ANNEX A to
Chapter 4
SERVICE DESIGNATED UNDER SECTION 2(3) OF THE BRITISH NATIONALITY ACT 1981
SERVICE DESIGNATED
COMMENTS
This includes:
1.
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
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
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).
DATE OF DES
1.1.83
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
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
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
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)
1.1.83
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)
SERVICE DESIGNATED
. Service under the North Atlantic
Treaty Organisation (N.A.T.O.)
COMMENTS
B.
The following organisations were
revoked by the Service Departments
Registers (Amendment) Order 1988.
Designation will apply for the
period indicated only.
1.
2.
3.
4.
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.
. Service under the Medical Research
Council
1.1.83 to
16.6.06
1.1.83
Only service paid wholly by the
British Council may be regarded as
designated.
. Service under the British Tourist
Authority
. Service under the Commonwealth
Development Corporation
1.1.83 to
30.9.88
Combined Services Entertainments
Services Central Book Depot
St Andrews' Ambulance
Association
Forces Help Society and Lord
Roberts Workshops
. Service under the Commonwealth War
Graves Commission
. Service under the British Council
DATE OF DES
1.1.83
1.1.83
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
21.12.84
SERVICE DESIGNATED
ervice under the Science and
ngineering Research Council
COMMENTS
Ceased to exist on 31.3.94. Most
employees will, thereafter, be
covered by 16, 17, 18 or 19 below
ervice under the Natural
nvironment Research Council
DATE OF DES.
21.12.84 to
31.3.94
21.12.84
ervice under the Agricultural
nd 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
ervice outside the UK with any
rganisation while on secondment
rom a Research Council mentioned
n 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
ervice under the European
atent Office.
From 16.6.06 such service falls
within category 23 below.
16.2.90 to
16.6.06
ervice under the Customs Coperation Council.
From 16.6.06 such service falls
within category 23 below.
1.4.94 to
16.6.06
ervice under or on secondment
rom the Biotechnology and
iological Sciences Research
ouncil.
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
ervice under or on secondment
rom the Engineering and Physical
ciences Research Council.
Assumed some of the responsibilities
of the former Science and
Engineering Research Council (see 10
above).
ervice under or on secondment
rom the Particle Physics and
stronomy Research Council
Assumed some of the responsibilities
of the former Science and
Engineering Research Council (see 10
above)
1.4.94
1.4.94 to
31.3.07
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).
ervice under or on secondment
rom the Council for the Central
aboratory of the Research
ouncils
Formerly part of the Engineering and
Physical Sciences Research Council
(see 17 above)
1.4.95 to
31.3.07
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
Service under the International
Energy Agency
From 16.6.06 such service falls
within category 23 below.
1.4.95 to
16.6.06
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
Service under an international
organisation of which the United
Most such organisations are listed
16.6.06
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).
Kingdom or HMG in the United
Kingdom is a member
in Chapter 18 Annex F(i).
4.
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).
5.
Service under the Welsh Assembly
Government
1.4.07
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
place.
the
to
confirm
where
that
recruitment
took
Should further evidence be required, a copy of
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
process
of
Service
and
recruited
attestation.
of
Her
where
they
Members
Majesty's
of
go
the
Diplomatic
through
Home
the
Civil
Service
are
regarded as having been recruited in the United Kingdom.