Moved by
Lord Avebury
57E: After Clause 64, insert the following new Clause—
“Descent through the female line
(1) Section 4C of the British Nationality Act 1981 (acquisition by registration: certain persons born between 1961 and 1983) is amended as follows.
(2) In subsection (3A)(a), after “father,” omit “and”.
(3) In subsection (3A)(b), at beginning insert “where material,”.
(4) In subsection (3A)(b), at end insert—
“(c) where material—
(i) the applicant’s mother or father (“the parent in question”) would have acquired citizenship by descent from a mother on the assumption that, as applied to the parent in question, section 5 or 12(2) of, or paragraph 3 of Schedule 3 to, the 1948 Act (as the case may be) provided for citizenship by descent from a mother in the same terms as it provided for citizenship by descent from a father, and references in that provision to a father were references to the parent in question’s mother, or
(ii) the parent in question would have acquired a nationality status by descent from a mother on the assumption that, as applied to the parent in question, a provision of the law at some time before 1st January 1949 which provided for a nationality status to be acquired by descent from a father provided in the same terms for its acquisition by descent from a mother, and references in that provision to a father were references to the parent in question’s mother”.
(5) In subsection (3B)(a), after “mother,” omit “and”.
(6) In subsection (3B)(b), at beginning insert “where material”.
(7) In subsection (3B)(b), at end insert—
“(c) where material, the parent in question would have acquired a nationality status by descent from a mother on the assumption that, as applied to the parent in question, a provision of the law at some time before 1st January 1949 which provided for a nationality status to be acquired by descent from a father provided in the same terms for its acquisition by descent from a mother, and references in that provision to a father were references to the parent in question’s mother”.”