Statutory Instruments
2004 No. 2109
BRITISH NATIONALITY
The British Nationality (General) (Amendment No. 2) Regulations 2004
Made
10th August 2004
Laid before Parliament
11th August 2004
Coming into force
1st September 2004
The Secretary of State, in exercise of the powers conferred upon him by section 41(1)(ba) and (1A) of the British Nationality Act 1981( 1 ) hereby makes the following Regulations:
1. These Regulations may be cited as the British Nationality (General) (Amendment No. 2) Regulations 2004 and shall come into force on 1st September 2004.
2. —(1)Regulation 5A of the British Nationality (General) Regulations 2003( 2 ) is amended as follows.
(2) In paragraph (1)(b), for “the person designated” substitute “a person designated”.
(3) After paragraph (1)(b), there is inserted:
“ ; or
(c)a person designated by the Secretary of State under paragraph (3) below certifies in writing that he has knowledge of the English language to the level reasonably to be expected of a person of full age and capacity whose native language is English. ” .
(4) In paragraph (2), for the words from “The Secretary of State” to “of the Act” substitute “A person designated by the Secretary of State may determine sufficiency of knowledge of the English language for the purpose of paragraph (1)(b) above”.
(5) After paragraph (2) there is inserted:
“ (3) A person designated by the Secretary of State may determine sufficiency of knowledge of the English language for the purpose of paragraph (1)(c) above where an applicant—
(a) claims to have knowledge of the English language to the level reasonably to be expected of a person of full age and capacity whose native language is English; and
(b) attends an interview with the designated person for the purpose of establishing that he does. ” .
Des Browne
Minister of State
Home Office
10th August 2004
1981 c. 61 . Section 41(1)(ba) and (1A) are inserted by section 1(3) and (4) of the Nationality, Immigration and Asylum Act 2002 (c. 41) .