British Nationality Act 1981

Type Public General Act
Publication 1981-10-30
Last updated 2025-12-02
State In force
Department Statute Law Database
articles Not indexed
Reform history JSON API
240

Act partly in force at Royal Assent, see s. 53(2)(3); Act wholly in force at 1.1.1983, see S.I. 1982/933

241

Act modified: (18.7.1996) by 1996 c. 41, s. 2(1); (19.3.1997) by 1997 c. 20, s. 2(1)

242

Act applied (19.3.1997) by 1997 c. 20, s. 1(8)

243

Act amended (2.10.2000) by S.I. 2000/2326, art. 8

244

S. 1(1) explained by S.I. 1972/1613, art. 6 (as inserted by S.I. 1982/1649, art. 3)

245

S. 1(5)(5A) substituted (1.6.2003) for s. 1(5) by 1999 c. 18, ss. 7(1), 18(3); S.I. 2003/362, art. 2(a)

246

Words in s. 1(6) inserted (1.6.2003) by 1999 c. 18, ss. 7(2), 18(3); S.I. 2003/362, art. 2(a)

247

By S.I. 1986/948, art. 7(2) it is provided that s. 4(1) shall have effect as if after the words “British Dependent Territories citizen,” there were inserted the words “a British National (Overseas),”

251

S. 12 extended by S.I. 1986/948, art. 7(10)

252

S. 12 extended by S.I. 1986/948, art. 7(10)

254

Pt. II (ss. 15–25) excluded by S.I. 1983/882, art. 2(3)

259

Pt. V (ss. 36–53) extended by S.I. 1983/882, art. 3(5)

261

S. 37 modified (19.3.1997) by 1997 c. 20, s. 2(3)

262

S. 37 amended (18.7.1996) by 1996 c. 41, s. 2(2)

263

S. 37(1)(a) amended by S.I. 1986/948, art. 7(3)(a)

265

By S.I. 1986/948, art. 7(3)(b) it is provided that s. 37 shall have effect as if in subsection (1)(a) after the words “British Dependent Territories citizen,” there were inserted the words “a British National (Overseas),”

266

The text of s. 39(1)-(7) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

267
274
275

S. 40 modified (19.3.1997) by 1997 c. 20, s. 2(3)

276

S. 40 amended (18.7.1996) by 1996 c. 41, s. 2(2)

277
278
279

S. 41 amended by S.I. 1986/948, art. 7(4)(a)

280

S. 41 modified (19.3.1997) by 1997 c. 20, s. 2(3)

281

S. 41 amended (18.7.1996) by 1996 c. 41, s. 2(2)

282

By S.I. 1986/948, art. 7(4)(b) it is provided that s. 41 shall have effect as if in subsection (1)(f) after the word “citizenship” there were inserted the words “or of the status of a British National (Overseas)”

288

S. 42 modified (19.3.1997) by 1997 c. 20, s. 2(3)

289

S. 42 amended (18.7.1996) by 1996 c. 41, s. 2(2)

291

By S.I. 1986/948, art. 7(6)(b) it is provided that s. 43 shall have effect as if in subsection (1)(b) at the end there were inserted the words “and in cases concerning British Nationals (Overseas) or the status of a British National (Overseas)”

292

By S.I. 1986/948, art. 7(6)(c) it is provided that s. 43 shall have effect as if in sub-section (2) at the end there were inserted paragraph (c)

295

S. 44(1)(2) amended (18.7.1996) by 1996 c. 41, s. 2(2)

296

S. 45 amended by S.I. 1986/948, art. 7(7)(a) S. 45 amended (18.7.1996) by 1996 c. 41, s. 2(2)

299

S. 45 modified (19.3.1997) by 1997 c. 20, s. 2(3)

302

S. 46 modified (19.3.1997) by 1997 c. 20, s. 2(3)

303
307
308

S. 47 modified (19.3.1997) by 1997 c. 20, s. 2(3)

312

S. 48 modified (19.3.1997) by 1997 c. 20, s. 2(3)

315

S. 50 applied by S.I. 1986/948, art. 1(4)

316

S. 50 applied (21.7.1993) by S.I. 1993/1795, art. 1(4).

317

S. 50 modified (19.3.1997) by 1997 c. 20, s. 2(3)

318

S. 50 amended (18.7.1996) by 1996 c. 41, s. 2(2)

319

By S.I. 1986/948, art. 7(8) it is provided that s. 50 shall have effect as if in para. (1) after the definition of “association” there were inserted the definitions of “British National (Overseas)” and “British Overseas citizen”

321

S. 50: words in definition of “Crown service under the government of the United Kingdom” inserted (6.5.1999) by S.I. 1999/1042, art. 3, Sch. 1 Pt. I para. 10

330

S. 51(3) modified (19.3.1997) by 1997 c. 20, s. 2(3)

331

S. 51(3) amended (18.7.1996) by 1996 c. 41, s. 2(2)

333

By S.I. 1986/948, art. 7(9)(a) it is provided that s. 51 shall have effect as if in subsection (3) at the end of para. (a)(ii) there were inserted the words “or who under the Hong Kong (British Nationality) Order 1986 is a British National (Overseas)”

334

By S.I. 1986/948, art. 7(9)(b) it is provided that s. 51 shall have effect as if in subsection (3) in para. (b) after the words “British Dependent Territories citizen” there were inserted the words “nor a British National (Overseas)”

337

The text of s. 52(6)(8) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

339

Power of appointment under s. 53(2) fully exercised: 1.1.1983 appointed by S.I. 1982/933

341

S. 53(6) repealed (8.11.1995) by 1995 c. 44, s. 1, Sch. 1 Pt.II

342

Words in s. 53(7) repealed (8.11.1995) by 1995 c. 44, s. 1, Sch. 1 Pt.II

346

Words substituted by S.I. 1986/596, art. 8

351

"Brunei" inserted by S.I. 1983/1699, arts. 1(2), 3

352

Words in Sch. 3 inserted (25.1.1999) by S.I. 1998/3161, art. 2

353

By S.I. 1989/1331, art. 2, it is provided that the Act shall have effect as if in Sch. 3 under the word “Nigeria” there were inserted the word “Pakistan”

354

"Saint Christopher and Nevis" inserted by S.I. 1983/882, art. 2(a)

355

Words in Sch. 3 inserted (26.7.1994) by S.I. 1994/1634, art. 2

356

"Namibia" inserted by S.I. 1990/1502, art. 2

357

The text of Sch. 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

359

Words in Sch. 6 repealed (4.12.2001) by S.I. 2001/3497, art. 2(a)

360

By S.I. 1986/948, art. 5, it is provided that on and after 1.7.1997 the British Nationality Act 1981 shall have effect as if in Sch. 6 to that Act the words “Hong Kong” were omitted.

361

Words in Sch. 6 repealed by S.I. 1983/882, art. 2(b)

362

Words in Sch. 6 inserted (4.12.2001) by S.I. 2001/3497, art. 2(b)

364

The 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.

365

Sch. 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

366

Sch. 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

368

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

378

The text of Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

394
398

Words in s. 40A(3) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 25(a); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

399

S. 41(1)(bza) inserted (28.7.2014) by Immigration Act 2014 (c. 22), ss. 10(2), 75(3); S.I. 2014/1820, art. 3(i)

405

S. 40B inserted (28.7.2014) by Immigration Act 2014 (c. 22), ss. 66(3), 75(3); S.I. 2014/1820, art. 3(t) as amended by SI 2014/2771 art 14

408

S. 40(4A) inserted (28.7.2014) by Immigration Act 2014 (c. 22), ss. 66(1), 75(3); S.I. 2014/1820, art. 3(t) as amended by SI 2014/2771 art 14

409

Sch. 1 para. 6 renumbered as Sch. 1 para. 6(1) (28.6.2022) by Nationality and Borders Act 2022 (c. 36), s. 87(1), Sch. 1 para. 3(4)(a); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 8 (with Sch. 2 para. 3)

418
430

S. 41(8) inserted (27.10.2014 for specified purposes) by Borders, Citizenship and Immigration Act 2009 (c. 11), ss. 41(5), 58(2); S.I. 2014/2634, art. 2(a)

434

Word in Sch. 3 inserted (10.3.2010) by British Nationality (Rwanda) Order 2010 (S.I. 2010/246), arts. 1, 2

435

Words in Sch. 2 para. 3 cross-heading inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 11(2), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 9

436

Ss. 4E-4J inserted (6.4.2015) by Immigration Act 2014 (c. 22), ss. 65, 75(3); S.I. 2015/371, art. 4(b)

437
438

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