Nationality, Immigration and Asylum Act 2002 (c. 41)

(The document as of February, 2008)

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(6) An order under subsection (1) may--

(a) make provision generally or for a specified purpose only (which may include the purpose of the application of a provision to or in relation to a particular place or area);

(b) make different provision for different purposes;

(d) include savings;

(e) include consequential provision;

(f) include incidental provision.

(7) An order under this section must be made by statutory instrument.

163 Extent

(1) A provision of this Act which amends or repeals a provision of another Act or inserts a provision into another Act has the same extent as the provision amended or repealed or as the Act into which the insertion is made (ignoring, in any case, extent by virtue of an Order in Council).

(2) Sections 145 and 146 extend only to--

(a) England and Wales, and

(b) Northern Ireland.

(3) A provision of this Act to which neither subsection (1) nor subsection (2) applies extends to--

(a) England and Wales,

(b) Scotland, and

(4) Her Majesty may by Order in Council direct that a provision of this Act is to extend, with or without modification or adaptation, to--

(a) any of the Channel Islands;

(b) the Isle of Man.

(5) Subsection (4) does not apply in relation to the extension to a place of a provision which extends there by virtue of subsection (1).

164 Short title

This Act may be cited as the Nationality, Immigration and Asylum Act 2002.

SCHEDULES

Section 3

SCHEDULE 1 Citizenship Ceremony, Oath and Pledge

1 The following shall be substituted for section 42 of the British Nationality Act 1981 (c. 61) (registration and naturalisation: fee and oath)--

" 42 Registration and naturalisation: citizenship ceremony, oath and pledge

(1) A person of full age shall not be registered under this Act as a British citizen unless he has made the relevant citizenship oath and pledge specified in Schedule 5 at a citizenship ceremony.

(2) A certificate of naturalisation as a British citizen shall not be granted under this Act to a person of full age unless he has made the relevant citizenship oath and pledge specified in Schedule 5 at a citizenship ceremony.

(3) A person of full age shall not be registered under this Act as a British overseas territories citizen unless he has made the relevant citizenship oath and pledge specified in Schedule 5.

(4) A certificate of naturalisation as a British overseas territories citizen shall not be granted under this Act to a person of full age unless he has made the relevant citizenship oath and pledge specified in Schedule 5.

(5) A person of full age shall not be registered under this Act as a British Overseas citizen or a British subject unless he has made the relevant citizenship oath specified in Schedule 5.

(6) Where the Secretary of State thinks it appropriate because of the special circumstances of a case he may--

(a) disapply any of subsections (1) to (5), or

(b) modify the effect of any of those subsections.

(7) Sections 5 and 6 of the Oaths Act 1978 (c. 19) (affirmation) apply to a citizenship oath; and a reference in this Act to a citizenship oath includes a reference to a citizenship affirmation.

42A Registration and naturalisation: fee

(1) A person shall not be registered under a provision of this Act as a citizen of any description or as a British subject unless any fee payable by virtue of this Act in connection with the registration has been paid.

(2) A certificate of naturalisation shall not be granted to a person under a provision of this Act unless any fee payable by virtue of this Act in connection with the grant of the certificate has been paid.

42B Registration and naturalisation: timing

(1) A person who is registered under this Act as a citizen of any description or as a British subject shall be treated as having become a citizen or subject--

(a) immediately on making the required citizenship oath and pledge in accordance with section 42, or

(b) where the requirement for an oath and pledge is disapplied, immediately on registration.

(2) A person granted a certificate of naturalisation under this Act as a citizen of any description shall be treated as having become a citizen--

(a) immediately on making the required citizenship oath and pledge in accordance with section 42, or

(b) where the requirement for an oath and pledge is disapplied, immediately on the grant of the certificate.

(3) In the application of subsection (1) to registration as a British Overseas citizen or as a British subject the reference to the citizenship oath and pledge shall be taken as a reference to the citizenship oath. "

2 The following shall be substituted for Schedule 5 to the British Nationality Act 1981 (c. 61)--

" SCHEDULE 5 Citizenship Oath and Pledge

1 The form of citizenship oath and pledge is as follows for registration of or naturalisation as a British citizen--

Oath

"I, [name], swear by Almighty God that, on becoming a British citizen, I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law."

Pledge

"I will give my loyalty to the United Kingdom and respect its rights and freedoms. I will uphold its democratic values. I will observe its laws faithfully and fulfil my duties and obligations as a British citizen."

2 The form of citizenship oath and pledge is as follows for registration of or naturalisation as a British overseas territories citizen--

Oath

"I, [name], swear by Almighty God that, on becoming a British overseas territories citizen, I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law."

Pledge

"I will give my loyalty to [name of territory] and respect its rights and freedoms. I will uphold its democratic values. I will observe its laws faithfully and fulfil my duties and obligations as a British overseas territories citizen."

3 The form of citizenship oath is as follows for registration of a British Overseas citizen--

"I, [name], swear by Almighty God that, on becoming a British Overseas citizen, I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law."

4 The form of citizenship oath is as follows for registration of a British subject--

"I, [name], swear by Almighty God that, on becoming a British subject, I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law.". "

3 Section 41 of the British Nationality Act 1981 (c. 61) (regulations) shall be amended as follows.

4 For subsection (1)(d) substitute--

" (d) for the time within which an obligation to make a citizenship oath and pledge at a citizenship ceremony must be satisfied;

(da) for the time within which an obligation to make a citizenship oath or pledge must be satisfied;

(db) for the content and conduct of a citizenship ceremony;

(dc) for the administration and making of a citizenship oath or pledge;

(dd) for the registration and certification of the making of a citizenship oath or pledge;

(de) for the completion and grant of a certificate of registration or naturalisation; " .

5 In subsection (2)(c)--

(a) for "the taking there of any oath of allegiance" substitute "the making there of a citizenship oath or pledge", and

(b) for "granted or taken" substitute "or granted".

6 In subsection (3)(a) for "taking of oaths of allegiance" substitute "making of oaths and pledges of citizenship".

7 After subsection (3) insert--

" (3A) Regulations under subsection (1)(d) to (de) may, in particular--

(a) enable the Secretary of State to designate or authorise a person to exercise a function (which may include a discretion) in connection with a citizenship ceremony or a citizenship oath or pledge;

(b) require, or enable the Secretary of State to require, a local authority to provide specified facilities and to make specified arrangements in connection with citizenship ceremonies;

(c) impose, or enable the Secretary of State to impose, a function (which may include a discretion) on a local authority or on a registrar.

(3B) In subsection (3A)--

"local authority" means--
(a)
in relation to England and Wales, a county council, a county borough council, a metropolitan district council, a London Borough Council and the Common Council of the City of London, and
(b)
in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39), and
"registrar" means--
(a)
in relation to England and Wales, a superintendent registrar of births, deaths and marriages (or, in accordance with section 8 of the Registration Service Act 1953 (c. 37), a deputy superintendent registrar), and
(b)
in relation to Scotland, a district registrar within the meaning of section 7(12) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (c. 49). "

8 The Secretary of State may make a payment to a local authority in respect of anything done by the authority in accordance with regulations made by virtue of section 41(3A) of the British Nationality Act 1981 (c. 61).

9 (1) A local authority must--

(a) comply with a requirement imposed on it by regulations made by virtue of that section, and

(b) carry out a function imposed on it by regulations made by virtue of that section.

(2) A local authority on which a requirement or function is imposed by regulations made by virtue of that section--

(a) may provide facilities or make arrangements in addition to those which it is required to provide or make, and

(b) may make a charge for the provision of facilities or the making of arrangements under paragraph (a) which does not exceed the cost of providing the facilities or making the arrangements.

Section 15

SCHEDULE 2 Nationality: Repeal of Spent Provisions

1 The following provisions of the British Nationality Act 1981 (c. 61) shall cease to have effect--

(a) section 7 (registration as British citizen by virtue of residence or employment),

(b) section 8 (registration as British citizen by virtue of marriage),

(d) section 19 (registration as British Dependent Territories citizen by virtue of residence),

(e) section 20 (registration as British Dependent Territories citizen by virtue of marriage),

(f) section 21 (registration as British Dependent Territories citizen by virtue of father's status),

(g) section 27(2) (entitlement of minor to registration as British Overseas citizen),

(h) section 28 (registration as British Overseas citizen by virtue of marriage), and

(i) section 33 (registration as British subject of certain women by virtue of earlier entitlement).

2 Nothing in this Schedule has any effect in relation to a registration made under a provision before its repeal.

Section 54

SCHEDULE 3 Withholding and Withdrawal of Support

Ineligibility for support

1 (1) A person to whom this paragraph applies shall not be eligible for support or assistance under--

(a) section 21 or 29 of the National Assistance Act 1948 (c. 29) (local authority: accommodation and welfare),

(b) section 45 of the Health Services and Public Health Act 1968 (c. 46) (local authority: welfare of elderly),

(d) Article 7 or 15 of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)) (prevention of illness, social welfare, &c.),

(e) section 21 of and Schedule 8 to the National Health Service Act 1977 (c. 49) (social services),

(f) section 29(1)(b) of the Housing (Scotland) Act 1987 (c. 26) (interim duty to accommodate in case of apparent priority need where review of a local authority decision has been requested),

(g) section 17, 23C, 24A or 24B of the Children Act 1989 (c. 41) (welfare and other powers which can be exercised in relation to adults),

(h) Article 18, 35 or 36 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)) (welfare and other powers which can be exercised in relation to adults),

(i) sections 22, 29 and 30 of the Children (Scotland) Act 1995 (c. 36) (provisions analogous to those mentioned in paragraph (g)),

(j) section 188(3) or 204(4) of the Housing Act 1996 (c. 52) (accommodation pending review or appeal),

(k) section 2 of the Local Government Act 2000 (c. 22) (promotion of well-being),

(l) a provision of the Immigration and Asylum Act 1999 (c. 33), or

(m) a provision of this Act.

(2) A power or duty under a provision referred to in sub-paragraph (1) may not be exercised or performed in respect of a person to whom this paragraph applies (whether or not the person has previously been in receipt of support or assistance under the provision).

(3) An approval or directions given under or in relation to a provision referred to in sub-paragraph (1) shall be taken to be subject to sub-paragraph (2).

Exceptions

2 (1) Paragraph 1 does not prevent the provision of support or assistance--

(a) to a British citizen, or

(b) to a child, or

(d) in a case in respect of which, and to the extent to which, regulations made by the Secretary of State disapply paragraph 1, or

(e) in circumstances in respect of which, and to the extent to which, regulations made by the Secretary of State disapply paragraph 1.

(2) Regulations under sub-paragraph (1)(d) may confer a discretion on the Secretary of State.

(3) Regulations under sub-paragraph (1)(e) may, in particular, disapply paragraph 1 to the provision of support or assistance by a local authority to a person where the authority--

(a) has taken steps in accordance with guidance issued by the Secretary of State to determine whether paragraph 1 would (but for the regulations) apply to the person, and

(b) has concluded on the basis of those steps that there is no reason to believe that paragraph 1 would apply.

(4) Regulations under sub-paragraph (1)(d) or (e) may confer a discretion on an authority.

(5) A local authority which is considering whether to give support or assistance to a person under a provision listed in paragraph 1(1) shall act in accordance with any relevant guidance issued by the Secretary of State under sub-paragraph (3)(a).

(6) A reference in this Schedule to a person to whom paragraph 1 applies includes a reference to a person in respect of whom that paragraph is disapplied to a limited extent by regulations under sub-paragraph (1)(d) or (e), except in a case for which the regulations provide otherwise.

3 Paragraph 1 does not prevent the exercise of a power or the performance of a duty if, and to the extent that, its exercise or performance is necessary for the purpose of avoiding a breach of--

(a) a person's Convention rights, or

(b) a person's rights under the Community Treaties.

First class of ineligible person: refugee status abroad

4 (1) Paragraph 1 applies to a person if he--

(a) has refugee status abroad, or

(b) is the dependant of a person who is in the United Kingdom and who has refugee status abroad.

(2) For the purposes of this paragraph a person has refugee status abroad if--

(a) he does not have the nationality of an EEA State, and

(b) the government of an EEA State other than the United Kingdom has determined that he is entitled to protection as a refugee under the Refugee Convention.

Second class of ineligible person: citizen of other EEA State

5 Paragraph 1 applies to a person if he--

(a) has the nationality of an EEA State other than the United Kingdom, or

(b) is the dependant of a person who has the nationality of an EEA State other than the United Kingdom.

Third class of ineligible person: failed asylum-seeker

6 (1) Paragraph 1 applies to a person if--

(a) he was (but is no longer) an asylum-seeker, and

(b) he fails to cooperate with removal directions issued in respect of him.

(2) Paragraph 1 also applies to a dependant of a person to whom that paragraph applies by virtue of sub-paragraph (1).

Fourth class of ineligible person: person unlawfully in United Kingdom

7 Paragraph 1 applies to a person if--

(a) he is in the United Kingdom in breach of the immigration laws within the meaning of section 11, and

(b) he is not an asylum-seeker.

Travel assistance

8 The Secretary of State may make regulations providing for arrangements to be made enabling a person to whom paragraph 1 applies by virtue of paragraph 4 or 5 to leave the United Kingdom.

Temporary accommodation

9 (1) The Secretary of State may make regulations providing for arrangements to be made for the accommodation of a person to whom paragraph 1 applies pending the implementation of arrangements made by virtue of paragraph 8.

(2) Arrangements for a person by virtue of this paragraph--

(a) may be made only if the person has with him a dependent child, and

(b) may include arrangements for a dependent child.

10 (1) The Secretary of State may make regulations providing for arrangements to be made for the accommodation of a person if--

(a) paragraph 1 applies to him by virtue of paragraph 7, and

(b) he has not failed to cooperate with removal directions issued in respect of him.

(2) Arrangements for a person by virtue of this paragraph--

(a) may be made only if the person has with him a dependent child, and

(b) may include arrangements for a dependent child.

Assistance and accommodation: general

11 Regulations under paragraph 8, 9 or 10 may--

(a) provide for the making of arrangements under a provision referred to in paragraph 1(1) or otherwise;

(b) confer a function (which may include the exercise of a discretion) on the Secretary of State, a local authority or another person;

(d) provide that arrangements may not be made in a specified manner;

(e) require a local authority or another person to have regard to guidance issued by the Secretary of State in making arrangements;

(f) require a local authority or another person to comply with a direction of the Secretary of State in making arrangements.

12 (1) Regulations may, in particular, provide that if a person refuses an offer of arrangements under paragraph 8 or fails to implement or cooperate with arrangements made for him under that paragraph--

(a) new arrangements may be made for him under paragraph 8, but

(b) new arrangements may not be made for him under paragraph 9.

(2) Regulations by virtue of this paragraph may include exceptions in the case of a person who--

(a) has a reason of a kind specified in the regulations for failing to implement or cooperate with arrangements made under paragraph 8, and

(b) satisfies any requirements of the regulations for proof of the reason.

Offences

13 (1) A person who leaves the United Kingdom in accordance with arrangements made under paragraph 8 commits an offence if he--

(a) returns to the United Kingdom, and

(b) requests that arrangements be made for him by virtue of paragraph 8, 9 or 10.

(2) A person commits an offence if he--

(a) requests that arrangements be made for him by virtue of paragraph 8, 9 or 10, and

(b) fails to mention a previous request by him for the making of arrangements under any of those paragraphs.

(3) A person who is guilty of an offence under this paragraph shall be liable on summary conviction to imprisonment for a term not exceeding six months.

Information

14 (1) If it appears to a local authority that paragraph 1 applies or may apply to a person in the authority's area by virtue of paragraph 6 or 7, the authority must inform the Secretary of State.

(2) A local authority shall act in accordance with any relevant guidance issued by the Secretary of State for the purpose of determining whether paragraph 1 applies or may apply to a person in the authority's area by virtue of paragraph 6 or 7.

Power to amend Schedule

15 The Secretary of State may by order amend this Schedule so as--

(a) to provide for paragraph 1 to apply or not to apply to a class of person;

(b) to add or remove a provision to or from the list in paragraph 1(1);

Orders and regulations

16 (1) An order or regulations under this Schedule must be made by statutory instrument.

(2) An order or regulations under this Schedule may--

(a) make provision which applies generally or only in specified cases or circumstances or only for specified purposes;

(b) make different provision for different cases, circumstances or purposes;

(d) make consequential provision (which may include provision amending a provision made by or under this or another Act).

(3) An order under this Schedule, regulations under paragraph 2(1)(d) or (e) or other regulations which include consequential provision amending an enactment shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

(4) Regulations under this Schedule to which sub-paragraph (3) does not apply shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Interpretation

17 (1) In this Schedule--

"asylum-seeker" means a person--
(a)
who is at least 18 years old,
(b)
who has made a claim for asylum (within the meaning of section 18(3)), and
(c)
whose claim has been recorded by the Secretary of State but not determined,
"Convention rights" has the same meaning as in the Human Rights Act 1998 (c. 42),
"child" means a person under the age of eighteen,
"dependant" and "dependent" shall have such meanings as may be prescribed by regulations made by the Secretary of State,
"EEA State" means a State which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 (as it has effect from time to time),
"local authority"--
(a)
in relation to England and Wales, has the same meaning as in section 129(3),
(b)
in relation to Scotland, has the same meaning as in section 129(4), and
(c)
in relation to Northern Ireland, means a health service body within the meaning of section 133(4)(d) and the Northern Ireland Housing Executive (for which purpose a reference to the authority's area shall be taken as a reference to Northern Ireland),
"the Refugee Convention" means the Convention relating to the status of Refugees done at Geneva on 28th July 1951 and its Protocol, and
"removal directions" means directions under Schedule 2 to the Immigration Act 1971 (c. 77) (control of entry, &c.), under Schedule 3 to that Act (deportation) or under section 10 of the Immigration and Asylum Act 1999 (c. 33) (removal of person unlawfully in United Kingdom).

(2) For the purpose of the definition of "asylum-seeker" in sub-paragraph (1) a claim is determined if--

(a) the Secretary of State has notified the claimant of his decision,

(b) no appeal against the decision can be brought (disregarding the possibility of an appeal out of time with permission), and

(3) For the purpose of sub-paragraph (2)(c) an appeal is disposed of when it is no longer pending for the purpose of--

(a) Part 5 of this Act, or

(b) the Special Immigration Appeals Commission Act 1997 (c. 68).

(4) The giving of directions in respect of a person under a provision of the Immigration Acts is not the provision of assistance to him for the purposes of this Schedule.

Section 81

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