Citizenship

Citizenship

The constitution and laws of Barbados

CHAPTER II

CITIZENSHIP

Persons who become citizens on 30th November 1966

2. 1. Every person who, having been born in Barbados, is on 29th November 1966 a citizen of the United Kingdom and Colonies shall become a citizen of Barbados on 30th November 1966.

2. Every person who, having been born outside Barbados, is on 29th November 1966 a citizen of the United Kingdom and Colonies shall, if his father becomes or would but for his death have become a citizen of Barbados in accordance with the provisions of subsection (1), become a citizen of Barbados on 30th November 1966.

3. Any person who on 29th November 1966 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 Barbados as a British subject before that Act came into force; or

b. having become such a citizen by virtue of his having been naturalized or registered in Barbados under that Act.

shall become a citizen of Barbados on 30th November 1966.

Person entitled to be registered as citizens

3. 1. Any woman who on 29th November 1966 is or has been married to a person -

a. who becomes a citizen of Barbados by virtue of section 2; or

b. who, having died before 30th November 1966, would but for his death have become a citizen of Barbados by virtue of that section.

shall be entitled, upon making application, and, if she is a British protected person or an alien, upon taking the oath of allegiance, to be registered as a citizen of Barbados.

2. Any person who is a Commonwealth citizen (otherwise than by virtue of being a citizen of Barbados) and who -

a. has been ordinarily resident in Barbados continuously for a period of seven years or more at any time before 30th November 1966; and

b. has not, since such period of residence in Barbados and before that date, been ordinarily resident outside Barbados continuously for a period of seven years or more.

shall be entitled, upon making application, to be registered as a citizen of Barbados:

Provided that the right to be registered a s a citizen of Barbados under this subsection shall be subject to such exceptions or qualifications as may be prescribed in the interests of national security or public policy.

3. Any woman who on 29th November 1966 is or has been married to a person who subsequently becomes a citizen of Barbados by registration under subsection (2) shall be entitled, upon making application, and, if she is a British protected person or an alien, upon taking the oath of allegiance, to be registered as a citizen of Barbados:

Provided that the right to be registered as a citizen of Barbados under this subsection shall be subject to such exceptions or qualifications as may be prescribed in the interests of national security or public policy.

4. Any application for registration under this section shall be made in such manner as may be prescribed as respects that application:

Provided that such an application may not be made by a person who has not attained the age of twenty one years and is not a woman who is or has been married but shall be made on behalf of that person by a parent or guardian of that person.

Persons born in Barbados after 29th November 1966

4. Every person born in Barbados after 29th November 1966 shall become a citizen of Barbados at the date of his birth:

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

a. his father possesses such immunity from suit and legal process as is accorded to an envoy of a foreign sovereign state accredited to Her Majesty in right of Her Government in Barbados and neither of his parents is a citizen of Barbados; or

b. his father is an enemy alien and the birth occurs in a place then under occupation by the enemy.

Persons born outside Barbados after 29th November 1966.

5. A person born outside Barbados after 29th November 1966 shall become a citizen of Barbados at the date of his birth if at that date his father is a citizen of Barbados otherwise than by virtue of this section or section 2(2).

Marriage to citizen of Barbados

6. Any woman who, after 29th November 1966, marries a person who is or becomes a citizen of Barbados shall be entitled, upon making application in such manner as may be prescribed and, if she is a British protected person or an alien, upon taking the oath of allegiance, to be registered as a citizen of Barbados.

Renunciation of citizenship

7. Any citizen of Barbados who has attained the age of twenty-one years and who -

a. is also a citizen or national of any other country; or

b. intends to become a citizen or national of any other country, shall be entitled to renounce his citizenship of Barbados by a declaration made and registered in such manner as may be prescribed:

Provided that -

a. in the case of a person who is not a citizen or national of any other country at the date of registration of his declaration of renunciation, if he does not become such a citizen or national within six months from the date of registration he shall be, and shall be deemed to have remained, a citizen of Barbados notwithstanding the making and registration of his declaration of renunciation; and

b. the right of any person to renounce his citizenship of Barbados during any period when Barbados is engaged in any war shall be subject to such exceptions or qualifications as any be prescribed in the interests of national security or public policy.

Commonwealth citizens

8. 1. Every person who under this Constitution or any Act of Parliament is a citizen of Barbados or under any enactment for the time being in force in any country to which this section applies is a citizen of that country shall, by virtue of that citizenship, have the status of a Commonwealth citizen.

2. Every person who is a British subject without citizenship under the British nationality act 1948, continues to be a British subject under section 2 of that Act or is a British subject under the British Nationality Act 1965(a) shall, by virtue of that status, have the status of a Commonwealth citizen.

3. Save as may be otherwise provided by Parliament, the countries to which this section applies are the United Kingdom and colonies, Canada, Australia, New Zealand, India, Pakistan, Ceylon, Ghana, Malaysia, Nigeria, Cyprus, Sierra Leone, Tanzania, Jamaica, Trinidad and Tobago, Uganda, Kenya, Malawi, Malta, Zambia, the Gambia, Singapore, Guyana, Botswana, Lesotho and southern Rhodesia.

Powers of Parliament

9. Parliament may make provision -

a. for the acquisition of citizenship`p of Barbados by persons who do not become citizens of Barbados by virtue of the provisions of this Chapter; or

b. for depriving of his citizenship of Barbados any person who is a citizen of Barbados otherwise than by virtue of subsection (1) or (2) of section 2 or section 4 o section 5.

Interpretation

10. 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;

"prescribed" means prescribed by or under any Act of Parliament.

2. Any reference in this Chapter to the father of a person shall, in relation to any person born out of wedlock other than a person legitimed before 30th November 1966, be construed as a reference to the mother of that person.

3. 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 palace in which the ship or aircraft was registered or, as the case may be, in that country.

4. 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 the father, be construed as a reference to the national status of the father at the time of the father's death; and where that death occurred before 30th November 1966 and the birth occurred after 29th November 1966 the national status that the father would have had if he had died on 30th November 1966 shall be deemed to be his national status at the time of his death.

Constitution of Barbados

1. Constitution is supreme law

2. Persons who become citizens on 30th November 1966

3. Persons entitled to be registered as citizens

4. Persons born in Barbados after 29th November 1966

5. Persons born outside Barbados after 29th November 1966

6. Marriage to citizen of Barbados

7. Renunciation of citizenship

8. Commonwealth citizens

9. Powers of Parliament

10. Interpretation

11. Fundamental rights and freedoms of the individual

12. Protection of right to life

13. Protection of right to personal liberty

14. Protection from slavery and forced labour

15. Protection from inhuman treatment

16. Protection from deprivation of property

17. Protection against arbitrary search or entry

18. Provisions to secure protection of law

19. Protection of freedom of conscience

20. Protection of freedom of expression

21. Protection of freedom of assembly and association

22. Protection of freedom of movement

23. Protection from discrimination on grounds of race, etc

24. Enforcement of protective provisions

25. Time of emergency

26. Saving of existing law

27. Interpretation

28. Establishment of office of Governor General

29. Acting Governor General

30. Deputy to governor General

31. Personal staff of governor General

32. Exercise of Governor General's functions

33. Public Seal

34. Oaths to be taken by Governor General

35. Establishment of Parliament

36. Senate

37. Qualifications for membership of Senate

38. Disqualifications for membership of Senate

39. Tenure of seats of Senators

40. President and Deputy President of Senate

41. House of Assembly

42. Electoral law

43. Qualifications for membership of Assembly

44. Disqualifications for membership of Assembly

45. Tenure of seats of members of Assembly

46. Determination of questions of membership of Senate and Assembly

47. Filling of casual vacancies in Senate and Assembly

48. Power to make laws

49. Alteration of this Constitution

50. Regulation of procedure in Parliament

51. Presiding in Senate

52. Quorum of Senate

53. Voting in Senate

54. Introduction of Bills, etc

55. Restriction on powers of Senate as to Money Bills

56. Restriction on powers of Senate as to Bills other than Money Bills

57. Provisions relating to sections 54, 55 and 56

58. Asset to Bills

59. Oath of allegiance

60. Sessions of Parliament

61. Prorogation and dissolution of Parliament

62. General election and appointment of Senators

63. Executive authority of Barbados

64. Cabinet

65. Appointment of Ministers

66. Tenure of office of Ministers

67. Performance of Prime Minister's functions in certain events

68. Temporary Ministers

69. Oaths to be taken by Ministers

70. Presiding in Cabinet

71. Governor General to be informed concerning matters of government

72. Assignment of responsibilities to Ministers

73. Parliamentary Secretaries

74. Leader of the Opposition

75. Certain vacancies in office of Leader of Opposition

76. Privy Council

77. Proceedings of Privy Council

78. Prerogative of mercy

79. Establishment of office and functions for Director of Public

80. Establishment of Supreme Court

81. Appointment of Judges

82. Acting Judges

83. Oaths to be taken by Judges

84. Tenure of office of Judges

85. Constitution of Court of Appeal

86. Other arrangements for appeals

87. Appeals relating to fundamental rights and freedoms

88. Appeals to Her Majesty in Council in other cases

89. Establishment and composition of Judicial and Legal Service Commission

90. Establishment and composition of Public Service Commission

91. Establishment and composition of Police Commission

92. Procedure of Commissions

93. Appointment, etc., of judicial and legal officers

94. Appointment, etc., of public officers

95. Delegation of powers under section 94

96. Appointment, etc., of members of the Police Force

97. Delegation of powers under section 96

98. Appeals to Privy Council in disciplinary matters

99. Appointment of permanent secretaries and certain other public officers

100. Appointment, etc., of principal representatives abroad and subordinate staff

101. Appointment, etc., of Director of Public Prosecutions

102. Appointment, etc., of Auditor General

103. Protection of pension rights

104. Grant and withholding of pensions, etc

105. Removal form office of certain persons

106. Protection of Commissions, etc., from legal proceedings

107. Consolidated Fund

108. Estimates

109. Authorization of expenditure

110. Meeting expenditure from Consolidated Fund

111. Public debt

112. Remuneration of governor General and certain other officers

113. Establishment of office and functions of Auditor General

114. Appointments

115. Resignations

116. Vacation of office on attaining a prescribed age

117. Interpretation

First Schedule

Oaths


Second Schedule

Provisions Relating To Certain Tribunals


Third Schedule

Rules Relating To The Constituencies

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