British Islands

• 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.

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.

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 (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 (ILR).

Statutory definition

Section 18 of the Interpretation Act 1889 provided that in future legislation, "unless the contrary intention appears":

"British Islands" means the United Kingdom, the Channel Islands and the Isle of Man.

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.

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

The definition of "British Islands", in its application to Acts passed after the establishment of the Irish Free State but before the commencement of this Act, includes the Republic of Ireland.

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(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. 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 (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.

Colonial statutes

Section 5(2) of the Interpretation Ordinance, 1891 of British Guiana contained a definition of "British Islands".

Section 2 of the Interpretation Ordinance (c 2) (1953) of British Honduras contained a definition of "British Islands".

Section 28(ii) of the Interpretation and Common Form Ordinance, 1903 of the Seychelles contained a definition of "British Islands".