British Islands

The British Islands<ref>Template:Cite web</ref> 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 (which includes England, Scotland, Wales and Northern Ireland);
• the Bailiwick of Guernsey (including the jurisdictions of Alderney, Guernsey and Sark);
• the Bailiwick of Jersey;
• the Isle of Man.<ref>Template:Cite web</ref>

These polities constitute the principal geopolitical and territorial nucleus of British sovereignty. Distinguished from the British Overseas Territories, which are remnants of the former British Empire, the British Islands represent the core legal and constitutional realm under the direct jurisdiction of The Crown and Parliament of the United Kingdom (i.e. United Kingdom proper), albeit with varying degrees of self-governance among the Crown Dependencies. A statutory definition of the term British Islands can be found in Schedule 1 of the Interpretation Act 1978.<ref>Template:Cite book</ref>

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.<ref>Template:Cite web</ref>

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 (Overseas), 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":<ref name=":112">Template:Cite book</ref><ref>Template:Cite web</ref>

The same definition appears in Schedule 1 of the Interpretation Act 1978 subject to paragraph 4(2) of Schedule 2, that definition in of Schedule 1 applies, so far as applicable, to Acts passed after the year 1889.<ref>Template:Cite web</ref>

Paragraph 4(2) of the Interpretation Act 1978 provides that: Template:Blockquote

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.<ref>The Interpretation Act 1978, section 22(1)</ref>

This definition of "British Islands" does not include the British Overseas Territories.<ref>Ian Hendry and Susan Dickson. British Overseas Territories Law. Second Edition. Hart Publishing. 2018. Page 6.</ref>

History

The expression "British Islands" was formerly defined by section 18(1) of the Interpretation Act 1889 as meaning the then United Kingdom of Great Britain and Ireland, the Channel Islands, and the Isle of Man.<ref>For a printed copy, see The Public General Acts [52 & 53 Vict], HMSO, p 336.</ref> This definition applied to the Interpretation Act 1889 itself, and to every act passed after the commencement of that act on 1 January 1890.<ref>The Interpretation Act 1889, sections 18 and 42</ref>

Section 19 of the Lloyd's Signal Stations Act 1888 contained a definition of "British Islands".<ref>For a printed copy, see The Law Reports, Public General Statutes, 1888. p 185.</ref> 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 (although the latter's full name was not changed to "United Kingdom of Great Britain and Northern Ireland" until the Royal and Parliamentary Titles Act 1927). 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.<ref>Irish Free State (Consequential adaptation of Enactments) Order, 1923 Template:Bracket]</ref>

Colonial statutes

Section 5(2) of the Interpretation Ordinance, 1891 of British Guiana contained a definition of "British Islands".<ref>For a printed copy, see The Laws of British Guiana, vol 3, OUP, 1895, p 738.</ref>

Section 2 of the Interpretation Ordinance (c 2) (1953) of British Honduras contained a definition of "British Islands".<ref>For a printed copy, see Henriques. The Laws of British Honduras in force on the 15th Day of September, 1958. 1960. vol 1. p 11.</ref>

Section 28(ii) of the Interpretation and Common Form Ordinance, 1903 of the Seychelles contained a definition of "British Islands".<ref>Rind, The Laws of Seychelles Revised, 1907, vol 3, p 1529.</ref>

Law

Section 13(3)<ref>Statutory Rules and Orders . . . 1897. p 552.</ref> of the Foreign and Colonial Parcel Post Warrant 1897 (SR&O 1897/721) and section 6(2)<ref>The Statutory Rules and Orders of a Public and General character issued during 1908, p 717.</ref> of the Foreign and Colonial Post (Insured Boxes) Warrant 1908 (SR&O 1908/1313) refer to "the law of the British Islands".

Inland

Inland postal packets

Section 62(16)<ref>Statutory Rules and Orders . . . 1936. HMSO. 1937. vol 2. p 2075.</ref> of the Inland Post Warrant 1936 (SR&O 1936/618) defined the expression "Inland" in terms of the British Islands.

Inland bills

The definition of "inland bill" in section 4(1) of the Bills of Exchange Act 1882 refers to the British Islands.

Defence

Section 26(1)(a) of the Freedom of Information Act 2000 states:<ref>Template:Cite book</ref><ref>Template:Cite book</ref><ref>Template:Cite legislation UK</ref>

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(1) of the Fishery Limits Act 1964. This provision was repealed by the Fishery Limits Act 1976.

Extradition

Francis Taylor Piggott said the effect of section 37 of the Fugitive Offenders Act 1881 was to make of the British Islands one coherent whole for the purposes of that Act.<ref>Template:Cite book</ref> That Act was repealed by Schedule 2 to the Fugitive Offenders Act 1967.

Passports

The expression "British Islands" has been included on the covers of passports of the Isle of Man, passports of Guernsey and passports of Jersey.<ref>Treaty Series. United Nations. 2000. Volume 1648. Pages 382 and 386. House of Commons Justice Committee. Crown Dependencies. Session 2009 to 2010. Eighth Report. (HC 56). Volume 2. Ev 36, para 22. Jersey and Guernsey passports to be printed in the UK. BBC News. 11 November 2013. Manx passport change 'two years away'. BBC News. 27 August 2010.</ref>

See also

• Names of the British Isles
• List of islands of the British Isles
• Terminology of the British Isles

References

• Stroud's Judicial Dictionary.
  • Frederick Stroud. "British Islands". The Judicial Dictionary. First Edition. 1890. p 90: [1] [2]. See also "Inland" at p 391.
• John B Saunders (ed). "British Islands". Words and Phrases Legally Defined. Second Edition. Butterworths. 1969. Volume 1. Page 187. See also pages 8 and 278.
• Words and Phrases Legally Defined. Fourth Edition. 2007. Volume 1. Pages 7, 84, 192 and 280.
• Kenneth Roberts-Wray. Commonwealth and Colonial Law. Frederick A Praeger. 1966. Pages 31, 33 to 37, 40, 72, 363, 428, 533, 663 et seq.
• Hilaire Barnett. Constitutional & Administrative Law. Fourth Edition. Cavendish Publishing Limited. 2002. Pages 64 to 66. Tenth Edition. Routledge. 2013. Pages 16 to 18. See also page 531.
• A W Bradley and K D Ewing. Constitutional and Administrative Law. Fourteenth Edition. Pearson Education Limited. (Pearson Longman). 2007. Page 35.
• Knapp (ed). "The British Islands". International Enclopedia of Comparative Law. Mouton. The Hague. Mohr. Tübingen. 1976. Volume 1. National Reports: U. Appendix. Page U-103 et seq.
• Kenneth R Simmonds, "The British Islands and the Community: I–Jersey" (1969) 6 Common Market Law Review 156
• Kenneth R Simmonds, "The British Islands and the Community: II—The Isle of Man" (1970) 7 Common Market Law Review 454
• Kenneth R Simmonds, "The British Islands and the Community: III Guernsey" (1971) 8 Common Market Law Review 475
• Tony Wright (ed). The British Political Process: An Introduction. Routledge. London and New York. 2000. Page 19: [3] [4].
• Paul Rylance. Writing and Drafting in Legal Practice. Oxford University Press. 2012. Paragraph 28.4.2 at page 243.
• Burnand, Burnett Hall, Boland and Watts (eds). The Annual Practice 1949. (66th Annual Issue). Sweet & Maxwell. Stevens and Sons. Butterworth & Co. London. Volume 2. Page 3214.

External links

• Template:UK-LEG
• Interpretation Act, 1978 (unofficial text)