British Nationality Act 1948
British Nationality Act 1948
British Nationality Act 1948
To be returned to
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ARRANGEMENT OF SECTIONS.
PART I.
BRITISH NATIONALITY.
Section.
i. British nationality by virtue of citizenship.
2. Continuation of certain citizens of Eire as British subjects.
3. Limitation of criminal liability of citizens of countries
mentioned in s. 1 (3) and Eire. Status of citizens of
Eire and British protected persons.
PART II.
CITIZENSHIP OF THE UNITED KINGDOM AND COLONIES.
Citizenship by birth or descent.
4. Citizenship by birth.
5. Citizenship by descent.
Citizenship by registration.
6. Registration of citizens of countries mentioned in s. 1 (3) or
of Eire and wives of citizens of the United Kingdom and
Colonies.
7. Registration of minors.
8. Registration in countries mentioned in s. I (3), colonies, etc.
9. Effect of registration as a citizen.
Citizenship by naturalisation.
io. Naturalisation of aliens and British protected persons.
Citizenship by incorporation of territory.
ii. Power to specify citizens by Order in Council on incorpora-
tion of territory.
Transitional.
12. British subjects before commencement of Act becoming
citizens of United Kingdom and Colonies.
13. British subjects whose citizenship has not been ascertained
at the commencement of this Act.
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CH. 56. British Nationality 11 & 12 GEO. 6.
Act, 1948.
Section.
14. Women who have ceased to be British subjects by reason
of marriage.
15. Persons who have ceased to be British subjects by failure
to make declaration of retention of British Nationality.
16. Persons who have ceased to be British subjects on loss of
British nationality by parent.
17. Registration of births occurring before commencement of
Act.
18. Applications for naturalisation pending at the commence-
ment of Act.
PART III.
SUPPLEMENTAL.
23. Legitimated children.
24. Posthumous children.
25. Certificate of citizenship in case of doubt.
26. Discretion of Secretary of State, Governor or High Commis-
sioner.
27. Evidence.
28. Offences.
29. Orders in Council, regulations and rules.
30. Protectorates and protected states.
31. Assimilation of status of natural-born and other British
subjects under existing enactments.
32. Interpretation.
33. Channel Islands and Isle of Man.
34. Short title, commencement and repeal.
SCHEDULES:-
First Schedule.-Oath of allegiance.
Second Schedule.-Qualifications for naturalisation.
Third Schedule.-British subjects without citizenship
under section thirteen of this Act.
Fourth Schedule.-Enactments repealed.
Part I.-Enactments relating to natural-born British
subjects.
Part II.-Other enactments.
ii
I
II & 12 GEO. 6. British Nationality Ca. 56.
Act, 1948.
CHAPTER 56.
An Act to make provision for British nationality and
for citizenship of the United Kingdom and Colonies
and for purposes connected with the matters aforesaid.
[3oth July 1948.]
E it enacted by the King's most Excellent Majesty, by and
13 with the advice and consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled,
and by the authority of the same, as follows:-
PART I.
BRITISH NATIONALITY.
1.-(i) Every person who under this Act is a citizen of the British
United Kingdom and Colonies or who under any enactment for nationalityof
the time being in force in any country mentioned in subsection (3) cytwhip
of this section is a citizen of that country shall by virtue of that
citizenship have the status of a British subject.
(2) Any person having the status aforesaid may be known
either as a British subject or as a Commonwealth citizen ; and
accordingly in this Act and in any other enactment or instrument
whatever, whether passed, or made before or after the commence-
ment of this Act, the expression " British subject " and the
expression " Commonwealth citizen " shall have the same
meaning.'
(3) The following are the countries hereinbefore referred to,
that is to say, Canada, Australia, New Zealand, the Union of
South Africa, Newfoundland, India, Pakistan, Southern Rhodesia
and Ceylon.
2.-(1) Any citizen of Eire who immediately before the Continuance of certain
commencement of this Act was also a British subject shall not by
reason of anything contained in section one of this Act be deemed B ens Eire
fish
to have ceased to be a British subject if at any time he gives notice subjects.
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CH. 56. British Nationality ii & 12 GEO. 6.
Act, 1948.
of Parliament passed before that date comes into force in any PART 1
such place as aforesaid on or after that date, shall, until -cont.
provision to the contrary is made by the authority having power
to alter that law, continue to have effect in relation to citizens
of Eire who are not British subjects in like manner as it has
effect in relation to British subjects.
(3) In the Aliens Restriction Acts, 1914 and 1919, and in any
order made thereunder the expression " alien " shall not include
a British protected person.
PART II_
Citizenship by registration.
Registration 6.-(I) Subject to the provisions of subsection (3) of this section,
of citizens a citizen of any country mentioned in subsection (3) of
of countries
mentioned in section one of this Act or a citizen of Eire, being a person of full
s. r (3) or age and capacity, shall be entitled, on making application therefor
of Eire and to the Secretary of State in the prescribed manner, to be registered
wives of as a citizen of the United Kingdom and Colonies if he satisfies
citizens of the Secretary of State either-
the United
Kingdom (a) that he is ordinarily resident in the United Kingdom and
and Colonies. has been so resident throughout the period of twelve
months, or such shorter period as the Secretary of State
may in the special circumstances of any particular case
accept, immediately preceding his application ; or
(b) that he is in Crown service under His Majesty's govern-
ment in the United Kingdom.
(2) Subject to the provisions of subsection (3) of this section, a
woman who has been married to a citizen of the United Kingdom
and Colonies shall be entitled, on making application therefor to
the Secretary of State in the prescribed manner, and, if she is a
British protected person or an alien, on taking an oath of allegi-
ance in the form specified in the First Schedule to this Act, to be
registered as a citizen of the United Kingdom and Colonies,
whether or not she is of full age and capacity.
(3) A person who has renounced, or has been deprived of,
citizenship of the United Kingdom and Colonies under this Act
shall not be entitled to be registered as a citizen thereof under
this section, but may be so registered with the approval of
the Secretary of State.
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ii & 12 GEO. 6. British Nationality CH. 56.
Act, 1[948.
7.-(1) The Secretary of State may cause the minor child of PART Ii.
any citizen of the United Kingdom and Colonies to be registered -cow.
as a citizen of the United Kingdom and Colonies upon application Registration
made in the prescribed manner by a parent or guardian of the of minors.
child.
(2) The Secretary of State may, in such special circumstances
as he thinks fit, cause any minor to be registered as a citizen
of the United Kingdom and Colonies:
8.-(1) The functions of the Secretary of State under the last Registration in
two foregoing sections shall in any colony, protectorate or United countries
Kingdom trust territory be exercised by the Governor ; and mentioned
in s. z (3),
those sections shall, in their application to any colony, pro- colonies, etc.
tectorate or United Kingdom trust territory, have effect as. if for
references therein to the Secretary of State there were substituted
references to the Governor, and as if for the reference in the first
of the said sections to ordinary residence in 'the United Kingdom
there were substituted a reference to ordinary residence in that
colony, protectorate or territory as the case may be.
(2) The Secretary of State may make arrangements for the
exercise in any country mentioned in subsection (3) of section
one of this Act of any of his functions under the last two fore-
going sections by the High Commissioner for His Majesty's
government in the United Kingdom.
Citizenship by naturalisation.
10.-(i) The Secretary State may, if application therefor Naturalisation
of.
is made to him in the prescribed manner by any alien or British of aliens and
protected person of full age and capacity who satisfies him that he British
is qualified under the provisions of" the Second Schedule to protected pens.
this Act for naturalisation, grant to him a certificate of naturalisa-
tion ; and the person to whom the certificate is granted shall, on
taking an oath of allegiance in the form specified in the First
Schedule to this Act, be a citizen of the United Kingdom and
Colonies by naturalisation as from the date on which that
certificate is granted.
(2) The functions of the Secretary of State under the last
foregoing subsection shall in any colony, protectorate or United
Kingdom trust territory be exercised by the Governor ; but he
shall not grant a certificate of naturalisation except with the
approval of the Secretary of State.
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CH.556. British Nationality 11 & 12 GEO. 6.
Act, 1948.
PART II, country mentioned in subsection (3) of section one of this Act,
-cont. a citizen of Eire or an alien ; and the provisions of the Third
Schedule to this Act shall have effect in relation to a person
who remains a British subject without citizenship by virtue of
this section.
(2) A person remaining a British subject without citizenship
as aforesaid shall become a citizen of the United Kingdom and
Colonies on the day on which a citizenship law has taken effect
in each of the countries mentioned in subsection (3) of section
one of this Act of which he is potentially a citizen, unless he then
becomes or has previously become a citizen of any country
mentioned in subsection (3) of section one of this Act, or has
previously become a citizen of *the United Kingdom and Colonies,
a citizen of Eire or an alien.
(3) A male person who becomes a, citizen of the United
Kingdom and Colonies by virtue of the last foregoing subsection
shall be deemed for the purposes of the proviso to subsection (1)
of section five of this Act to be a citizen thereof by descent only.
Women who 14. A woman who, having before the commencement of this
have ceased Act married any person, ceased on that marriage or during the
to be British
subjects by continuance thereof' to be a British subject shall be deemed
reason of for the purposes of this Act to have been a British subject
marriage. immediately before the commencement of this Act.
Persons who 15.-(1) Where any person whose British nationality depended
have ceased to upon his birth having been registered at a consulate of His
British
subjects by Majesty has, under any enactment in force at any time before
failure to make the commencement of this Act, ceased to be a British subject
declaration by reason of his failure to make a declaration of retention of
of retention British nationality after becoming of full age, that person shall,
of British
nationality..
he would but for that failure have been a British qubject
immediately before the commencement of this Act, be deemed
for the purposes of this Act then to have been a British subject.
(2) In determining for the purposes of this section whether
a woman who has married an alien would but for her failure to
make a declaration of retention of British nationality have been
a British subject immediately before the commencement of this
Act the marriage shall be disregarded.
Persons who 16.-(1) This section shall apply to any person who-
have ceased
to be British (a) ceased to be a British subject under the provisions of
subjects on subsection (1) of section twelve of the British Nation-
loss of ality and Status of Aliens Act, 1914 (which provided,
British subject to certain exceptions, that where a person being
nationality by
parent. a British subject ceased to be such, whether by declara-
4 & 5 Geo. 5. tion of alienage or otherwise, every child of that person
c. 17
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ii & r2 GEO. 6. British Nationality Ca. 56.
Act, 1948.
that person has been ordinarily resident in foreign countries for PARTII.
a continuous period of seven years and during that period has -cont.
neither-
(a) been at any time in the service of His Majesty or of an
international organisation of which the government of
any part of His Majesty's dominions was a member ;
nor
(b) registered annually in the prescribed manner at a United
Kingdom consulate his intention to retain his citizenship
of the United Kingdom and Colonies.
(5) The Secretary of State shall not deprive a person of citizen-
ship under this section unless he is satisfied that it is not conducive
to the public good that that person should continue to be a
citizen of the United Kingdom and Colonies.
(6) Before making an order under this section the Secretary
of State shall give the person against whom the order is
proposed to be made notice in writing informing him of the
ground on which it is proposed to be made and, if the order is
proposed to be made on any of the grounds specified in sub-
sections (2) and (3) of this section, of his right to an inquiry
under this section.
(7) If the order is proposed to be made on any of the grounds
specified in subsections (2) and (3) of this section and that person
applies in the prescribed manner for an inquiry, the Secretary of
State shall, and in any other case the Secretary of State may, refer
the case to a committee of inquiry consisting of a chairman, being
a person possessing) udicial experience, appointed by the Secretary
of State and of such other members appointed by the Secretary
of State as he thinks proper.
21.--(1) Where a naturalised person who was a citizen of Deprivation
any country mentioned in subsection (3) of section one of this Act of citizenship
or of Eire has been deprived of that citizenship on grounds of United
which, in the opinion of the Secretary of State, are sub- Kingdom and Colonies
stantiallyY to anY of the b' rounds specified in sub- where persons
sections (2), (3) and (4) of the last foregoing section, then, if deprived of
that person is a citizen of the United Kingdom and Colonies, citizenship
the Secretary of State may by an order made under this section elsewhere.
deprive him of that citizenship, if the Secretary of State is
satisfied that it is not conducive to the public good that that
person should continue to be a citizen of the United Kingdom
and Colonies.
(2) Before making an order under this section the Secretary
of State shall give the person against whom the order is proposed
to be made notice in writing informing him of the ground on
which it is proposed to be made and may refer the case to a
committee of inquiry constituted in the manner provided by
the last foregoing section.
II
1Lt
PART H. 22. The functions of the Secretary of State under the last two
-cont. foregoing sections shall, in any colony, protectorate or United
Deprivation Kingdom trust territory, be exercised by the Governor ; but he
in colonies shall not make an order depriving any person of citizenship
and other
territories. of the United Kingdom and Colonies except with the approval
of the Secretary of State.
PART III.
SUPPLEMENTAL.
Legitimated 23.-(I) A person born out of wedlock and legitimated by the
children. subsequent marriage of his parents shall, as from the date of the
marriage or of the commencement of this Act, whichever is later,
be treated, for the purpose of determining whether he is a
citizen of the United Kingdom and Colonies, or was a British
subject immediately before the commencement of this Act, as
if he had been born legitimate.
(2) A person shall be deemed for the purposes of this section
to have been legitimated by the subsequent marriage of his
parents if by the law of the place in which his father was
domiciled at the time of the marriage the marriage operated
immediately or subsequently to legitimate him, and not otherwise.
Posthumous 24. Any reference in this Act to the status or description of
children. the father of a person at the time of that person's birth shall,
in relation to a person born after the death of his father, be
construed as a reference to the status or description of the father
at the time of the father's death ; and where that death occurred
before, and the birth occurs after, the commencement of this
Act, the status or description which would have been applicable
to the father had he died after the commencement of this Act
shall be deemed to be the status or description applicable to him
at the time of his death.
Certificate 25. The Secretary of State may in such cases as he thinks fit,
of citizenship on the application of any person with respect to whose citizenship
in case of
doubt. of the United Kingdom and Colonies a doubt exists, whether
on a question of fact or of law, certify that that person is a
citizen of the United Kingdom and Colonies ; and a certificate
issued under this section shall, unless it is proved that it was
obtained by means of fraud, false representation or concealment
of any material fact, be conclusive evidence that that person
was such a citizen on the date thereof, but without prejudice
to any evidence that he was such a citizen at an earlier date.
Discretion of 26. The Secretary of State, the Governor or the High Com-
Secretary missioner, as the case may be, shall not be required to assign
of State, any reason for the grant or refusal of any application under this
Governor or Act the decision on which is at his discretion ; and the decision
High
Commissioner. of the Secretary of State, Governor or High Commissioner on
any such application shall not be subject to appeal to or review
in any court.
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CH. 56. British Nationality 11 & 12 GEO. 6.
Act, 1948.
PART III. (e) for the cancellation of the registration of, and the can-
-cont. cellation and amendment of certificates of naturalisa-
tion relating to, persons deprived of citizenship under
this Act, and for requiring such certificates to be
delivered up for those purposes ;
(f) for the registration by consular officers or other officers
in the service of His Majesty's government in the United
Kingdom of the births and deaths of persons of any class
or description born or dying in a protected state or
foreign country ;
(g) for enabling the births and deaths of citizens of the United
Kingdom and Colonies and British protected persons
born or dying in any country in which His Majesty's
government in the United Kingdom has for the time
being no diplomatic or consular representatives to be
registered by persons serving in the diplomatic, consular
or other foreign service of any country which, by
arrangement with His Majesty's government in the
United Kingdom, has undertaken to represent that
government's interest in that country, or by a person
authorised in that behalf by the Secretary of State ;
(la') with the consent of the Treasury, for the imposition and
recovery of fees in respect of any application made to
the Secretary of State under this Act or in respect of
any registration, or the making of any declaration, or
the grant of any certificate, or the taking of any oath of
allegiance, authorised to be made, granted or taken
by or under this Act, and in respect of supplying a
certified or other copy of any notice, certificate, order,
declaration or entry, given, granted or made as afore-
said ; and for the application of any such fees.
(2) His Majesty may by Order in Council provide for the applica-
tion, with such adaptations and modifications as may be necessary,
to births and deaths registered in accordance with regulations
made under paragraphs (f) and (g) of the last foregoing sub-
section, or registered at a consulate of His Majesty in accordance
with regulations made under the British Nationality and Status
of Aliens Acts, 1914 to 1943, or in accordance with instructions
of the Secretary of State, of the Births and Deaths Registration
Acts, 1836 to 1947, the Registration of Births, Deaths and
Marriages (Scotland) Acts, 1854 to 1938, or any Act (includii.g
any Act, whether passed before or after the commencement of
this Act, of the Parliament of Northern Ireland) for the time
being in force in Northern Ireland relating to the registration of
births and deaths ; and any such Order in Council may exclude,
in relation to births and deaths so registered, any of the
provisions of section twenty-seven of this Act.
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f
(3). The Secretary of State or, as the case may be, the Governor PART III.
of any colony, protectorate or United Kingdom trust territory --cont.
may make rules for the practice and procedure to be followed in
connection with references under this Act to a committee of
inquiry ; and such rules may, in particular, provide for conferring
on any such committee any powers, rights or privileges of any
court, and for enabling any powers so conferred to be exercised
by one or more members of the committee.
(4) Any power of the Secretary of State to make regulations
or rules under this Act shall be exercised by statutory
instrument.
(5) Any Order in Council made under this Act may be revoked
or varied by a subsequent Order in Council.
30.-(I) His Majesty may, in relation to the states and tern- protectorates
tories under His protection through His government in the and protected
United Kingdom, by Order in Council declare which of those states.
states and territories are protectorates and which of them are
protected states for the purposes of this Act.
(2) His Majesty may by Order in Council apply the provisions
of this Act to the New Hebrides and to Canton Island as if they
were protected states.
(3) His Majesty may by Order in Council direct that in this
Act any reference specified in the Order to protectorates shall
be construed as including a reference to such protected states
as may be so specified, and that in relation to any protected
state so specified any reference in this Act to the Governor shall be
construed as including a reference to such person as may be
specified in the Order.
31. For the purpose of assimilating the rights and liabilities of Assimilation
natural-born and other British subjects under the enactments of status of
specified in Part I of the Fourth Schedule to this Act, those natural-born er
enactments are hereby repealed to the extent specified in the Brtissh
third column of that Part. subjects under
existing
enactments.
32.-(1) In this Act, unless the context otherwise requires, the Interpreta-
following expressions have the meanings hereby respectively tion.
ascribed to them, that is to say
" Alien " means a person who is not a British subject, a
British protected person or a citizen of Eire ;
" Australia " includes the territories of Papua and the
territory of Norfolk Island ;
" British protected person " means a person who is a member
of a class of persons declared by Order in Council made
in relation to any protectorate, protected state,
-
PART III. (6) For the purposes of this Act, any person who, by the law
--cant. in force immediately before the commencement of this Act in
any colony or protectorate, enjoyed the'privileges of naturalisation
within that colony or protectorate only shall be deemed to have
become immediately before the commencement of this Act a
British-subject and a person naturalised in the United Kingdom
and Colonies.
(7) A person shall, in relation to any country mentioned
in subsection (3) of section one of this Act in which a citizenship
law has not taken effect at the date of the commencement of this
Act, be deemed for the purposes of this Act to be potentially a
citizen of that country at that date if he, or his nearest ancestor
in the male line who acquired British nationality other-
wise than by reason of his parentage, acquired British nationality
by any of the following means, that is to say-
(a) by birth within the territory comprised at the date of the
commencement of this Act in that country; or
(b) by virtue of a certificate of naturalisation granted by the
government of that country; or
(c) by virtue of the annexation of any territory included at
the date of the commencement of this Act in that
country ;
and a woman shall, in addition, be deemed for the purposes of
this Act to be at the commencement of this Act potentially a
citizen of any country mentioned in subsection (3) of section
one of this Act if any person to whom she has been married is, or
would but for his death have been, potentially a citizen thereof
at that date.
(8) In this Act the expression " citizenship law " in relation to
any country mentioned in subsection (3), of section one of this Act
means an enactment of the legislature of that country declared
by order of the Secretary of State made by statutory instru-
ment at the request of the government of that country to be an
enactment making provision for citizenship thereof ; and a
citizenship law shall be deemed for the purposes of this Act to
have taken effect in a country on the date which the Secretary
of State by order so made at the request of the government of
that country declares to be the date on which it took effect.
(9) A person shall for the purposes of this Act be of full age
if he has attained the age of twenty-one years and of full capacity
if he is not of unsound mind.
(io) For the purposes of this Act, a person shall be deemed
not to have attained a given age until the commencement of the
relevant anniversary of the day of his birth.
(Ix) Any reference in this Act to any other Act shall, unless
the context otherwise requires, be construed as a reference to
that Act as amended by or under any other enactment.
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CH. 56. British Nationality II & 12 GEO. 6.
Act, 11948.
SCHEDULES
Sections 6 and FIRST SCHEDULE.
to.
OATH OF ALLEGIANCE.
I, A.B., swear by Almighty God that I will be faithful and bear
true allegiance to His Majesty King George the Sixth His Heirs
and Successors according to law.
22
12 2_S
FOURTH SCHEDULE.
11 Will. 3. C. 7- An Act for the more effec- In section seven, the words
tuall Suppression of Piracy. " naturall borne" and " or
denizens of this King-
dome ".
12 & 13 Will- 3. The Act of Settlement. In section three, the words
C. 2. from " That after the said
limitation shall take
effect " to " in trust for
him " so far as they relate
to British subjects and
citizens of Eire.
18 Geo. 2. C. 30. The Piracy Act, 1744. In section one, the words
"natural born " and " or
denizens ".
21 & 22 Vict. In section nine, the words
The Legitimacy Declaration
C. 93- Act, 1858. " natural-born ".
31 & 32 Vict. The Legitimacy Declaration In sections one and two,
C. 20. Act (Ireland), 1868. the words "natural-born"
wherever they occur.
33 & 34 Vict. The Juries Act, 1870. In section eight, the words
C. 77. " natural-born " in both
places where they occur.
57 & 58 Vict. The Merchant Shipping Act, In section one, the words
c. 60. 1894. " natural-born " in the
first place where they
occur, parag raphs (b) and
(c) and the proviso.
15 & 16 Geo. 5. The Supreme Court of Judi- In section one hundred and
C.49. cature (Consolidation) Act, eighty-eight, the words
1925. " natural-born" wherever
they occur.
Session and
Short Title, etc. Extent of Repeal.
Chapter.
4 & 5 Ann. An Act for the Natural- The whole Act.
c. 16. ization of the Most
Excellent Princess
Sophia Electress and
Dutchess Dowager of
Hanover and the
Issue of her Body.
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Yfint, in t} Vn feVK m for HMSO
CIi. 56. British Nationality II & 12 GEO. 6.
Act, 1948.
£3.60
ISBN 0 10 850035 7