ANNEX A to
Chapter 4
SERVICE DESIGNATED UNDER SECTION 2(3) OF THE BRITISH NATIONALITY ACT 1981
SERVICE DESIGNATED / COMMENTS / DATE OF DES1. Service as:
(a) an officer administering the
government of a territory for whose external relations the United Kingdom is responsible; or
(b) an official in the government of such a territory; or
(c) a judge or magistrate of such a territory
/ This includes:
a. existing British overseas
territory, Channel Islands and
Isle of Man government officials
b. those in Crown Service under
the government of the UK as
defined in s.32(1) read with
s.33(1) of the British
Nationality Act 1948
c. past and present members of
HM Overseas Civil Service / 1.1.83
2.
Service in pursuance of an appointment outside the United Kingdom in respect of which the person concerned is on secondment from Crown service under the government of the United Kingdom or of a qualifying territory / Persons are on "secondment" from Crown service if they were in such service but are for the time being in temporary service elsewhere under arrangements whereby they are to return to Crown service when that temporary service ends.
“Qualifying territory” means any British Overseas Territory except the Sovereign Base Areas on Cyprus / 1.1.83 (in respect of secondment from UK government Crown service)
16.6.06 (in respect of secondment from qualifying territory government Crown service)
3. Service in respect of which the person concerned –
(a) is, under section 209(2) of the Army Act 1955, subject to Part II of that Act by virtue paragraph 2, 3 or 4 of Schedule 5 to that Act (civilians outside the United Kingdom subject to Part II when not on active service); or
(b) is, under section 209(2) of the Air Force Act 1955, subject to Part II of that Act by virtue of paragraph 2, 3 or 4 of Schedule 5 to that Act (civilians outside the United Kingdom subject to Part II when not on active service); or
(c) is, under section 118(2) of the Naval Discipline Act 1957, subject to that Act by virtue of paragraph 2, 3 or 4 of Schedule 3 to that Act (civilians subject to the Act outside Her Majesty’s dominions). / A.
This includes service with:
1. The South-East Asia Collective Defence Treaty Organisation (SEATO)
2. The Baghdad Pact Council
3. The Australia, New Zealand and Malaya Defence Organisation
4. The Central Treaty Organisation
5. Navy, Army and Air Force Institutes (NAAFI)
6. Services Sound and Vision Corporation
7. British Red Cross Society
8. The Venerable Order of the Hospital of St John of Jerusalem
9. Council of Voluntary Welfare Work (which includes the YMCA, YWCA, the Catholic Women's League, the Salvation Army, the Church Army, the Church of Scotland Committee on Hut and Canteen Work for HM Forces, Methodist Church Forces' Centres, Toc H, Church of England Soldiers', Sailors' and Airmen's Clubs, Mission to Mediterranean Garrisons, Royal Sailors' Rests and Sandes' Soldiers' and Airmen's Homes)
10. Soldiers' and Airmen Scripture Readers' Association
11. Malcolm Clubs
12. Women's Royal Voluntary Service
13. Royal Naval Film Corporation
14. Royal Naval Lay Readers' Society
15. British Sailors' Society
16. Missions to Seamen
17. Soldiers', Sailors' and Airmen's Families Association (SSAFA) / 1.1.83
SERVICE DESIGNATED / COMMENTS / DATE OF DES
B.
The following organisations were revoked by the Service Departments Registers (Amendment) Order 1988. Designation will apply for the period indicated only.
1. Combined Services Entertainments
2. Services Central Book Depot
3. St Andrews' Ambulance Association
4. Forces Help Society and Lord Roberts Workshops / 1.1.83 to
30.9.88
4. Service under the North Atlantic Treaty Organisation (N.A.T.O.) / This includes service with agencies and units of N.A.T.O. for example S.H.A.P.E. and its subordinate units. From 16.6.06 such service falls within category 23 below. / 1.1.83 to 16.6.06
5. Service under the Commonwealth War Graves Commission / 1.1.83
6. Service under the British Council / Only service paid wholly by the British Council may be regarded as designated. / 1.1.83
7. Service under the British Tourist Authority / 1.1.83
8. Service under the Commonwealth Development Corporation / The former statutory corporation became a public limited company and then, from 2004, two separate companies (“CDC” and “Actis LLP”). Service under the successor organisations has NOT been designated. / 21.12.84 to 16.6.06
9. Service under the Medical Research Council / 21.12.84
SERVICE DESIGNATED / COMMENTS / DATE OF DES.
10. Service under the Science and Engineering Research Council / Ceased to exist on 31.3.94. Most employees will, thereafter, be covered by 16, 17, 18 or 19 below / 21.12.84 to 31.3.94
11. Service under the Natural Environment Research Council / 21.12.84
12. Service under the Agricultural and Food Research Council / Ceased to exist on 31.3.94. Most employees will, thereafter, be covered by 16 below / 30.4.87 to 31.3.94
13. Service outside the UK with any organisation while on secondment from a Research Council mentioned in 9-12 above. / Persons are on "secondment" if, having been in designated service with a Research Council, they are temporarily serving elsewhere under arrangements whereby they are to return to designated service with that Research Council when the temporary service ends. / 30.4.87
14. Service under the European Patent Office. / From 16.6.06 such service falls within category 23 below. / 16.2.90 to 16.6.06
15. Service under the Customs Co- operation Council. / From 16.6.06 such service falls within category 23 below. / 1.4.94 to 16.6.06
16. Service under or on secondment from the Biotechnology and Biological Sciences Research Council. / Assumed some of the responsibilities of the former Science and Engineering Research Council and all those of the former Agricultural and Food Research Council (see 10 and 12 above). / 1.4.94
17. Service under or on secondment from the Engineering and Physical Sciences Research Council. / Assumed some of the responsibilities of the former Science and Engineering Research Council (see 10 above). / 1.4.94
18. Service under or on secondment from the Particle Physics and Astronomy Research Council / Assumed some of the responsibilities of the former Science and Engineering Research Council (see 10 above)
Merged with the Council for the Central Laboratory of the Research Councils (category 19 below) on 1.4.07 to form the Science and Technology Facilities Council (see 24 below). / 1.4.94 to 31.3.07
19. Service under or on secondment from the Council for the Central Laboratory of the Research Councils / Formerly part of the Engineering and Physical Sciences Research Council (see 17 above)
Merged with the Particle Physics and Astronomy Research Council (category 18 above) on 1.4.07 to form the Science and Technology Facilities Council (see 24 below). / 1.4.95 to 31.3.07
20. Service under the European Conference of Ministers of Transport. / From 16.6.06 such service falls within category 23 below. / 1.4.95 to 16.6.06
21. Service under the International Energy Agency / From 16.6.06 such service falls within category 23 below. / 1.4.95 to 16.6.06
22. Service under the Organisation for Economic Co-operation and Development / From 16.6.06 such service falls within category 23 below. / 1.4.95 to 16.6.06
23. Service under an international organisation of which the United Kingdom or HMG in the United Kingdom is a member / Most such organisations are listed in Chapter 18 Annex F(i). / 16.6.06
24. Service under the Science and Technology Facilities Council / Formed as a result of a merger of the Particle Physics and Astronomy Research Council and the Council for the Central Laboratory of the Research Councils (see 18 and 19 above). / 1.4.07
25. Service under the Welsh Assembly Government / 14.02.08 to 05.11.09
ANNEX A(i)
to Chapter 4
Guidance on the definition of "recruitment" for the purpose of section 2(1)(b) of the BNA 1981
1. Section 2(1)(b) of the British Nationality Act 1981 refers to children born after commencement to British citizens in Crown or designated service. Any child who is recognised as having a claim to British citizenship under s.2(1)(b) will be a British citizen otherwise than by descent.
2. In order to have a claim, the relevant parent's recruitment to Crown or designated service must have taken place either in the United Kingdom or, on or after 21 May 2002, in a qualifying territory. No further definition is given in the Act. However, when deciding whether a claim may be recognised, the following factors are taken into consideration:
· Was the relevant parent employed as a result of recruitment initiatives - advertisements, university/career fair visits etc - in the United Kingdom or, if applicable, a qualifying territory? or
· Did the relevant parent go through a selection process in the United Kingdom or, if applicable, a qualifying territory? or
· Does the relevant parent hold a contract of employment made in the United Kingdom or, if applicable, a qualifying territory?
3. Should the applicant parent fail to meet these criteria, it is unlikely that the child would qualify under s.2(1)(b).
4. Similar considerations apply to the question of whether recruitment to service under a community institution can be said to have taken place in a Community Member State, as required by s.2(1)(c).
5. Evidence
5.1 Normally, a letter from the employing organisation will be sufficient to confirm where that recruitment took place. Should further evidence be required, a copy of the contract of employment, or correspondence to the parent from the employing organisation at the time of selection, showing the process took place in the United Kingdom/qualifying territory (if applicable), would serve to confirm that this requirement is met.
6. The Armed Forces, Home Civil Service, and H M Diplomatic Service
6.1 Officers in Her Majesty's forces are, in all cases, recruited in the United Kingdom; other ranks are regarded as having been recruited where they go through the process of attestation. Members of the Home Civil Service and of Her Majesty's Diplomatic Service are regarded as having been recruited in the United Kingdom.