British Nationality Act, 1948
1948 (11
& 12 Geo. 6.) CHAPTER 56.
ARRANGEMENT
OF SECTIONS
PREAMBLE
Part I
British Nationality.
Section
1. British
nationality by virtue of citizenship.
2.
Continuance 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. 1 (3), colonies, etc.
9. Effect of
registration as a citizen.
Citizenship
by naturalisation.
10.
Naturalisation of aliens and British protected persons.
Citizenship
by incorporation of territory.
11. Power to
specify citizens by Order in Council on incorporation 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.
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 commencement or Act.
Renunciation
and Deprivation of citizenship.
19.
Renunciation of citizenship by reason of dual citizenship or nationality.
20.
Deprivation of citizenship.
Section
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1948 c. 56
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21.
Deprivation of citizenship of United Kingdom and Colonies where persons
deprived of citizenship elsewhere.
22.
Deprivation in colonies and other territories.
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 Commissioner.
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:
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Schedule
1
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— Oath of Allegiance.
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Schedule
2
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— Qualifications for
Naturalisation
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Schedule
3
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— British Subjects without
Citizenship under Section Thirteen of this Act.
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Schedule
4
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— Enactments Repealed.
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Part I
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— Enactments relating to Natural-Born British Subjects.
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Part II
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— Other Enactments.
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British
Nationality Act, 1948
1948 (11
& 12 Geo. 6.) CHAPTER 56.
Part I
British Nationality.
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(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
commencement 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.
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(a) that he is
or has been in Crown service under His Majesty's government in the United
Kingdom;
(b) that he is
the holder of a British passport issued by His Majesty's government in the
United Kingdom or the government of any colony, protectorate, United Kingdom
mandated territory or United Kingdom trust territory;
(c) that he
has associations by way of descent, residence or otherwise with the United
Kingdom or with any colony or protectorate or any such territory as aforesaid.
(2) A claim
under the foregoing subsection may be made on behalf of a child who has not
attained the age of sixteen years by any person who satisfies the Secretary of
State that he is a parent or guardian of the child.
(3) If by
any enactment for the time being in force in any country mentioned in
subsection (3) of section one of this Act provision corresponding to the
foregoing provisions of this section is made for enabling citizens of Eire to
claim to remain British subjects, any person who by virtue of that enactment is
a British subject shall be deemed also to be a British subject by virtue of
this section.
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(a) the act or
omission would be an offence if he were an alien; and
(b) in the
case of an act or omission in any country mentioned in subsection (3) of
section one of this Act or in Eire, it would be an offence if the country in
which the act is done or the omission made were a foreign country:
Provided
that nothing in this subsection shall apply to the contravention of any
provision of the Merchant Shipping Acts, 1894 to 1948.
(2) Subject
to the provisions of this section, any law in force in any part of the United
Kingdom and Colonies or in any protectorate or United Kingdom trust territory
at the date of the commencement of this Act, whether by virtue of a rule of law
or of an Act of Parliament or any other enactment or instrument whatsoever, and
any law which by virtue of any Act of Parliament passed before that date comes
into force in any such place as aforesaid on or after that date, shall, until
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 of the United Kingdom and Colonies.
Citizenship
by birth or descent.
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Provided
that a person shall not be such a citizen 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 power accredited to His Majesty, and is not a citizen of
the United Kingdom and Colonies; or
(b) his father
is an enemy alien and the birth occurs in a place then under occupation by the
enemy.
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Provided
that if the father of such a person is a citizen of the United Kingdom and
Colonies by descent only, that person shall not be a citizen of the United
Kingdom and Colonies by virtue of this section unless—
(a) that
person is born or his father was born in a protectorate, protected state,
mandated territory or trust territory or any place in a foreign country where
by treaty, capitulation, grant, usage, sufferance, or other lawful means, His
Majesty then has or had jurisdiction over British subjects; or
(b) that
person's birth having occurred in a place in a foreign country other than a
place such as is mentioned in the last foregoing paragraph, the birth is
registered at a United Kingdom consulate within one year of its occurrence, or,
with the permission of the Secretary of State, later; or
(c) that
person's father is, at the time of the birth, in Crown service under His
Majesty's government in the United Kingdom; or
(d) that
person is born in any country mentioned in subsection (3) of section one of
this Act in which a citizenship law has then taken effect and does not become a
citizen thereof on birth.
(2) If the
Secretary of State so directs, a birth shall be deemed for the purposes of this
section to have been registered with his permission notwithstanding that his
permission was not obtained before the registration.
Citizenship
by registration.
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(a) that he is
ordinarily resident in the United Kingdom and 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 government 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
allegiance 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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(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.
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(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 foregoing sections by the High Commissioner for His
Majesty's government in the United Kingdom.
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Citizenship
by naturalisation.
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(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.
Citizenship
by incorporation of territory.
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Transitional.
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(a) that he
was born within the territories comprised at the commencement of this Act in
the United Kingdom and Colonies, and would have been such a citizen if section
four of this Act had been in force at the time of his birth;
(b) that he is
a person naturalised in the United Kingdom and Colonies;
(c) that he
became a British subject by reason of the annexation of any territory included
at the commencement of this Act in the United Kingdom and Colonies.
(2) A person
who was a British subject immediately before the date of the commencement of
this Act shall on that date become a citizen of the United Kingdom and Colonies
if at the time of his birth his father was a British subject and possessed any
of the qualifications specified in the last foregoing subsection.
(3) A person
who was a British subject immediately before the date of the commencement of
this Act shall on that date become a citizen of the United Kingdom and Colonies
if he was born within the territory comprised at the commencement of this Act
in a protectorate, protected state or United Kingdom trust territory.
(4) A person
who was a British subject immediately before the date of the commencement of
this Act and does not become a citizen of the United Kingdom and Colonies by
virtue of any of the foregoing provisions of this section shall on that date
become such a citizen unless—
(a) he is then
a citizen of any country mentioned in subsection (3) of section one of this Act
under a citizenship law having effect in that country, or a citizen of Eire; or
(b) he is then
potentially a citizen of any country mentioned in subsection (3) of section one
of this Act.
(5) A woman
who was a British subject immediately before the date of the commencement of
this Act and has before that date been married to a person who becomes, or
would but for his death have become, a citizen of the United Kingdom and
Colonies by virtue of any of the foregoing provisions of this section shall on
that date herself become such a citizen.
(6) If any
person of full age and capacity who would have become a citizen of the United
Kingdom and Colonies on the date of the commencement of this Act by virtue of
subsection (4) of this section but for his citizenship or potential citizenship
of any country mentioned in subsection (3) of section one of this Act makes
application to the Secretary of State
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(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.
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(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.
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(a) ceased to
be a British subject under the provisions of subsection (1) of section twelve
of the
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(b) would but
for the provisions of that subsection have been either a citizen of the United
Kingdom and Colonies or a British subject without citizenship under section
thirteen of this Act;
and in determining for the
purposes of this section whether a woman who has married an alien would but for
those provisions have been such a citizen or subject the marriage shall be
disregarded.
(2) If any
person to whom this section applies makes a declaration in the prescribed
manner, within one year after the commencement of this Act or after his
attaining the age of twenty-one years, whichever is later, or such longer
period as the Secretary of State may allow, of his intention to resume British
nationality, the Secretary of State shall cause the declaration to be
registered; and thereupon that person shall become a citizen of the United
Kingdom and Colonies or, as the case may be, a British subject without
citizenship; and if he becomes a British subject without citizenship section
thirteen of this Act shall apply to him accordingly.
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(2) Where a
certificate of naturalisation has been granted before, and the applicant takes
the oath of allegiance after, the commencement of this Act, the certificate
shall be deemed for the purposes of this Act to have taken effect immediately
before the commencement of this Act.
Renunciation
and Deprivation of citizenship.
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(a) a citizen
of any country mentioned in subsection (3) of section one of this Act or of
Eire; or
(b) a national
of a foreign country,
makes a declaration in the
prescribed manner of renunciation of citizenship of the United Kingdom and
Colonies, the Secretary of State shall cause the declaration to be registered;
and, upon the registration, that person shall cease to be a citizen of the
United Kingdom and Colonies:
Provided
that the Secretary of State may withhold registration of any such declaration
if it is made during any war in which His Majesty may be engaged by a person
who is a national of a foreign country.
(2) For the
purposes of this section, any woman who has been married shall be deemed to be
of full age.
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(2) Subject
to the provisions of this section, the Secretary of State may by order deprive
any such citizen of his citizenship if he is satisfied that the registration or
certificate of naturalisation was obtained by means of fraud, false
representation or the concealment of any material fact.
(3) Subject
to the provisions of this section, the Secretary of State may by order deprive
any citizen of the United Kingdom and Colonies who is a naturalised person of
that citizenship if he is satisfied that that citizen—
(a) has shown
himself by act or speech to be disloyal or disaffected towards His Majesty; or
(b) has,
during any war in which His Majesty was engaged, unlawfully traded or
communicated with an enemy or been engaged in or associated with any business
that was to his knowledge carried on in such a manner as to assist an enemy in
that war; or
(c) has within
five years after becoming naturalised been sentenced in any country to
imprisonment for a term of not less than twelve months.
(4) The
Secretary of State may by order deprive any person naturalised in the United
Kingdom and Colonies of his citizenship of the United Kingdom and Colonies if
he is satisfied that that person has been ordinarily resident in foreign
countries for a continuous period of seven years and during that period has
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 citizenship 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 subsections (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 judicial experience, appointed by the Secretary of
State and of such other members appointed by the Secretary of State as he
thinks proper.
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(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.
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Part III
Supplemental.
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(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.
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(2) Prima
facie evidence of any such document as aforesaid may be given by production of
a document purporting to be certified as a true copy thereof by such person and
in such manner as may be prescribed.
(3) Any
entry in a register made under this Act, the British Nationality and Status of
Aliens Acts, 1914 to 1943, or any Act repealed by those Acts, shall be received
as evidence of the matters stated in the entry.
(4) For the
purposes of this Act, a certificate given by or on behalf of the Secretary of
State that a person was at any time in Crown service under His Majesty's
government in the United Kingdom shall be conclusive evidence of that fact.
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(2) Any
person who fails to comply with any requirement imposed on him by regulations made
under this Act with respect to the delivering up of certificates of
naturalisation shall be liable on summary conviction in the United Kingdom to a
fine not exceeding one hundred pounds.
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(a) for
prescribing anything which under this Act is to be prescribed;
(b) for the
registration of anything required or authorised under this Act to be
registered;
(c) for the
administration and taking of oaths of allegiance under this Act, for the time
within which oaths of allegiance shall be taken and for the registration of
oaths of allegiance;
(d) for the
giving of any notice required or authorised to be given to any person under
this Act;
(e) for the
cancellation of the registration of, and the cancellation and amendment of
certificates of naturalisation 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;
(h) 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 aforesaid; and for the application of any such fees.
(2) His
Majesty may by Order in Council provide for the application, 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 subsection, 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 (including 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.
(3) The
Secretary of State or, as the case may be, the Governor of any colony,
protectorate or United Kingdom trust territory 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.
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(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.
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"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, mandated territory or trust territory to be for the purposes of this Act
British protected persons by virtue of their connection with that protectorate,
state or territory;
"Colony"
does not include any country mentioned in subsection (3) of section one of this
Act;
"Crown
service under His Majesty's government in the United Kingdom" means the
service of the Crown under His Majesty's government in the United Kingdom, or
under His Majesty's government in Northern Ireland, or under the government of
any colony, protectorate, protected state, United Kingdom mandated territory or
United Kingdom trust territory, whether such service is in any part of His
Majesty's dominions or elsewhere;
"Foreign
country" means a country other than the United Kingdom, a colony, a
country mentioned in subsection (3) of section one of this Act, Eire, a
protectorate, a protected state, a mandated territory and a trust territory;
"Governor",
in relation to a colony, protectorate or United Kingdom trust territory,
includes the officer for the time being administering the government of that
colony, protectorate or territory, and includes the person for the time being
exercising the functions of British Resident at Zanzibar;
"Mandated
territory" means a territory administered by the government of any part of
His Majesty's dominions in accordance with a mandate from the League of Nations;
"Minor"
means a person who has not attained the age of twenty-one years;
"Naturalised
person" means a person who became a British subject or citizen of Eire by
virtue of a certificate of naturalisation granted to him or in which his name
was included;
"Person
naturalised in the United Kingdom and Colonies"means—
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1948 c. 56
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(a) in
relation to a person naturalised after the commencement of this Act, a person
to whom a certificate of naturalisation has been granted by the Secretary of
State or by the Governor of a colony, protectorate or United Kingdom trust
territory;
(b) in
relation to a person naturalised before the commencement of this Act,
(i) a person
to whom a certificate of naturalisation was granted by the Secretary of State,
or, under section eight of the British Nationality and Status of Aliens Act,
1914, by the government of any British possession other than the countries
mentioned in subsection (3) of section one of this Act, or
(ii) a
person who by virtue of subsection (2) of section twenty-seven of the British
Nationality and Status of Aliens Act, 1914, is deemed to be a person to whom a
certificate of naturalisation was granted, if the certificate of naturalisation
in which his name was included was granted by the Secretary of State or by the
government of any such British possession as aforesaid or if he was deemed to
be a naturalised British subject by reason of his residence with his father or
mother;
"Prescribed"
means prescribed by regulations made under this Act;
"Protected
state" and "protectorate" have the meaning assigned to them by
section thirty of this Act;
"Trust
territory" means a territory administered by the government of any part of
His Majesty's dominions under the trusteeship system of the United Nations;
"United
Kingdom consulate" means the office of a consular officer of His Majesty's
government in the United Kingdom where a register of births is kept, or where
there is no such office, such office as may be prescribed;
"United
Kingdom mandated territory" and "United Kingdom trust territory"
mean respectively a mandated territory and a trust territory administered by
His Majesty's government in the United Kingdom.
(2) Subject
to the provisions of section twenty-three of this Act, any reference in this
Act to a child shall be construed as a reference to a legitimate child; and the
expressions "father", "ancestor" and "descended"
shall be construed accordingly.
(3)
References in this Act to any country mentioned in subsection (3) of section
one of this Act shall include references to the dependencies of that country.
(4) Any
reference in this Act to India, being a reference to a state of affairs
existing before the fifteenth day of August, nineteen hundred and forty-seven,
shall be construed as a reference to British India as defined by section three
hundred and eleven of the
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(5) For the
purposes of this Act, 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 place in which the ship or aircraft was
registered or, as the case may be, in that country.
(6) For the
purposes of this Act, any person who, by the law 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 otherwise 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 instrument 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.
(10) 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.
(11) 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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(2) A
citizen of the United Kingdom and Colonies may, if on the ground of his
connection with the Channel Islands or the Isle of Man he so desires, be known
as a citizen of the United Kingdom, Islands and Colonies.
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(2) This Act
shall come into force on the first day of January, nineteen hundred and
forty-nine.
(3) Subject
to the provisions of section seventeen of, and the Third Schedule to, this Act,
the enactments specified in Part II of the Fourth Schedule to this Act are
hereby repealed to the extent specified in the third column of that Part:
Provided
that the British Nationality and Status of Aliens Acts, 1914 to 1943, so far as
they extend to Newfoundland and Southern Rhodesia, shall continue in force in
each of those countries until provision to the contrary is made by the
legislature thereof.
S C H E D U L E S
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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.
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Qualifications for Naturalisation
Aliens.
1. Subject
to the provisions of the next following paragraph, the qualifications for
naturalisation of an alien who applies therefor are:—
(a) that he
has either resided in the United Kingdom or been in Crown service under His
Majesty's government in the United Kingdom, or partly the one and partly the
other, throughout the period of twelve months immediately preceding the date of
the application; and
(b) that
during the seven years immediately preceding the said period of twelve months
he has either resided in the United Kingdom or any colony, protectorate, United
Kingdom mandated territory or United Kingdom trust territory or been in Crown
service as aforesaid, or partly the one and partly the other, for periods
amounting in the aggregate to not less than four years; and
(c) that he is
of good character; and
(d) that he
has sufficient knowledge of the English language, and
(e) that he
intends in the event of a certificate being granted to him—
(i) to
reside in the United Kingdom or in any colony, protectorate or United Kingdom
trust territory or in the Anglo-Egyptian Sudan; or
(ii) to
enter into or continue in Crown service under His Majesty's government in the
United Kingdom, or under the government of the Anglo-Egyptian Sudan, or service
under an international organisation of which His Majesty's government in the United
Kingdom is a member, or service in the employment of a society, company or body
of persons established in the United Kingdom or established in any colony,
protectorate or United Kingdom trust territory.
2. The
Secretary of State may if in the special circumstances of any particular case
he thinks fit—
(a) allow a
continuous period of twelve months ending not more than six months before the
date of the application to be reckoned, for the purposes of sub-paragraph (a) of the
last foregoing paragraph, as if it had immediately preceded that date;
(b) allow
residence in any country mentioned in subsection (3) of section one of this Act
or in Eire, or in any mandated territory or trust territory, or
in the Anglo-Egyptian Sudan,
or residence in Burma before the fourth day of January, nineteen hundred and
forty-eight, to be reckoned for the purposes of sub-paragraph (b) of the
last foregoing paragraph;
(c) allow
service under the government of any country mentioned in the said subsection
(3), or of any state, province or territory thereof, or under the government of
the Anglo-Egyptian Sudan, or service before the fourth day of January, nineteen
hundred and forty-eight, under the government of Burma, to be reckoned for the
purposes of the said sub-paragraph (b) as if it had been Crown service
under His Majesty's government in the United Kingdom;
(d) allow
periods of residence or service earlier than eight years before the date of the
application to be reckoned in computing the aggregate mentioned in the said
sub-paragraph (b).
British
protected persons.
3. The
qualifications for naturalisation of a British protected person who applies
therefor are:—
(a) that he is
ordinarily resident in the United Kingdom and 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 case accept, immediately preceding his
application; or
(b) that he is
in Crown service under His Majesty's government in the United Kingdom, and
the qualifications specified
in sub-paragraphs (c) (d) and (e) of
paragraph 1 of this Schedule.
Application
to colonies, protectorates and trust territories.
4. The
foregoing provisions of this Schedule shall, in their application to any
colony, protectorate or United Kingdom trust territory, have effect as if—
(a) for any
references therein to the Secretary of State there were substituted references
to the Governor of that colony, protectorate or territory;
(b) for the
reference in sub-paragraph (a) of paragraph 1 and sub-paragraph (a) of
paragraph 3 thereof to residence in the United Kingdom there were substituted a
reference to residence in that colony, protectorate or territory; and
(c) for the
reference therein to the English language there were substituted, in the case
of a British protected person, a reference to the English language or any other
language in current use in that colony, protectorate or territory, and, in the
case of an alien, a reference to the English language or any language recognised
in that colony, protectorate or territory as being on an equality with the
English language.
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British Subjects without Citizenship under Section Thirteen of this Act.
1. The law
in force before the commencement of this Act relating to British nationality
shall continue to apply to a person while he remains a British subject without
citizenship by virtue of section thirteen of this Act as if this Act had not
been passed:
Provided
that—
(a) if that
person is a male, nothing in this paragraph shall confer British nationality on
any woman whom he marries during the period that he is a British subject
without citizenship, or on any child born to him during that period;
(b) he shall
not, by becoming naturalised in a foreign state, be deemed to have ceased to be
a British subject by virtue of section thirteen of the British Nationality and
Status of Aliens Act, 1914;
(c) so long as
a woman remains a British subject without citizenship as aforesaid she shall
not on marriage to an alien cease to be a British subject.
2. So long
as a person remains a British subject without citizenship by virtue of section
thirteen of this Act he shall be treated for the purposes of any application
made by him for registration as a citizen of the United Kingdom and Colonies
under sections six to nine of this Act as if he were a citizen of one of the
countries mentioned in subsection (3) of section one of this Act.
3. If while
a male person remains a British subject without citizenship by virtue of section
thirteen of this Act a child is born to him, the child shall, unless the child
has previously become a citizen of the United Kingdom and Colonies, or of any
country mentioned in subsection (3) of section one of this Act or of Eire,
become a citizen of the United Kingdom and Colonies if and when the father
becomes, or would but for his death have become, such a citizen; and a male
person who becomes a citizen of the United Kingdom and Colonies by virtue of
this paragraph 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.
FOURTH
SCHEDULE.
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Enactments Repealed.
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Enactments relating to Natural-Born British Subjects.
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Session and
Chapter.
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Short
Title, etc.
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Extent of
Repeal.
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11 Will. 3. c. 7.
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An Act for the more
effectuall Suppression of Piracy.
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In section seven, the words
"naturall borne" and "or denizens of this Kingdome".
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12 & 13 Will. 3. c. 2.
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The Act of Settlement.
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In section three, the words
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.
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18 Geo. 2. c. 30.
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The Piracy Act, 1744.
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In section one, the words
"natural born" and "or denizens".
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21 & 22 Vict. c. 93.
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The Legitimacy Declaration
Act, 1858.
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In section nine, the words
"natural-born".
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31 & 32 Vict. c. 20.
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The Legitimacy Declaration
Act (Ireland), 1868.
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In sections one and two, the
words "natural-born"wherever they occur.
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33 & 34 Vict. c. 77.
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The Juries Act, 1870.
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In section eight, the words
"natural-born" in both places where they occur.
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57 & 58 Vict. c. 60.
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The Merchant Shipping Act,
1894.
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In section one, the words
"natural-born" in the first place where they occur, paragraphs (b) and (c) and the
proviso.
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15 & 16 Geo. 5. c. 49.
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The Supreme Court of
Judicature (Consolidation) Act, 1925.
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In section one hundred and
eighty-eight, the words "natural-born" wherever they occur.
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Other Enactments.
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Session and
Chapter.
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Short
Title, etc.
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Extent of
Repeal.
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4 & 5 Ann. c. 16.
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An Act for the
Naturalization of the Most Excellent Princess Sophia Electress and Dutchess
Dowager of Hanover and the Issue of her Body.
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The whole Act.
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Session and
Chapter.
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Short
Title, etc.
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Extent of
Repeal.
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35 & 36 Vict. c. 39.
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The Naturalization Act,
1872.
The Army Act.
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The whole Act.
In section ninety-five, the
words "natural-born".
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4 & 5 Geo. 5. c. 17.
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The British Nationality and
Status of Aliens Act, 1914.
The Air Force Act.
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Sections one to sixteen.
In sections seventeen and
eighteen, the words "natural-born"wherever they occur.
Sections nineteen to
twenty-six.
Section twenty-seven, except
so far as it defines the expression "alien".
In section twenty-eight, the
words "British Nationality and".
The Schedules.
In section ninety-five, the
words "natural-born".
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8 & 9 Geo. 5. c. 38.
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The British Nationality and Status of Aliens Act, 1918.
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The whole Act.
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12 & 13 Geo. 5. c. 44.
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The British Nationality and
Status of Aliens Act, 1922.
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The whole Act.
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16 & 17 Geo. 5. c. 60.
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The Legitimacy Act, 1926.
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In section two, the words
"natural-born".
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23 & 24 Geo. 5. c. 4.
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The Evidence (Foreign,
Dominion and Colonial Documents) Act, 1933.
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Section two.
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23 & 24 Geo. 5. c. 49.
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The British Nationality and
Status of Aliens Act, 1933.
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The whole Act.
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6 & 7 Geo. 6. c. 14.
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The British Nationality and
Status of Aliens Act, 1943.
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The whole Act.
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11 & 12 Geo. 6. c. 7.
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The Ceylon Independence Act,
1947.
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Paragraph 1 of the Second
Schedule.
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