Page:Immigration Act 1971 (UKPGA 1971-77 qp).pdf/40

38c. 77 SCHEDULE 1 1. The law with respect to registration as a citizen of the United Kingdom and Colonies shall be modified as follows:—
 * (a) in the British Nationality Act 1948, immediately before section 6, there shall be inserted as section SA the provisions set out in Appendix A to this Schedule, and no person shall be entitled to be registered under or by virtue of section 6(1) of that Act except in the transitional cases allowed for by paragraph 2 below; and
 * (b) in section 8 of the British Nationality Act 1948 (registration outside United Kingdom)—
 * (i) after the words “foregoing sections” there shall be inserted in subsection (1) the words “or, subject to subsection (1A) of this section, under section 5A” and in subsection (2) the words “or under section 5A of this Act”; and
 * (ii) there shall be omitted in subsection (1) the words from “and as if” onwards (except for purposes of registration by virtue of paragraph 2 below), and there shall be inserted as subsections (1A) and (1B) the provisions set out in Appendix B to this Schedule; and
 * (c) for section 9 of the British Nationality Act 1948 there shall be substituted the provisions set out in Appendix C to this Schedule (which insert in the section a reference to the new section 5A and add a requirement for the taking in certain cases of an oath of allegiance).

2. Notwithstanding anything in paragraph 1 above or any repeal made by this Act (but subject to paragraph 3 below), a person who would but for this Act have been entitled under or by virtue of section 6(1) of the British Nationality Act 1948 to be registered as a citizen of the United Kingdom and Colonies shall be entitled to be so registered in the United Kingdom if he satisfies the Secretary of State that at the date of his application to be registered he had throughout the last five years or, if it is more than five years, throughout the period since the coming into force of this Act been ordinarily resident in the United Kingdom without being subject, by virtue of any law relating to immigration, to any restriction on the period for which he might remain.

3.—(1) A person in respect of whom a recommendation for deportation is at the date of his application in force shall not be entitled to be registered as a citizen of the United Kingdom and Colonies by virtue of paragraph 2 above.

(2) Where, in accordance with any regulations relating to appeals, a person, when he applies to be so registered by virtue of paragraph 2 above, has been given notice of a decision to make a deportation order in respect of him, he shall not be entitled to be so registered by virtue of that paragraph, unless before the date of his application