British Islands
The British Islands is a term within the law of the United Kingdom which refers collectively to the following four polities:
- the United Kingdom of Great Britain and Northern Ireland ;
- the Bailiwick of Guernsey ;
- the Bailiwick of Jersey;
- the Isle of Man.
The Isle of Man and the Bailiwicks of Guernsey and Jersey are Crown Dependencies and not part of the United Kingdom. Nevertheless, the Parliament of the United Kingdom may, on occasion, introduce legislation that is extended to these islands, typically through Orders in Council. As such, it has been found useful to have a collective term to encompass the combined territories. The phrase The United Kingdom and the Islands is employed in the Immigration Act 1971 to refer to this collective grouping.
In addition, while several categories of British nationality exist, only British citizens enjoy the automatic right of abode in the British Islands. Other British nationals, such as British Overseas Territories citizens, British Nationals and others, do not possess this right unless they separately acquire British citizenship or are granted immigration status such as indefinite leave to remain.
Statutory definition
Section 18 of the Interpretation Act 1889 provided that in future legislation, "unless the contrary intention appears":The same definition appears in Schedule 1 of the Interpretation Act 1978 subject to paragraph 4 of Schedule 2, that definition in of Schedule 1 applies, so far as applicable, to Acts passed after the year 1889.
Paragraph 4 of the Interpretation Act 1978 provides that:
The Irish Free State was established on 6 December 1922 and the Interpretation Act 1978 came into force on 1 January 1979.
The Interpretation Act 1978 applies to itself and to any act passed after the commencement of that act and, to the extent specified in part I of schedule 2, to acts passed before the commencement of that act.
This definition of "British Islands" does not include the British Overseas Territories.
History
The expression "British Islands" was formerly defined by section 18 of the Interpretation Act 1889 as meaning the then United Kingdom of Great Britain and Ireland, the Channel Islands, and the Isle of Man. This definition applied to the Interpretation Act 1889 itself, and to every act passed after the commencement of that act on 1 January 1890.Section 19 of the Lloyd's Signal Stations Act 1888 contained a definition of "British Islands". The Lloyd's Signal Stations Act 1888 was repealed by the Lloyd's Act 1982.
The Irish Free State left the United Kingdom on 6 December 1922. On 27 March 1923 an Order in Council was made changing the default statutory interpretation of various expressions, including "British Islands", "United Kingdom", and "Ireland"; they would be interpreted within the British Islands as excluding the Irish Free State, but interpreted elsewhere in the British Empire as including the Irish Free State.
Colonial statutes
Section 5 of the Interpretation Ordinance, 1891 of British Guiana contained a definition of "British Islands".Section 2 of the Interpretation Ordinance of British Honduras contained a definition of "British Islands".
Section 28 of the Interpretation and Common Form Ordinance, 1903 of the Seychelles contained a definition of "British Islands".
Law
Section 13 of the Foreign and Colonial Parcel Post Warrant 1897 and section 6 of the Foreign and Colonial Post Warrant 1908 refer to "the law of the British Islands".Inland
Inland postal packets
Section 62 of the Inland Post Warrant 1936 defined the expression "Inland" in terms of the British Islands.Inland bills
The definition of "inland bill" in section 4 of the Bills of Exchange Act 1882 refers to the British Islands.Defence
Section 26 of the Freedom of Information Act 2000 states:Fisheries
The exclusive fishery limits of the British Islands were defined by section 28 of the Sea Fisheries Act 1883. This definition was repealed by Schedule 2 to the Fishery Limits Act 1964.The fishery limits of the British Islands were defined by section 1 of the Fishery Limits Act 1964. This provision was repealed by the Fishery Limits Act 1976.