Bermudian Status By Birth Or Grant Register Amendment Act 19

Link to law: http://www.bermudalaws.bm/Laws/Annual%20Laws/1993/Acts/Bermudian%20Status%20By%20Birth%20Or%20Grant%20Register%20Amendment%20Act%2019.pdf
Published: 1993

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Bermudian Status By Birth Or Grant Register Amendment Act 1993
The Laws of Bermuda
Annual Volume of Public Acts 1993 : 52

1

BERMUDA
1993 : 52

BERMUDIAN STATUS BY BIRTH OR GRANT REGISTER
AMENDMENT ACT 1993

[Date of Assent 23 July 1993]

[Operative Date 23 July 1993]

WHEREAS it is expedient to amend the Bermudian Status by
Birth or Grant Register Act 1992:

Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:

Short title
1 This Act may be cited as the Bermudian Status by Birth or Grant
Register Amendment Act 1993.

Amends s 2 of Act No 88 of 1992
2 Section 2 of the Bermudian Status by Birth or Grant Register Act
1992 ("the Act") is amended by inserting the following definition in its
proper alphabetical place in the section—

""Commonwealth citizen" has the meaning given to it in section 3
of the 56 Act;".

Amends s 10(2) of Act
3 Subsection (2) of section 10 of the Act is amended by inserting
next after the words "section 12(5)" the words "or to give effect to a claim
to retroactive registration properly made by virtue of section 5(2) and
Part A of the Second Schedule".

BERMUDIAN STATUS BY BIRTH OR GRANT REGISTER
AMENDMENT ACT 1993

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Amends Second Schedule to Act
4 The Second Schedule to the Act is amended by deleting Part A
and substituting the following—

"Part A - Persons entitled

to be registered (Section 5(2))

The categories of persons described below (call
them respectively "X" and "Y") are entitled to have their
names on the Register on the basis that,
notwithstanding that they are not Bermudian, they are
to be treated as having been Bermudian from birth by
virtue of sections 5(2) and 6 of this Act—

X's Case

(a) X was born in Bermuda on or after 1
July 1956; and

(b) at least one of X's natural parents is on
the Register; and

(c) that natural parent was a Bermudian at
the time of X's birth; and

(d) if that natural parent was X's father,
either—

(i) X's natural parents were
married before X's birth; or

(ii) X was legitimated by the
marriage of X's natural parents
after X's birth; and

(e) X is a Commonwealth citizen.

Y's Case

(a) Y was born outside Bermuda on or after
1 July 1956; and

(b) Y is a Commonwealth citizen but was
not so at the time of his birth; and

(c) at the time of Y's birth, either—

(i) Y's natural father was a
Bermudian and was also
domiciled in Bermuda; or

The Laws of Bermuda
Annual Volume of Public Acts 1993 : 52

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(ii) Y's natural mother was a
Bermudian and was also
domiciled in Bermuda:

Provided that, if Y's
natural mother was married at
that time and the domicile of
her spouse was other than
Bermudian at that time, her
domicile at that time, instead of
being the same as that of her
spouse by virtue of the
marriage, shall be ascertained
by reference to the same factors
as in the case of any other
individual capable of having an
independent domicile; or

(iii) at least one of Y's natural
parents was a Bermudian and
both of those parents were
domiciled in Bermuda; and

(d) where Y's claim is made through his
natural father under paragraph (c)
above, either—

(i) Y's natural parents were
married before Y's birth; or

(ii) Y was legitimated by the
marriage of Y's natural parents
after Y's birth.".

Confirmation of certain acts done before commencement of this Act
5 (1) Notwithstanding the retroactive effect of anything in this

Act, nothing in this Act renders invalid or unlawful any thing that was
done before commencement day by, or to, or in relation to, a person
whose personal status has been retroactively altered by this Act; and
that thing remains valid and lawful on and after that day if—

(a) it was valid and lawful when it was done; and

(b) it remained valid and lawful until immediately before
commencement day.

(2) "Commencement day" in subsection (1) means the day on
which this Act comes into operation.

BERMUDIAN STATUS BY BIRTH OR GRANT REGISTER
AMENDMENT ACT 1993

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(3) The reference in subsection (1) to the doing of a thing
includes a reference to the making of an omission.