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British Nationality Act 1981

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Commencement Orders bringing legislation that affects this Act into force:

Section 52(6).

X1SCHEDULE 7E+W+S+N.I. Consequential Amendments

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Editorial Information

X1The text of Sch. 7 is in the form in which it was originally enacted: it was not wholly reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

ACT OF SETTLEMENT (12 & 13 Will. 3. c. 2.)E+W+S+N.I.

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F1Sch. 7: entry relating to Act of Settlement repealed (1.1.2007 for E.W.S. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 18(7), 74(2), 77, Sch. 2; S.I. 2006/3412, art. 3, Sch. 1 para. 14(e)(cc)(iv) (subject to art. 6, Sch. 2); S.I. 2008/1316, arts. 2(2), 4(aa)(i)

LEGITIMACY DECLARATION ACT 1858 (c. 93)E+W+S+N.I.

In section 9 (declaration that person is a subject of Her Majesty in Scottish action of declarator) for “subject of Her Majesty” substitute “ Commonwealth citizen ”.

SUBMARINE TELEGRAPH ACT 1885 (c. 49)E+W+S+N.I.

In section 3(5) (offence for a subject of Her Majesty to abet breaking or injuring of submarine cable outside dominions), for “a subject of Her Majesty” substitute “ a Commonwealth citizen ”.

BRITISH NATIONALITY ACT 1948 (c. 56)E+W+S+N.I.

In section 3 (limitation of criminal liability of citizens of certain countries), after subsection (3) insert—

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

IRELAND ACT 1949 (c. 41)E+W+S+N.I.

1In section 3(1)(a) (certain provisions not affected by fact that Republic of Ireland is not part of Her Majesty’s dominions), for sub-paragraph (i) (which lists the British Nationality Act 1948) substitute—E+W+S+N.I.

(i)section 3 of the British Nationality Act 1948 ;

2For section 7(2) (interpretation of references to protectorates etc. by reference to the 1948 Act) substitute—E+W+S+N.I.

(2)In this Act “the United Kingdom” includes the Channel Islands and the Isle of Man.

[F2DEFAMATION ACT 1952 (c. 66)E+W+S+N.I.

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Amendments (Textual)

F2Sch. 7: entry relating to the Defamation Act 1952 repealed (in force on 4.9.1996 so far as consequential on ss. 1, 5, 6, 12, 13, 16 of the repealing Act and 1.4.1999 so far as consequential on ss. 14, 15, 17, Sch. 1 of the repealing Act and wholly in force for S. on 31.3.2001 and wholly in force for N.I. on 6.1.2010) by 1996 c. 31, ss. 19, 31, Sch. 2 (with s. 20(2)); S.I. 1999/817, art. 2; S.S.I. 2001/98, art. 3(b)(i) (with art. 4); S.I. 2009/2858, art. 3

In Part III of the Schedule (interpretation), in paragraph 14, for “subsection (3) of section one of that Act” substitute “ Schedule 3 to the British Nationality Act 1981 ”.]

[F3DEFAMATION ACT (NORTHERN IRELAND) 1955 (c. 11) (N.I.)E+W+S+N.I.

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Amendments (Textual)

F3Sch. 7: entry relating to the Defamation Act (Northern Ireland) 1955 repealed (in force on 4.9.1996 so far as consequential on ss. 1, 5, 6, 12, 13, 16 of the repealing Act and 1.4.1999 so far as consequential on ss. 14, 15, 17, Sch. 1 of the repealing Act and wholly in force for S. on 31.3.2001 and wholly in force for N.I. on 6.1.2010) by 1996 c. 31, ss. 16, 19(2), Sch. 2 (with s. 20(2)); S.I. 1999/817, art. 2; S.S.I. 2001/98, art. 3(b)(i) (with art. 4); S.I. 2009/2858, art. 3

In Part III of the Schedule (interpretation), in paragraph 14, for “subsection (3) of section one of that Act” substitute “ Schedule 3 to the British Nationality Act 1981 ”.]

CYPRUS ACT 1960 (c. 52)E+W+S+N.I.

In section 6(1) (power to remove Republic of Cyprus from section 1(3) of 1948 Act), for the words from “specified” onwards substitute “ mentioned in Schedule 3 to the British Nationality Act 1981, Her Majesty may by Order in Council remove the Republic of Cyprus from that Schedule. ”.

EMERGENCY LAWS (RE-ENACTMENTS AND REPEALS) ACT 1964 (c. 60)E+W+S+N.I.

In section 9 (territorial extent of Part I), in subsection (2)—

(a)in the definition of “British protected person”, for “section 1(3) of the British Nationality Acts 1948 to 1964” substitute “ the British Nationality Act 1981 ” ; and

(b)in the definition of “excepted ship or aircraft”, for “section 1(3) of the British Nationality Act 1948” substitute “ Schedule 3 to the British Nationality Act 1981 ”.

DIPLOMATIC PRIVILEGES ACT 1964 (c. 81)E+W+S+N.I.

For section 3(2) (disregard, in connection with citizenship of children of certain persons possessing dipolmatic immunity, of Orders in Council withdrawing diplomatic privileges and immunities) substitute—

(2)An Order in Council under this section shall be disregarded for the purposes of section 50(4) of the British Nationality Act 1981 (circumstances in wich certain persons entitled to exemption under section 8(3) of the Immigration Act 1971 are to be regarded for the purposes of section 1(1) of the said Act of 1981 as settled in the United Kingdom)..

COMMONWEALTH SECRETARIAT ACT 1966 (c. 10)E+W+S+N.I.

In Part II of the Schedule (staff of the Secretariat), in paragraphs 5(1) and 7, for “section 1(3) of the M1British Nationality Act 1948” substitute “ Schedule 3 to the British Nationality Act 1981 ”.

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Marginal Citations

WEST INDIES ACT 1967 (c. 4)E+W+S+N.I.

1In section 13(3) (power to make changes in nationality or citizenship law in certain events), for “citizens of the United Kingdom and Colonies” substitute [F4British overseas territories citizens] or British Overseas citizens ”.E+W+S+N.I.

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Amendments (Textual)

2In Schedule 3 (modifications of British Nationality Acts)—E+W+S+N.I.

(a)for paragraph 4(3) substitute—

(3)This paragraph applies to those functions of the Secretary of State under the British Nationality Act 1981 in the case of which he has power under section 43 of the Act to make arrangements for them to be exercised in a [F5British overseas territory] which is for the time being a colony by the Governor ; and subsection (4) of that section (approval of the Secretary of State) shall apply in relation to a direction under this paragraph as it applies in relation to arrangements under that section. ; and

(b)in paragraph 6, for the words from “Section 26” to “1965)” substitute “ Section 44 of the British Nationality Act 1981 ”.

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Amendments (Textual)

MARINE BROADCASTING (OFFENCES) ACT 1967 (c. 41)E+W+S+N.I.

F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F6Sch. 7: paragraph relating to Marine Broadcasting (Offences) Act 1967 repealed (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), ss. 124, 125(1), 126(2), Sch. 9 Pt. 1 (with Sch. 8 Pt. 1)

ANTARCTIC TREATY ACT 1967 (C. 65)E+W+S+N.I.

F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F7Sch. 7: entry repealed (1.11.1995) by 1994 c. 15, s. 33, Sch. ; S.I. 1995/2748, art. 2

FUGITIVE OFFENDERS ACT 1967 (c. 68)E+W+S+N.I.

. . . F8.

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Amendments (Textual)

CONSULAR RELATIONS ACT 1968 (c. 18)E+W+S+N.I.

In section 1(2) (meaning of certain terms in Schedule 1), in the definition of “national of the receiving state”, for the words from “as” onwards substitute as meaning—

(a)a British citizen, a [F9British overseas territories citizen] or a British Overseas citizen ; or

(b)a person who under the British Nationality Act 1981 is a British subject ; or

(c)a British protected person (within the meaning of that Act).

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Amendments (Textual)

TANZANIA ACT 1969 (c. 29)E+W+S+N.I.

In section 4(3) (enactments excluded from power to apply statutory provisions to Tanzania), for “the British Nationality Acts” substitute “ the British Nationality Act 1981 ”.

INCOME AND CORPORATION TAXES ACT 1970 (c. 10)E+W+S+N.I.

. . . F10.

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Amendments (Textual)

MERCHANT SHIPPING ACT 1970 (c. 36)E+W+S+N.I.

1In section 70(3) (meaning of “British seamen” in section 70), for “the British Nationality Act 1948” substitute “ the British Nationality Act 1981 ”.E+W+S+N.I.

2In section 93(3) (meaning of “independent Commonwealth country” in section 93), for “section 1(3) of the British Nationality Act 1948” substitute “ Schedule 3 to the British Nationality Act 1981 ”.E+W+S+N.I.

E+W+S+N.I.

. . . F11

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Amendments (Textual)

E+W+S+N.I.

. . . F12

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Amendments (Textual)

E+W+S+N.I.

. . . F13

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Amendments (Textual)

CHILDREN ACT 1975 (c. 72)E+W+S+N.I.

1In Part II of Schedule 1 (adoption orders)—E+W+S+N.I.

(a)in paragraph 7(2)(a), for “the British Nationality Acts 1948 to 1965” substitute “ the British Nationality Act 1981 ” ; and

(b)in paragraph 7(2)(d), for “citizenship of the United Kingdom and Colonies” substitute “ British citizenship, [F14British overseas territories citizenship] or British Overseas citizenship. ”.

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Amendments (Textual)

2In Schedule 2 (status conferred in Scotland by adoption)—E+W+S+N.I.

(a)in paragraph 1(4)(a), for “the British Nationality Acts 1948 to 1965” substitute “ the British Nationality Act 1981 ” ; and

(b)in paragraph 1(4)(d), for “citizenship of the United Kingdom and Colonies” substitute “ British citizenship, [F15British overseas territories citizenship] or British Overseas citizenship. ”.

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Amendments (Textual)

ADOPTION ACT 1976 (c. 36)E+W+S+N.I.

In section 47(2) (nationality enactments)—

(a)in paragraph (a), for “the British Nationality Acts 1948 to 1965” substitute “ the British Nationality Act 1981 ” ; and

(b)in paragraph (d), for “citizenship of the United Kingdom and Colonies” substitute “ British citizenship, [F16British overseas territories citizenship] or British Overseas citizenship. ”.

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Amendments (Textual)

NATIONAL HEALTH SERVICE ACT 1977 (c. 49)E+W+S+N.I.

F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F17Sch. 7: entry for National Health Service Act 1977 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 4-6, 8, Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)

SOLOMON ISLANDS ACT 1978 (c. 15)E+W+S+N.I.

In section 6 (construction of nationality provisions)—

(a)in subsection (1), for “section 1(3) of the 1948 Act” substitute “ Schedule 3 to the British Nationality Act 1981 ” ;

(b)for subsection (2) substitute—

(2)The following provisions of the British Nationality Act 1981, namely sections 45 (evidence), 46 (offences and proceedings), 48 (posthumous children) and 50 (interpretation) shall have effect for the purposes of sections 2 to 6 of this Act as if those sections of this Act were included in that Act. ; and

(c)in subsection (3), for “section 23(2) of the 1948 Act)” substitute “ section 47(2) of the British Nationality Act 1981) ”.

ADOPTION (SCOTLAND) ACT 1978 (c. 28)E+W+S+N.I.

In section 41(2) (nationality enactments)—

(a)in paragraph (a), for “the British Nationality Acts 1948 to 1965” substitute “ the British Nationality Act 1981 ” ; and

(b)in paragraph (d), for “citizenship of the United Kingdom and Colonies” substitute “ British citizenship, [F18British overseas territories citizenship] or British Overseas citizenship. ”.

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Amendments (Textual)

NATIONAL HEALTH SERVICE (SCOTLAND) ACT 1978 (c. 29)E+W+S+N.I.

In paragraph 3 of Schedule 10 (territorial extent)—

(a)in the definition of “British protected person”, for “the British Nationality Acts 1948 to 1965” substitute “ the British Nationality Act 1981 ” ; and

(b)in the definition of “excepted ship or aircraft”, for “section 1(3) of the M2British Nationality Act 1948” substitute “ Schedule 3 to the British Nationality Act 1981 ”.

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Marginal Citations

STATE IMMUNITY ACT 1978 (c. 33)E+W+S+N.I.

In section 4(5) (definition of “national of the United Kingdom”), for the words from “means” onwards substitute means—

(a)a British citizen, a [F19British overseas territories citizen] or a British Overseas citizen ; or

(b)a person who under the British Nationality Act 1981 is a British subject ; or

(c)a British protected person (within the meaning of that Act).

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Amendments (Textual)

DEEP SEA MINING (TEMPORARY PROVISIONS) ACT 1981 (c. 53)E+W+S+N.I.

1In section 1 (prohibition of unlicensed deep sea mining)—E+W+S+N.I.

(a)in subsection (4), for “citizen of the United Kingdom and Colonies” substitute “ United Kingdom national ” ;

(b)in subsection (5)(a), for “citizens of the United Kingdom and Colonies” and “such citizens” substitute respectively “ United Kingdom nationals ” and “ such nationals ” ; and

(c)in subsection (6), for the words from “and references” onwards substitute—

United Kingdom national” means—

(a)a British citizen, a [F20British overseas territories citizen] or a British Overseas citizen ;

(b)a person who under the British Nationality Act 1981 is a British subject ; or

(c)a British protected person (within the meaning of that Act).

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Amendments (Textual)

2In section 14(3) (persons who may be guilty of offences under regulations), for “a citizen of the United Kingdom and Colonies” substitute “ a British citizen, a [F21British overseas territories citizen] or a British Overseas citizen ”.E+W+S+N.I.

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Amendments (Textual)

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