British Nationality Act 1958

JurisdictionUK Non-devolved
Citation1958 c. 10
Year1958


British Nationality Act, 1958

(6 & 7 Eliz. 2) CHAPTER 10

An Act to amend the British Nationality Act, 1948, by making provision in relation to the Federation of Rhodesia and Nyasaland and to Ghana, by extending the provisions for registering persons as citizens of the United Kingdom and Colonies, by extending and providing for the discharge of the functions in Commonwealth countries of High Commissioners for Her Majesty's Government in the United Kingdom, and for purposes connected therewith.

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows—

S-1 Position of Federation of Rhodesia and Nyasaland and its component territories.

1 Position of Federation of Rhodesia and Nyasaland and its component territories.

(1) Subject to the following provisions of this section—

(a ) the Federation of Rhodesia and Nyasaland shall be substituted for Southern Rhodesia in subsection (3) of section one of the principal Act (which lists Commonwealth countries with separate citizenship from that of the United Kingdom and Colonies);

(b ) the protectorates of Northern Rhodesia and Nyasaland shall be excepted from the operation of any reference in the principal Act to a protectorate.

(2) Paragraph (a ) of subsection (1) of this section shall not extend the meaning of the term ‘colony’ in the principal Act to include Southern Rhodesia.

(3) Paragraph (b ) of subsection (1) of this section shall not affect the meaning of the term ‘British protected person’ or ‘Crown service under Her Majesty's government in the United Kingdom’ in the principal Act, or affect the operation of subsection (1) of section thirty of the principal Act (which enables Orders in Council to be made as respects protectorates and protected states and on which the meaning of the term ‘protectorate’ partly depends); nor shall that paragraph be taken as applying to references to a protectorate in any enactment or document in which the meaning of the term depends on its meaning in the principal Act.

(4) Nothing in this section shall affect any provision of the principal Act in so far as it operates with reference to a state of affairs existing before the coming into operation of this section.

(5) This section shall come into operation on such date as the Secretary of State may appoint by order made by statutory instrument at the request of the government of the Federation of Rhodesia and Nyasaland.

S-2 Certain citizens of Ghana to cease to be citizens of the United Kingdom and Colonies.

2 Certain citizens of Ghana to cease to be citizens of the United Kingdom and Colonies.

(1) Subject to the provisions of this section, any person who is a citizen of the United Kingdom and Colonies immediately before the date on which this section comes into operation shall on that date cease to be a citizen of the United Kingdom and Colonies if—

(a ) he is then a citizen of Ghana; and

(b ) he, his father or his father's father was born in Ghana.

(2) Subject to subsection (7) of this section, a person shall not cease to be a citizen of the United Kingdom and Colonies under this section if he, his father or his father's father—

(a ) was born in the United Kingdom or in a colony; or

(b ) is or was a person naturalised in the United Kingdom and Colonies; or

(c ) was registered as a citizen of the United Kingdom and Colonies; or

(d ) became a British subject by reason of the annexation of any territory included in a colony.

(3) A person shall not cease to be a citizen of the United Kingdom and Colonies under this section if he was born in a protectorate, protected state or United Kingdom trust territory, or if his father or his father's father was so born and is or at any time was a British subject.

(4) A woman who is the wife of a citizen of the United Kingdom and Colonies shall not cease to be a citizen of the United Kingdom and Colonies under this section unless her husband does so.

(5) Subsection (2) of section six of the principal Act (which provides for the registration as a citizen of the United Kingdom and Colonies of a woman who has been married to such a citizen) shall not apply to a woman by virtue of her marriage to a person who ceases to be a citizen of the United Kingdom and Colonies under this...

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