Part 1: Nationality Chapter 1: British Overseas Territories citizenship Powers of the Secretary of State relating to citizenship etc. Section 8: Citizenship: registration in special case
Overview : This section creates new registration provisions which allow the Secretary of State to grant British citizenship and/or British overseas territories citizenship to adult applicants if, in the Secretary of State’s opinion, the person would have been or would have become a British citizen and/or a British overseas territories citizen ("BOTC") had it not been for: historical unfairness in the law; an act or omission of a public authority; or other exceptional circumstances relating to the person’s case.
	Background :  The Secretary of State already has a power to register minors as British citizens by discretion under section 3(1) of the 1981 Act. No such power exists to grant citizenship by discretion to adults.
	This section allows for the grant of British citizenship and/or British overseas territories citizenship to a person who does not meet the existing naturalisation or registration requirements and is intended to benefit those who would have qualified for automatic acquisition of citizenship or who would have met the naturalisation or registration requirements, were it not because of, for example, unintended consequences caused by historical legislation or the result of the act or omission of a public body.
	Subsections 2 and 3 insert new sections 4L and 17H creating registration provisions which allow certain adults to be registered as British citizens and/or BOTCs. Under these provisions, British citizenship and/or British overseas territories citizenship may be granted where in the Secretary of State’s opinion, the person could have been or become a British citizen and/or BOTC but for past unfairness in the law (including where men and women were unable to pass on citizenship equally, and unmarried fathers could not pass on citizenship), an act or failure to act by a public authority, or exceptional circumstances relating to the person’s case. Sections 4L(4) and 17H(4) allow the Secretary of State to take into account whether the applicant is of good character where applicable.