British Nationality Act 1948
1 January 1949 | |
Other legislation | |
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Repeals/revokes |
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Repealed by | British Nationality Act 1981 |
Status: Partially repealed | |
Text of statute as originally enacted | |
Revised text of statute as amended |
The British Nationality Act 1948 (
The Act, which came into effect on 1 January 1949, was passed in consequence of the 1947 Commonwealth conference on nationality and citizenship, which had agreed that each of the Commonwealth member states would legislate for its own citizenship, distinct from the shared status of "Commonwealth citizen" (formerly known as "British subject").
The CUKC consolidated British citizenship by putting Britain's colonial subjects on equal footing with those living in the
It formed the basis of the United Kingdom's nationality law until the British Nationality Act 1981, which came into force in 1983. Most of its provisions have been repealed or otherwise superseded by subsequent legislation, though parts remain in force.
Background to the Act
Broadly speaking, nationals of the United Kingdom, the
The resulting legislation passed by the United Kingdom for itself and its colonies was the British Nationality Act 1948, which was introduced by a Labour government. It marked the first time that married British women gained independent nationality, regardless of the citizenship of their spouses.[3] Legislation passed in the other Commonwealth countries included Australia's Nationality and Citizenship Act 1948, New Zealand's British Nationality and New Zealand Citizenship Act 1948, and Southern Rhodesia's Southern Rhodesian Citizenship and British Nationality Act, 1949.
Provisions of the Act
The Act created the new status of "citizen of the United Kingdom and Colonies" (CUKC) for people born or
Despite the fact that the Channel Islands and the Isle of Man were neither part of the United Kingdom proper nor were colonies of it, article 33 of the Act provides that when the Act mentions colonies, it must be construed as including references to these Islands. Islanders were allowed, upon personal wish and not as a compulsory denomination, to be presented as "citizens of the United Kingdom, Islands and Colonies". This does not constitute a separate category of citizens but is merely a formal denomination.[4]
Reform of the Act, and subsequent Acts
Between 1962 and 1971, as a result of popular opposition to immigration by
Most of the 1948 Act was replaced by the British Nationality Act 1981 with effect from 1 January 1983.
The Act today
The only significant provision of the Act to survive today is section 3, which concerns the
As modified by section 51 of the British Nationality Act 1981, section 3 now restricts this jurisdiction to British citizens, British Overseas Territories citizens, British Overseas citizens and British Nationals (Overseas). Note, however, that section 3 is subject to any subsequent legislation to different effect, such as section 72 of the Sexual Offences Act 2003.
Furthermore, in spite of the fact that most of this Act has been repealed by the British Nationality Act 1981, the acquisition of new categories of British nationality created by the 1981 Act is often made dependent on one's nationality status prior to the effective date of the British Nationality Act 1981. This therefore means that many of the original provisions of the British Nationality Act 1948 are still relevant today.
See also
References
- short titlesomits the comma after the word "Act".
- ^ Randall Hansen, Citizenship and Immigration in Post-war Britain, 2000.
- JSTOR 3070746.
- ^ Legislation.gov.uk, Section 33 of the British Nationality Act 1948 as originally enacted.