# British Nationality Act 1981, Paragraph 2

Extent: E+W+S+N.I.

(1) Where a person born in a British overseas territory after commencement would, but for this paragraph, be born stateless, then, subject to sub-paragraph (3)—
(a) if at the time of the birth his father or mother is a citizen or subject of a description mentioned in sub-paragraph (2), he shall be a citizen or subject of that description; and accordingly
(b) if he is born legitimate and at the time of the birth each of his parents is a citizen or subject of a different description so mentioned, he shall be a citizen or subject of the same description so mentioned as each of them is respectively at that time.
(2) The descriptions referred to in sub-paragraph (1) are a British citizen, a British Overseas citizen and a British subject under this Act.
(3) A person shall not be a British subject by virtue of this paragraph if by virtue of it he is a citizen of a description mentioned in sub-paragraph (2).

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Source: https://www.legislation.gov.uk/ukpga/1981/61/schedule/2/paragraph/2 (the official version)
Page: https://openlegislation.uk/british-nationality-act-1981/schedule-2/paragraph-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

