Part 1: Nationality Chapter 1: British Overseas Territories citizenship Persons subject to immigration control: referral or assessment by local authority etc. Section 2: Historical inability of unmarried fathers to transmit citizenship
Overview: This section creates a registration route for the adult children of unmarried British Overseas Territories citizen (BOTC) fathers to acquire British Overseas Territories citizenship.
	Background: Before 1 July 2006 children born to British unmarried fathers could not acquire British nationality through their father. While registration provisions have since been introduced to rectify this issue for the children of British citizens (sections 4E to 4I of the British Nationality Act 1981), this was not changed for children of BOTCs.
	Subsection 1 inserts new sections 17B to 17G into the British Nationality Act 1981 ("the 1981 Act") to provide for registration as a BOTC for persons born before 1 July 2006 to a BOTC father, where their parents were unmarried at the time of their birth. In particular, the provisions provide an entitlement to be registered for those who would have become a BOTC automatically had their parents been married at the time of their birth and for those who would currently have an entitlement to registration were it not for the fact that their parents were not married at the time of their birth.
	Section 17B stipulates the general conditions to be met that the person’s parents were not married to each other at the time of their birth; that, in cases of assisted reproduction, no other person was treated as the person’s father; and that the person has never previously been a BOTC or a British Dependent Territories citizen.
	Section 17C entitles a person to be registered as a BOTC if the person meets the general conditions and would be entitled to be registered as a BOTC under the specified registration provisions of the 1981 Act had the person’s mother been married to the person’s natural father at the time of his or her birth. Section 17C(4) provides a power for the Secretary of State to waive the need for parental consent if the person would have been able to register under section 17(5) of the 1981 Act, had their parents been married.
	Section 17D entitles a person to be registered as a BOTC if the person meets the general conditions in section 17B and if, at any time after commencement of the 1981 Act, the person would automatically have become a BOTC at birth under the 1981 Act, had the person’s mother been married to the person’s natural father at the time of the person’s birth. Section 17D(3) requires that both parents provide consent for a child under 18 to make an application for registration. Section 17D(4) allows the preceding subsection to be read as a reference to either the person’s mother or natural father where the person’s father or mother has died on or before the date of the application, and section 17D(5) allows the Home Secretary to waive consent in the circumstances of a particular case.
	Section 17E entitles a person to be registered as a BOTC if the person meets the general conditions in section 17B; was a citizen of the United Kingdom and Colonies immediately before commencement of the 1981 Act; and would automatically have become a British dependent territories citizen and then a BOTC under the 1981 Act had the person’s mother been married to the person’s natural father at the time of the person’s birth.
	Section 17F entitles a person to be registered as a BOTC if the person meets the general conditions in 17B; is an eligible former British national (defined at section 17F(3)) or an eligible non-British national (defined at section 17F(4)); and would have automatically become a BOTC under the 1981 Act had the person’s mother been married to the person’s natural father at the time of the person’s birth.
	Section 17G contains supplementary provisions, including to stipulate that a person’s "natural father" is someone who satisfies the requirements as to proof of paternity (prescribed in regulations under section 50(9B) of the 1981 Act).
	Section 17G(3) stipulates which people registered as a BOTC under this registration route are BOTCs "by descent" and section 17G(4) stipulates which people applying for BOTC under the section 17C route must meet the good character requirements of section 41A.