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British Nationality Act 1948

11 & 12 Geo. 6 c. 56 · Enacted 30 July 1948 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 28 June 2022.

F1An Act to make provision for British nationality and for citizenship of the United Kingdom and Colonies and for purposes connected with the matters aforesaid.

[30th July 1948]C1C2C3

Annotations to the whole text

Textual amendments

F1

Act (except ss. 3, 32(3), 33(1) (from the beginning to the words “Isle of Man”), 34(1)) repealed by British Nationality Act 1981 (c. 61, SIF 87), s. 52(7)(8), Sch. 9 (with transitional provisions in Sch. 8); and Act amended in so far as it still applies (28.6.2022) by 1981 c. 61, ss. 4C(3D), 4I(1A), 17A(4), 17F(2) (as inserted by Nationality and Borders Act 2022 (c. 36), ss. 1(2), 2(2), 6(2)(3), 87(1); S.I. 2022/590, regs. 1(2), Sch. 1 paras. 1, 2, 5 (with Sch. 2 para. 1))

Modifications

C1

Act: saved by Ireland Act 1949 (c. 41), s. 3(1)(a); extended by Ireland Act 1949 (c. 41), s. 3(1)(b) and Cyprus Act 1960 (c. 52), s. 4(7); and applied by Medical Act 1950 (c. 29), s. 31(5)

C2

Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3

C3

Act saved for E.W. by Children Act 1975 (c. 72, SIF 49:9,10), s. 8(9), Sch. 1 paras. 3, 7(2)(a); and saved for S. by Children Act 1975 (c. 72, SIF 49:9,10), s. 8(10), Sch. 2 para. 1(1)(4)(a) (which saving Act is repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(7), Sch. 15); and saved for E.W. by Adoption Act 1976 (c. 36, SIF 49:11), s. 47(2)(a)

Contents

  1. Part I: British Nationality
  2. 1, 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  3. 3Limitation of criminal liability of citizens of countries mentioned in s. 1(3) and Eire. Status of citizens of Eire and British protected persons.
  4. Part II: Citizenship of the United Kingdom and Colonies
  5. 4—22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  6. Part III: Supplemental
  7. 23—31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  8. 32Interpretation.
  9. 33Channel Islands and Isle of Man.
  10. 34†Short title, commencement and repeal.
  11. Schedule FIRSTSchedule FIRST
  12. Schedule SECONDSchedule SECOND
  13. Schedule THIRDSchedule THIRD
  14. Schedule FOURTHSchedule FOURTH

1, 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

3Limitation of criminal liability of citizens of countries mentioned in s. 1(3) and Eire. Status of citizens of Eire and British protected persons.C1C2C3

(1)

A British subject or citizen of Eire who is not a citizen of the United Kingdom and Colonies shall not be guilty of an offence against the laws of any part of the United Kingdom and Colonies or of any protectorate or United Kingdom trust territory by reason of anything done or omitted in any country mentioned in subsection (3) of section one of this Act or in Eire or in any foreign country, unless—

(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 F1Merchant Shipping Act 1995.

(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 M1Aliens Restriction Acts, 1914 M2 and 1919, and in any order made thereunder the expression “alien” shall not include a British protected person.

F2(4)

In this section “foreign country” and “British protected person” have the same meaning as in the British Nationality Act 1981.

4—22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

23—31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

32Interpretation.

F11), (2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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)—(11)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

33Channel Islands and Isle of Man.

(1)

References in this Act to colonies shall be construed as including references to the Channel Islands and the Isle of Man F1. . .

(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34†Short title, commencement and repeal.X1

(1)

This Act may be cited as the British Nationality Act, 1948.

F12), (3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Schedule FIRSTF1

Schedule SECONDF1

Schedule THIRDF1

Schedule FOURTHF1