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British Nationality Act 1948

1948 CHAPTER 56 11 and 12 Geo 6

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.

[30th July 1948]

Part I British Nationality

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

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.

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

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

Part II Citizenship of the United Kingdom and Colonies

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

Part III Supplemental

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

32 Interpretation.

(1), (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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

33 Channel 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 . . .

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34†Short title, commencement and repeal.

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

(2), (3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULES

FIRST SCHEDULE

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SECOND SCHEDULE

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THIRD SCHEDULE

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FOURTH SCHEDULE

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Status: There are currently no known outstanding effects for the British Nationality Act 1948.
British Nationality Act 1948 (1948/56)

Displaying information

Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
C1Act: 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)
C2Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3
C3Act 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)
C4S. 3(1) saved by Civil Aviation Act 1949 (c. 67), s. 59(1); excluded by Antarctic Treaty Act 1967 (c. 65), s. 10(8)
C5S. 3(2) amended by Ireland Act 1949 (c. 41), s. 4
C6S. 3 excluded (N.I.) by Criminal Jurisdiction Act 1975 (c. 59, SIF 39:2), s. 1(4)
C7Pt. III amended and applied by Acts listed in Chronological Table of the Statutes
C8Pt. III modified by Solomon Islands Act 1978 (c. 15, SIF 26:37A), s. 6(2); by S.I. 1978/1030, art. 3(5), 1978/1899, art. 3(5), 1979/917, art. 3(5), by Belize Act 1981 (c. 52, SIF 26:7A), s. 5(6) and by S.I. 1981/1105, art. 3(6)
F1Act (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))this amendment is subject to savings and/or transitional provisions, see the commentary.this amendment (text inserted, repealed) should be read in conjunction with other related provisions, see the commentary.inserted, repealed
F1Act (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))this amendment is subject to savings and/or transitional provisions, see the commentary.this amendment (text inserted, repealed) should be read in conjunction with other related provisions, see the commentary.inserted, repealed
F1Act (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))this amendment is subject to savings and/or transitional provisions, see the commentary.this amendment (text inserted, repealed) should be read in conjunction with other related provisions, see the commentary.inserted, repealed
F1Act (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))this amendment is subject to savings and/or transitional provisions, see the commentary.this amendment (text inserted, repealed) should be read in conjunction with other related provisions, see the commentary.inserted, repealed
F1Act (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))this amendment is subject to savings and/or transitional provisions, see the commentary.this amendment (text inserted, repealed) should be read in conjunction with other related provisions, see the commentary.inserted, repealed
F1Act (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))this amendment is subject to savings and/or transitional provisions, see the commentary.this amendment (text inserted, repealed) should be read in conjunction with other related provisions, see the commentary.inserted, repealed
F1Act (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))this amendment is subject to savings and/or transitional provisions, see the commentary.this amendment (text inserted, repealed) should be read in conjunction with other related provisions, see the commentary.inserted, repealed
F2Words in s. 3(1) substituted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para.22 (with s. 312(1))this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F3S. 3(4) inserted by British Nationality Act 1981 (c. 61, SIF 87), s. 52(6)(7), Sch. 7, Sch. 8 para. 1(2)inserted
M11914 c. 12.
M21919 c. 92.
X1A dagger appended to a marginal note means that it is no longer accurate
Defined TermSection/ArticleIDScope of Application
aliens. 3 of Part Ialien_rtI4ZqV
British protected persons. 3 of Part IBritish_pr_rtzrvDG
foreign countrys. 3 of Part Iforeign_co_rtAh5PN

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