Section 10 — Nationality, Immigration and Asylum Act 2002: Right of abode: certificate of entitlement

Right of abode: certificate of entitlement 10 1 The Secretary of State may by regulations make provision for the issue to a person of a certificate that he has the right of abode in the United Kingdom.

2 The regulations may, in particular—

a specify to whom an application must be made;

b specify the place (which may be outside the United Kingdom) to which an application must be sent;

c provide that an application must be accompanied by specified information;

d provide that an application must be accompanied by specified documents;

e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . f specify the consequences of failure to comply with a requirement under any of paragraphs (a) to (d) above;

g provide for a certificate to cease to have effect after a period of time specified in or determined in accordance with the regulations;

h make provision about the revocation of a certificate.

3 The regulations may—

a make provision which applies generally or only in specified cases or circumstances;

b make different provision for different purposes;

c include consequential, incidental or transitional provision.

4 The regulations—

a must be made by statutory instrument, and b shall be subject to annulment in pursuance of a resolution of either House of Parliament.

5 The Immigration Act 1971 (c. 77) shall be amended as follows—

a in section 3(9)(b) (proof of entitlement to right of abode) the words “issued by or on behalf of the Government of the United Kingdom certifying that he has such a right of abode” shall cease to have effect, and b in section 33(1) for the definition of “certificate of entitlement” substitute— “ certificate of entitlement ” means a certificate under section 10 of the Nationality, Immigration and Asylum Act 2002 that a person has the right of abode in the United Kingdom; .

6 Regulations under this section may, in particular, include provision saving, with or without modification, the effect of a certificate which—

a is issued before the regulations come into force, and b is a certificate of entitlement for the purposes of sections 3(9) and 33(1) of the Immigration Act 1971 as those sections have effect before the commencement of subsection (5) above.