dependent territory after commencement shall be entitled, on an application for his registration under this paragraph, to be so registered if the following requirements are satisfied in his case, namely—
 * (a) that he is and always has been stateless; and
 * (b) that on the date of the application he had attained the age of ten but was under the age of twenty-two; and
 * (c) that he was in the United Kingdom or a dependent territory (no matter which) at the beginning of the period of five years ending with that date and that (subject to paragraph 6) the number of days on which he was absent from both the United Kingdom and the dependent territories in that period does not exceed 450.

(2) A person entitled to registration under this paragraph—
 * (a) shall be registered under it as a British citizen if, in the period of five years mentioned in sub-paragraph (1), the number of days wholly or partly spent by him in the United Kingdom exceeds the number of days wholly or partly spent by him in the dependent territories;
 * (b) in any other case, shall be registered under it as a British Dependent Territories citizen.