Page:British Nationality Act 1981.pdf/34

Part V

shows that immediately before that commencement she—

(i) was a citizen of the United Kingdom and Colonies; and

(ii) had the right of abode in the United Kingdom by virtue of section 2(2) of this Act, as then in force, apart from any reference therein to section 2(1)(c) or (d) as then in force.

(9A) A person is within subsection (9) above if—

(a) he is not a British citizen; or

(b) he claims to be a British citizen by virtue of section 11(1) of the British Nationality Act 1981 on the ground that immediately before the commencement of that Act he had the right of abode in the United Kingdom by virtue of section 2(1)(c) or section 2(2) of this Act, as then in force.”.

(4) In section 8 (exceptions for special cases), after subsection (5) there shall be inserted—

“(5A) An order under subsection (2) above may, as regards any person or class of persons to whom it applies, provide for that person or class to be in specified circumstances regarded (notwithstanding the order) as settled in the United Kingdom for the purposes of section 1(1) of the British Nationality Act 1981.”.

(5) For so much of section 13(3) as precedes the words “and a person” (restriction of right of appeal against decision that leave to enter the United Kingdom is required) there shall be substituted—

“(3) A person within section 3(9) above who does not hold a certificate of entitlement shall not be entitled to appeal on the ground that he has the right of abode in the United Kingdom against a decision that he requires leave to enter the United Kingdom 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 such a woman as is mentioned in paragraph (b) of section 3(9) above, she shows that immediately before the commencement of the British Nationality Act 1981 she satisfied the conditions specified in sub-paragraphs (i) and (ii) of that paragraph;”.