The Saint Lucia Constitution Order 1978 - Chapter VII 'Citizenship'

EXPLANATORY NOTE

(This Note is not part of the Order.)

This Order, which is made at the request and with the consent of the Associated State of Saint Lucia under section 5 (4) of the West Indies Act 1967, provides a new constitution for Saint Lucia upon its attainment of fully responsible government within the Commonwealth at the termination of the status of association of Saint Lucia with the United Kingdom under the Act on 22 February 1979.

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The Saint Lucia Constitution Order 1978

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STATUTORY INSTRUMENTS

1978 No. 1901

SAINT LUCIA

The Saint Lucia Constitution Order 1978

Made: 20th December 1978

Coming into Operation: 22nd February 1979

At the Court at Buckingham Palace, the 20th day of December 1978

Present,

The Queen's Most Excellent Majesty in Council

Whereas the status of association of Saint Lucia with the United Kingdom is to terminate on 22nd February 1979 and it is necessary to establish a new constitution for Saint Lucia upon its attainment of fully responsible status within the Commonwealth:

And whereas the Associated State of Saint Lucia has, by a resolution passed in the House of Assembly thereof on 24th October 1978, requested and consented to the making of this Order for that purpose:

Now, therefore, Her Majesty, by virtue and in exercise of the powers vested in Her in that behalf by section 5(4) of the West Indies Act 1967 (a), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: --

1.- (1) This Order may be cited as the Saint Lucia Constitution Order 1978.

(2)This Order shall come into operation on 22nd February 1979.

2.- The Saint Lucia Constitution Order 1967(b), which made provision for the constitution of the Associated State of Saint Lucia, is revoked.

3.- The Constitution of Saint Lucia set out in Schedule 1 to this Order shall come into effect in Saint Lucia at the commencement of this Order subject to the transitional provisions set out in Schedule 2 to this Order.

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CHAPTER VII

Citizenship

99. Persons who become citizens on 22nd February 1979.

100. Persons born in Saint Lucia on or after 22nd February 1979.

101. Persons born outside Saint Lucia on or after 22nd February 1979.

102. Registration.

103. Acquisition, deprivation and renunciation.

104. Interpretation.

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CHAPTER VII

CITIZENSHIP

99.- Persons who become citizens on 22nd February 1979

(1) Every person who, having been born in Saint Lucia, is immediately before the commencement of this Constitution a citizen of the United Kingdom and Colonies shall become a citizen at such commencement.

(2) Every person who, immediately before the commencement of this Constitution, is a citizen of the United Kingdom, and Colonies -

a) having become such a citizen under the British nationality Act 1948(a) by virtue of his having been naturalized in Saint Lucia as a British subject before that Act came into force; or

b) having while resident in Saint Lucia become such a citizen by virtue of his having been naturalizes or registered under the British Nationality Act 1948,

shall become a citizen at such commencement.

(3) Every person who, having been born outside Saint Lucia, is immediately before the commencement of this Constitution a citizen of the United Kingdom and Colonies shall, if his father or mother becomes, or would but for his death or the renunciation of his citizenship of the United Kingdom and Colonies have become, a citizen by virtue of subsection (1) or subsection (2) of this section, become a citizen at such commencement.

(4) Every woman who, having been married to a person who becomes or but for his death or the renunciation of this citizenship of the United Kingdom and Colonies would have become, a citizen by virtue of subsection (1), (2) or (3) of this section, is a citizen of the United Kingdom and Colonies immediately before the commencement of this Constitution shall become a citizen at such commencement.

100.- Persons born in Saint Lucia on or after 22nd February 1979

Every person born in Saint Lucia after the commencement of this Constitution shall become a citizen at the date of his birth:

Provided that a person shall not become a citizen by virtue of this section if at the time of his birth-

a) neither of his parents is a citizen of Saint Lucia and his father possesses such immunity from suit and legal process as is accorded to the envoy of a foreign sovereign power accredited to Saint Lucia; or

b) his father is a citizen of a country with which Saint Lucia is at war and the birth occurs in a place then under occupation by that country.

101.- Persons born outside Saint Lucia on or after 22nd February 1979

A person born outside Saint Lucia after the commencement of this Constitution shall become a citizen at the date of his birth if, at that date, his father or mother is a citizen otherwise than by virtue of this section or section 99(3) of this Constitution.

102.- Registration

(1) The following persons shall be entitled, upon making application, to be registered as citizens-

a) any woman who is married to a citizen or who has been married to a person who, at any time during the period during which they were married to each other, was a citizen;

b) any person who, being a Commonwealth citizen, is ordinarily resident in Saint Lucia at the commencement of this Constitution having been so resident for the period of seven years immediately preceding such commencement;

c) any person who, having been a citizen has renounced his citizenship in order to quality for the acquisition or retention of the citizenship of another country;

d) any person who, but for having renounced his citizenship of the United Kingdom and Colonies in order to qualify for the acquisition or retention of the citizenship of another country, would have become a citizen at the commencement of this Constitution;

e) any woman who is married to any such person as is mentioned in paragraph (b), (c) or (d) of this subsection or who was married to a person who, at any time during the period during which they were married to each other, was entitled to be registered as a citizen under any such paragraph;

f) any woman who, before the commencement of this Constitution has been married to a person-

i) who becomes a citizen by virtue of section 99 of this Constitution; or

ii) who, having died before such commencement, would but for his death have becomes a citizen by virtue of that section.

but whose marriage has been terminated by death or dissolution before such commencement.

(2) The following persons shall upon making application, be entitled to be registered as citizens-

a) any man who is married to a citizen or who has been married to a person who, at any time during the period during which they were married to each other, was a citizen;

b) any person who, being a Commonwealth citizen, is and for seven years previous to his application has been ordinarily resident in Saint Lucia;

c) any man who is married to any such person as is mentioned in paragraph (b), (c) or (d) of subsection (1) of this section or who was married to a person who, at any time during the period which they were married to each other, was entitled to apply to be registered as a citizen under any such paragraph;

d) any person under the age of twenty-one years who is the stepchild or child adopted in a manner recognized by law of a citizen or is the child stepchild so adopted of a person who is or would but for his death have been entitled to be registered as a citizen under subsection (1) of this section;

Provided that if it is so provided by Parliament an application for registration as a citizen under this subsection may, in such circumstances as may be prescribed by Parliament in the interests of defence, public safety or public order, be refused by the Minister responsible for the matter in any case in which he is satisfied that there are reasonable grounds for refusing the application.

(3) An application under this section shall be made in such manner as may be prescribed, as respects that application, by or under a law enacted by Parliament and in the case of a person to whom subsection (2)(d) of this section applies, it shall be made on his behalf by his parent or guardian:

Provided that, if any such person is or has been married, he may make the application himself.

(4) Every person who, being a British protected person, an alien or if it so prescribed by Parliament, a citizen of any country within the Commonwealth that does not form part of Her Majesty's dominions and having reached the age of twenty-one years applies for registration under this section shall, before such registration, take the oath of allegiance.

103.- Acquisition, deprivation and renunciation

There shall be such provision as may be made by Parliament for-

a) the acquisition of citizenship by persons who are not eligible or who are no longer eligible to become citizen under the provisions of this Chapter.

b) depriving of his citizenship any person who is a citizen otherwise than by virtue of section 99, 100 or 101 of this Constitution

c) the renunciation by any person of his citizenship.

104.- Interpretation

(1) In this Chapter-

"alien" means a person who is not a Commonwealth citizen, a British protected person or a citizen of the republic of Ireland;

"British protected person" means a person who is a British protected person for the purposes of the British Nationality Act 1948;

"the British Nationality Act 1948" includes any Act of the Parliament of the United Kingdom altering that Act.

(2) For the purposes of this Chapter, a person born aboard a registered ship or aircraft, or aboard an unregistered ship or aircraft of the government of any country, shall be deemed to have been born in the place in which the ship or aircraft was registered or, as the case may be, in that country.

(3) Any reference in this Chapter to the national status of the father of a person at the time of that person's birth shall, in relation to a person born after the death of his father at the time of the father's death; and where that death occurred before the commencement of this Constitution and the birth occurred after such commencement the national status that the father would have had if he had died immediately after such commencement shall be deemed to be his national status at the time of his death.