British
Nationality Act, 1948.
II
& 12
GEO.
6. CH.
56.
To be returned
to
HMSO
PC12CI
for Controller's
Libjary
Run No.
b. S
H.
Bin
No.
0'$ .
27G
.
06.
Box
No.
Year.
%
-1
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.
i
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.
Renunciation
and Deprivation
of citizenship.
ig. Renunciation of citizenship
by reason
of
dual
citizenship or
nationality.
20. Deprivation
of citizenship.
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 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.]
13
E it enacted
by
the
King's
most Excellent
Majesty,
by and
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
nationality
the
time being
in force
in
any
country
mentioned
in
subsection
(3)
cyt
whip
of
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
commencement
of
this Act
was
also
a
British
subject
shall
not
by
of certain
ens
reason of
anything
contained
in section
one
of
this
Act
be deemed
B fish
Eire
to
have
ceased
to be
a
British
subject
if
at
any
time
he
gives
notice
subjects.
I
CH.
56.
British
Nationality
ii
&
12 GEO.
6.
Act,
1948.
PART
I.
in writing to
the Secretary
of
State claiming
to remain
a British
-cant.
(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
King-
dom
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.
subject
on
all
or
any of
tha
following
grounds,
that is
to say-
Limitation
of criminal
liability
of
citizens
of
countries
mentioned
in s. i (3)
and
Eire.
Status
of
citizens
of
Eire
and British
protected
persons.
3.-(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 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 irl 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
2
II
&
12 GEO.
6.
British Nationality
CH.
56.
Act, 2948.
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
1
-cont.
PART II_
CITIZENSHIP
OF
THE UNITED
KINGDOM
AND COLONIES.
Citizenship
by birth or descent.
4. Subject
to the provisions
of
this
section,
every
person
Citizenship
born
within
the United
Kingdom
and Colonies
after
the com- by
birth.
mencement
of
this Act
shall
be
a citizen of
the United
Kingdom
and Colonies
by birth
:
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.
5.-(1)
Subject
to
the
provisions
of
this
section, a person
born
Citizenship
after
the
commencement
of
this Act
shall
be
a citizen of
the
by
descent.
United
Kingdom
and Colonies
by descent
if his father
is
a
citizen
of
the United
Kingdom
and Colonies
at
the time
of
the
birth
:
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 protect-
orate,
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
A2 3
Cg.
56.
British
Nationality
II
&
12
GEO.
6.
Act,
1948.
PART
II.
-cont.
Registration
of citizens
of countries
mentioned
in
s.
r
(3) or
of Eire
and
wives
of
citizens
of
the
United
Kingdom
and
Colonies.
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
sub-
section
(3)
of
section one
of this
Act in which a citizen-
ship
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.
6.-(I) Subject
to the provisions
of
subsection
(3)
of
this
section,
a citizen of
any country mentioned in
subsection (3)
of
section
one
of this Act or a citizen
of Eire, being a person
of full
age
and capacity, shall
be
entitled, on making
application therefor
to
the
Secretary of
State in the prescribed
manner, to
be
registered
as
a
citizen
of
the
United
Kingdom
and
Colonies if he satisfies
the
Secretary of
State
either-
(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
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.
4
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.
9.
A person registered
under any
of
the last
three foregoing
Effect
of
sections
shall be a citizen
of the
United
Kingdom
and
Colonies
registration
by
registration
as from the
date on which he is
registered.
as
a
citizen.
Citizenship by naturalisation.
10.-(i) The
Secretary of.
State
may, if
application therefor
Naturalisation
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
this
Act
for
naturalisation,
grant to him a
certificate of naturalisa-
pens.
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.
A3
5
CH.556.
British
Nationality
11 &
12
GEO.
6.
Act,
1948.
PAItT II.
-cont.
Power
to
specify
citizens
by Order
in
Council
on
incorporation
of territory.
Citizenship
by
incorporation
of territory.
11.
If any
territory
becomes
a part
of the United
Kingdom
and Colonies,
His
Majesty
may
by Order
in
Council specify
the
persons who shall
be citizens
of
the United
Kingdom and Colonies
by
reason
of
their
connection
with that
territory ; and those
persons shall
be citizens
of the United
Kingdom
and
Colonies
as
from
a date
to
be specified
in the Order.
Transitional.
British 12.-(1) A person
who was a
British subject
immediately
before
subjects before
the
date of
the commencement
of this
Act shall on
that date
commence-
become a citizen
of
the
United
Kingdom
and Colonies
if he
meet of Act
becoming
possesses any
of the
following
qualifications,
that
is to
say-
citizens
of
(a)
that
he
was born
within the
territories comprised
at the
United
commencement
of
this
Act
in
the United
Kingdom and
Kingdom
and Colonies
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 annexa-
tion 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
sub-
section
(3) of
section
one of
this
Act under
a citizenship
law
having
effect
in that country,
or a citizen of
Eire
or
fib)
he is then potentially a
citizen of
any
country mentioned
in
subsection
(3) of
section
one
of
this
Act.
6
ii
&
12
GEO.
6.
British Nationality
Cx. 56.
Act,
1948.
(5) A woman
who
was,ca British
subject
immediately
before
PART II.
the
date
of
the
commencement
of this Act and has
before that
-cont.
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
in the
prescribed
manner
before the first day of
January nineteen hundred
and
fifty for the
registration of
himself and any
of his minor children
as citizens
of
the
United
Kingdom
and
Colonies, and
on
such
application
satisfies
the
Secretary of State-
(a) that
he is
descended in
the male
line
from a person
possessing
any of the qualifications
specified
in sub-
section
(i)
of
this
section
; and
(b) that he intends to make his ordinary place of
residence
within
the
United Kingdom and
Colonies,
then, if it
seems
to the Secretary of
State
fitting
that that person
should by reason
of
his
close connection
with the United
Kingdom
and Colonies become a citizen
thereof,
the
Secretary
of
State
may cause him, and any minor children to
whom the application
relates, to be registered as such
; and that person,
and
any such
minor
children
as aforesaid, shall
thereupon
become citizens
of
the United
Kingdom and
Colonies.
(7) 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 foregoing
subsection by the High
Commissioner
for
His
Majesty's govern-
ment
in
the United Kingdom.
(8) A male person
who becomes a citizen
of the United
Kingdom
and Colonies
by virtue only of subsection
(2),
(4)
or (6)
of this
section shall
be deemed
for the purposes
of the proviso
to sub-
section
(i) of
section
five of
this Act to
be a citizen of the United
Kingdom and Colonies
by descent only.
13.-(1) A person who
was a British
subject
immediately
British
before the date of
the commencement
of
this Act and
is
at
that
subjects whose
date potentially
a citizen of
any country
mentioned
in sub-
citizenship
section
(3) of section
one of
this Act,
but
is
not
at that
date a
has
not
been
ascertained
citizen
of the United
Kingdom and
Colonies
or of
any country
at
the corn-
mentioned
in
that subsection
or of
Eire, shall
as
from that
date
mencement
remain a British
subject
without
citizenship until
he
becomes
a
of
this
Act.
citizen of
the United
Kingdom and
Colonies,
a citizen
of
any
7
CH.
56.
British Nationality
ii &
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
have ceased
to be British
subjects by
reason
of
marriage.
14.
A woman who, having
before the commencement of this
Act
married
any
person,
ceased on
that marriage or during the
continuance
thereof' to be a British subject shall be deemed
for
the purposes
of this
Act
to
have been
a
British
subject
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
by
Majesty
has, under
any enactment
in
force
at
any
time before
subjects
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
have ceased
to
be British
subjects
on
loss
of
British
nationality by
parent.
4 & 5 Geo. 5.
c. 17
16.-(1)
This
section shall apply
to any
person
who-
(a)
ceased
to be
a British subject
under
the provisions
of
subsection (1)
of
section twelve
of the
British
Nation-
ality and
Status of Aliens
Act,
1914
(which
provided,
subject to
certain exceptions,
that
where
a person being
a British subject
ceased to
be
such, whether
by
declara-
tion of alienage
or otherwise,
every
child
of
that person
8
ii
& r2
GEO. 6.
British Nationality
Ca. 56.
Act,
1948.
being
a minor should
thereupon cease to- be a British
PART
II.
subject), and --cont.
(v)
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.
17. Notwithstanding
the repeal
by
this
Act of the
British
Registration
Nationality
and-Status
of Aliens
Act,
1943,
the birth
of
a person
of births
born
before the
date of
the commencement
of this
Act may
be
occurring
registered
after
that date
at
a consulate
of
His Majesty
as defined
before
re
com
m
in
that
Act ;
and
if the birth
is registered
in
the circumstances
of
Act.
specified
in subsection
(2) of
section
one
of
that
Act,
that person
6 &
7
Geo.
6.
shall
be deemed
for
the
purposes
of
this
Act
to have
been
a British
C.
T4
subject
immediately
before
the
commencement
of
this Act.
18.-(1)
Any application
for
a certificate
of naturalisation,
or
Applications
for
the
inclusion
of
the
name of
a child
in
a certificate
of natural-
for
isation,
made
before
the
date
of the.commencement
of
this
Act
naturalisation
but
not
granted
at
that
date
may
be treated
as
if- it were an
com in
ce--the
application
for a certificate
of
naturalisation
or
for
the
registra-
went
of
Act.
tion
of
a
minor child
as
a
citizen of
the
United
Kingdom
and
Colonies
under
this
Act
if the
Secretary
of State, or
the
Governor
or
other person
to
whom the
application
is made,
is
satisfied
that the person
to
whom
the
application
relates
is
qualified
therefor.
(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.
9
1'Z-
PART
II.
-cont.
Renunciation
of
citizenship
by
reason
of
dual
citizenship
or nationality.
Deprivation
of
citizenship.
CH.
56.
British
Nationality
ii
& 12 GEO.
6..
Act,
1948.
Renunciation
and Deprivation
of citizenship.
19.-(1)
If any citizen
of the United
Kingdom
and
Colonies
of
full
age
and
capacity
who
is also-
(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.
20.-(1) A citizen of
the
United
Kingdom
and Colonies
who
is
such by
registration
(including a person
registered under sub-
section
(6)
of
section twelve
of this
Act)
or
is a
naturalised
person
shall cease
to
be a citizen of
the
United
Kingdom and
Colonies
if he is deprived
of that citizenship
by an order of
the
Secretary
of State
made under
this or
the next following section.
(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
citizen-
ship
of
the
United
Kingdom and
Colonies if he is
satisfied that
1o
II
&
12
GEO.
6.
British Nationality
CH.
56.
.Act,
1948.
that person has been
ordinarily resident
in foreign countries for
PART II.
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
stantially
to
an
of the rounds
specified
in sub-
and Colonies
Y Y b'
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.
-cont.
Deprivation
in colonies
and other
territories.
CH. 56.
British
Nationality
II
& 12 GEO.
6.
Act,
1948.
22.
The functions
of
the
Secretary
of State under
the
last two
foregoing
sections
shall,
in
any
colony,
protectorate
or United
Kingdom
trust
territory,
be exercised
by the
Governor
; but
he
shall
not make
an
order
depriving
any
person
of citizenship
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
of
citizenship
in
case of
doubt.
Discretion
of
Secretary
of State,
Governor
or
High
Commissioner.
25. The Secretary of
State
may in such cases
as
he thinks fit,
on the application
of
any
person
with respect
to
whose
citizenship
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.
26.
The Secretary
of
State,
the
Governor
or
the
High Com-
missioner, as
the case
may be,
shall
not
be required to
assign
any reason
for the
grant or
refusal of any application
under
this
Act
the decision on
which is at
his discretion ;
and
the decision
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.
12
A5
II
&
12
GEO. 6. British Nationality
CH.
56.
Act,
1948.
27.-(1) Every
document
purporting
to be
a
notice, certificate,
PART
III.
order
or declaration,
or
an
entry in
a
register,
or a subscription
-cont.
of
an oath
of
allegiance,
given, granted
or made under this Act,
Evidence.
the British
Nationality
and
Status of Aliens Acts, 1914 to 1943,
or
any Act repealed by
those Acts,
shall be
received in
evidence,
and
shall, unless
the contrary
is
proved, be deemed to have been
given, granted or made by or on behalf
of the person
by whom
or on whose behalf it purports to have been given, granted or
made.
(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.
28.-(1) Any
person who
for the
purpose
of
procuring
anything
Offences.
to be done or
not to be done
under
this Act
makes any statement
which he
knows to be false
in a
material particular,
or recklessly
makes
any statement
which
is false in
a material
particular,
shall
be liable
on summary
conviction
in the United
Kingdom
to
imprisonment
for a term
not exceeding
three
months.
(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.
29.-(1)
The
Secretary
of State
may
by regulations
make
Orders
in
provision generally
for carrying
into effect
the purposes
of this
Council,
Act, and
in particular-
aegulations
and
rules
(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
;
13
PART III.
-cont.
CH. 56.
British Nationality 11
& 12 GEO.
6.
Act, 1948.
(e) for
the cancellation of
the registration
of,
and the
can-
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.
I4
f
II &
12
GEO. 6.
British
Nationality
CH.
56.
Act,
1948.
(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
enactments
are hereby repealed
to
the
extent
specified
in
the
Brt issh
er
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,
mandated territory
or
trust. territory
to
be
for the
r5
1-6
PART III.
-cont.
CH.
56.
British
Nationality
=i &
12
GEO.
6.
Act,
1948.
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-
(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
naturalisa-
tion was granted by
the Secretary
of State,
or,
under
section eight of
the British Nation-
ality and
Status of
Aliens
Act,
1914,
by the
16
t
01
II
&
12
GEO.
6.
British
Nationality
CH. 56.
Act, 1948.
than the
countries
mentioned in
subsection
(3) of section
one
of this Act,
or
a person
who
by virtue
of subsection
(2)
of
government of any British possession other
PART
III.
section
twenty-seven of the British Nation-
ality and Status of Aliens Act, 1914, is
deemed to
be a person to
whom
a certificate
of naturalisation
was
granted, if the certifi-
cate
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
"
this Act
;
means prescribed
by regulations
made
under
-cont.
" 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
man=
dated 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 sub-
section
(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 Government
of India Act,
1935.
26
Geo.
5.
&
(5) For
the purposes
of
this
Act,
a person
born
aboard a
i Edw. 8. c. z_
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.
'7
to
PART
III.
--cant.
.CH.
56.
British Nationality
II & 12
GEO.
6.
Act,
1948.
(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
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.
18
Z1
II & 12
GEO.
6.
British Nationality
CH.
56.
Act, 1948.
33.-(1)
References
in
this Act to colonies shall
be construed
PART
III.
as
including references
to
the Channel Islands
and the Isle of
-cont.
Man
;
and in its application to those
islands this Act shall have
Channel
effect
as
if
references
to the Governor included
references to the
Islands
and
Isle of
Lieutenant-Governor.
Man.
(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.
34.-(1) This Act
may
be cited
as the
British Nationality
short title,
Act,
1948.
commence-
ment
and
(2)
This Act shall
come
into force
on the first
day
of
January, repeal.
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
legis-
lature
thereof.
A 4
19
CH.
56. British
Nationality
II &
12
GEO.
6.
Act,
11948.
SCHEDULES
Sections
6
and
to.
FIRST
SCHEDULE.
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.
Section
to.
SECOND SCHEDULE.
QUALIFICATIONS FOR
NATURALISATION.
Aliens.
I. 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
20
M
11 &
i2
GEO. 6.
British
Nationality
CE.
56.
Act,
1944.
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
govern-
ment
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 para-
graph
i of
this Schedule.
Application to colonies, protectorates and trust territories.
4. The
foregoing
provisions of
this Schedule
shall,
in their.
applica-
tion
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
i 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.
2ND
Scu.
-cont.
21
t1
CH. 56.
British
Nationality
II &
12
GEO.
6.
Act,
1948.
Section
13.
THIRD SCHEDULE.
BRITISH
SUBJECTS
WITHOUT CITIZENSHIP
UNDER
SECTION THIRTEEN
OF
THIS ACT.
I. 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,
1'914;
(c) so long as a
woman remains
a British subject
without citizen-
ship 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
sub-'
section
(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
(I) of section
five
of this
Act to
be
a citizen
thereof
by
descent
only.
22
12
i7&12GEO.6.
Session
and
Chapter.
11
Will.
3.
C.
7-
12 & 13 Will- 3.
C. 2.
British
Nationality
CH. 56.
Act, 1948.
FOURTH
SCHEDULE.
ENACTMENTS REPEALED.
PART I.
ENACTMENTS
RELATING TO NATURAL-BORN
BRITISH
SUBJECTS.
Short
Title,
etc.
An Act
for
the more
effec-
tuall Suppression of Piracy.
The Act
of Settlement.
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.
The
Legitimacy Declaration
In section nine, the
words
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 the occur
33 & 34
Vict.
The Juries
Act, 1870.
y .
In section eight, the words
C.
77.
" natural-born
"
in
both
places
where
they
occur.
57 & 58
Vict. The
Merchant Shipping
A ct,
In section
one,
the words
c.
60.
1894.
" natural-born " in
the
first place
where
they
occur ra hs (b)
and ara
, p
g p
(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.
PART II.
OTHER
ENACTMENTS.
Session
and
Chapter.
4 &
5
Ann.
c.
16.
Short Title,
etc.
An
Act for the Natural-
ization
of the
Most
Excellent
Princess
Sophia
Electress and
Dutchess
Dowager
of
Hanover
and
the
Issue
of
her Body.
Extent of Repeal.
In
section
seven,
the words
" naturall
borne"
and "
or
denizens
of this King-
dome ".
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
Extent of
Repeal.
The whole Act.
Yfint,
in t} Vn
feVK
m for
HMSO
23
2_S
Section
31
Section 34.
CIi.
56.
British Nationality
II &
12
GEO.
6.
Act, 1948.
Session
and
etc.
Short
Title
Extent of Repeal.
Chapter.
,
35 & 36
Vict.
The
Naturalization Act,
The whole Act.
C.
39.
1872.
The
Army
Act.
In section
ninety-five, the
words
" natural-born
".
4&5Geo.5.
The British Nationality
Sections
one to
sixteen.
C.
17.
and
Status
of
Aliens
In sections
seventeen
and
Act,
1914.
eighteen,
the
words
"
natural-
born
" wherever
they occur.
The Air Force Act.
8 & 9 Geo. 5.
C.
38-
12
& 13 Geo.
5-
c. 44-
16
& 17
Geo.
5. c. 6o.
23
&
24 Geo. 5.
4-
23
&
24
Geo. 5.
c. 49.
6 & 7
Geo. 6.
C.
14.
I1 & 12 Geo. 6.
c. 7.
The British Nationality
and Status
of
Aliens
Act, 1918.
The British Nationality
and Status of Aliens
Act, 1922.
The Legitimacy
Act,
1926.
The
Evidence (Foreign,
Dominion
and
Colo-
nial
Documents) Act,
1933.
The
British Nationality
and
Status
of
Aliens
Act,
1933.
The British Nationality
and Status
of Aliens
Act,
1943.
The
Ceylon
Independ-
ence
Act,
1947.
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
".
The
whole
Act.
The whole Act.
In section two, the
words
11
natural-born ".
Section
two.
The whole Act.
The whole
Act.
Paragraph
i of the
Second
Schedule.
PRINTED
IN ENGLAND
BY J A DOLE
Controller and Chief
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of Her Majesty's
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and
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of Acts of Parliament.
Reprinted in the
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