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British Nationality Act 1981, SCHEDULE 7 is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Section 52(6).
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X1The text of Sch. 7 is in the form in which it was originally enacted: it was not wholly reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to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.
[F1In section 3, the words from “That after the said limitation shall take effect” to “in trust for him” (which impose certain disqualifications) shall not apply to Commonwealth citizens or citizens of the Republic of Ireland.]
Textual Amendments
F1Sch. 7: entry relating to Act of Settlement repealed (1.1.2007 for E.W.S. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 18(7), 74(2), 77, Sch. 2; S.I. 2006/3412, art. 3, Sch. 1 para.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) (which repeal applies only so far as the modification relates to membership of the House of Commons, or anything from which a person is disqualified by virtue of a disqualification from membership of that House, by virtue of Constitutional Reform and Governance Act 2010 (c. 25), ss. 47, 52)
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 ”.
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 ”.
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.”.
1U.K.In 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—
“(i)section 3 of the British Nationality Act 1948 ;”
2U.K.For section 7(2) (interpretation of references to protectorates etc. by reference to the 1948 Act) substitute—
“(2)In this Act “the United Kingdom” includes the Channel Islands and the Isle of Man.”
Textual Amendments
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 ”.]
Textual Amendments
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 ”.]
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. ”.
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 ”.
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).”.
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 ”.
Marginal Citations
1U.K.In 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 ”.
Textual Amendments
F4Words in Sch. 7 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(b)
2U.K.In Schedule 3 (modifications of British Nationality Acts)—
(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 ”.
Textual Amendments
F5Words in Sch. 7 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s.1(1)(b)
F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
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)
F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F7Sch. 7: entry repealed (1.11.1995) by 1994 c. 15, s. 33, Sch. ; S.I. 1995/2748, art. 2
. . . F8.
Textual Amendments
F8Entry repealed by Extradition Act 1989 (c. 33, SIF 48), s. 37, Sch. 2
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).”
Textual Amendments
F9Words in Sch. 7 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(b)
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 ”.
. . . F10.
Textual Amendments
F10Entry repealed by Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1), ss. 843, 844, Sch. 31
1U.K.In section 70(3) (meaning of “British seamen” in section 70), for “the British Nationality Act 1948” substitute “ the British Nationality Act 1981 ”.
2U.K.In 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 ”.
. . . F11
Textual Amendments
F11Entry repealed by Aviation Security Act 1982 (c. 36, SIF 9), s. 40, Sch. 3
. . . F12
Textual Amendments
F12Entry repealed by Civil Aviation Act 1982 (c. 16, SIF 9), s. 109, Sch. 16
. . . F13
Textual Amendments
F13Entry repealed by Aviation Security Act 1982 (c. 36, SIF 9), s. 40, Sch. 3
1U.K.In Part II of Schedule 1 (adoption orders)—
(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. ”.
Textual Amendments
F14Words in Sch. 7 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(a)
2U.K.In Schedule 2 (status conferred in Scotland by adoption)—
(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. ”.
Textual Amendments
F15Words in Sch. 7 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(a)
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. ”.
Textual Amendments
F16Words in Sch. 7 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(a)
F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
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)
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) ”.
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. ”.
Textual Amendments
F18Words in Sch. 7 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(a)
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 ”.
Marginal Citations
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)”.
Textual Amendments
F19Words in Sch. 7 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(b)
1U.K.In section 1 (prohibition of unlicensed deep sea mining)—
(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).”
Textual Amendments
F20Words in Sch. 7 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(b)
2U.K.In 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 ”.
Textual Amendments
F21Words in Sch. 7 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(b)
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