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British Nationality Act 1981
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- UK Public General Acts
- 1981 c. 61
- Part V
- Section 46
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British Nationality Act 1981, Section 46 is up to date with all changes known to be in force on or before 26 April 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.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 46:
- s. 46(1) words substituted by 2003 c. 44 Sch. 26 para. 29
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 6(3) (4) inserted by 2009 c. 11 s. 40(2) (Amending provision prospectively repealed by 2022 c. 36, s. 9(3)(a))
- s. 41(1)(bc)-(be) inserted by 2009 c. 11 s. 41(2) (Amending provision prospectively repealed by 2022 c. 36, s. 9(3)(a))
- s. 41(1B) (1C) inserted by 2009 c. 11 s. 41(3) (Amending provision prospectively repealed by 2022 c. 36, s. 9(3)(a))
- Sch. 1 para. 2(1)(ba)(bb) inserted by 2009 c. 11 s. 39(5) (Amending provision prospectively repealed by 2022 c. 36, s. 9(3)(a))
- Sch. 1 para. 2(1)(ca) inserted by 2009 c. 11 s. 39(7) (Amending provision prospectively repealed by 2022 c. 36, s. 9(3)(a))
- Sch. 1 para. 2(5) inserted by 2009 c. 11 s. 39(10) (Amending provision prospectively repealed by 2022 c. 36, s. 9(3)(a))
- Sch. 1 para. 6(2)-(4) inserted by 2022 c. 36 Sch. 1 para. 3(4)(d)
- Sch. 1 para. 2(1)(c) repealed by 2009 c. 11 s. 39(6) Sch. Pt. 2 (Amending provision prospectively repealed by 2022 c. 36, s. 9(3)(a))
- Sch. 1 para. 2(1)(a) substituted by 2009 c. 11 s. 39(4) (Amending provision prospectively repealed by 2022 c. 36, s. 9(3)(a))
- Sch. 1 para. 2(2)-(4) substituted for Sch. 1 para. 2(2)(3) by 2009 c. 11 s. 39(9) (Amending provision prospectively repealed by 2022 c. 36, s. 9(3)(a))
- Sch. 1 para. 2(1)(d) word substituted by 2009 c. 11 s. 39(8)(a) (Amending provision prospectively repealed by 2022 c. 36, s. 9(3)(a))
- Sch. 1 para. 2(1)(d) words substituted by 2009 c. 11 s. 39(8)(b) (Amending provision prospectively repealed by 2022 c. 36, s. 9(3)(a))
46 Offences and proceedings.U.K.
(1)Any person who for the purpose of procuring anything to be done or not to be done under this Act—
(a)makes any statement which he knows to be false in a material particular; or
(b)recklessly makes any statement which is false in a material particular,
shall be liable on summary conviction in the United Kingdom to imprisonment for a term not exceeding three months or to a fine not exceeding [F1level 5 on the standard scale], or both.
(2)Any person who without reasonable excuse fails to comply with any requirement imposed on him by regulations made under this Act with respect to the delivering up of certificates of naturalisation shall be liable on summary conviction in the United Kingdom to a fine not exceeding [F1level 4 on the standard scale].
(3)In the case of an offence under subsection (1)—
(a)any information relating to the offence may in England and Wales be tried by a magistrates’ court if it is laid within six months after the commission of the offence, or if it is laid within three years after the commission of the offence and not more than two months after the date certified by a chief officer of police to be the date on which evidence sufficient to justify proceedings came to the notice of an officer of his police force; and
(b)summary proceedings for the offence may in Scotland be commenced within six months after the commission of the offence, or within three years after the commission of the offence and not more than two months after the date on which evidence sufficient in the opinion of the Lord Advocate to justify proceedings came to his knowledge; and
(c)a complaint charging the commission of the offence may in Northern Ireland be heard and determined by a magistrates’ court if it is made within six months after the commission of the offence, or if it is made within three years after the commission of the offence and not more than two months after the date certified by an officer of police not below the rank of assistant chief constable to be the date on which evidence sufficient to justify the proceedings came to the notice of the police in Northern Ireland.
(4)For the purposes of subsection (3)(b) proceedings shall be deemed to be commenced on the date on which a warrant to apprehend or to cite the accused is granted, if such warrant is executed without undue delay; and a certificate of the Lord Advocate as to the date on which such evidence as is mentioned in subsection (3)(b) came to his knowledge shall be conclusive evidence.
(5)For the purposes of the trial of a person for an offence under subsection (1) or (2), the offence shall be deemed to have been committed either at the place at which it actually was committed or at any place at which he may be.
(6)In their application to the Bailiwick of Jersey subsections (1) and (2) shall have effect with the omission of the words “on summary conviction”.
Textual Amendments
F1Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46, (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G and (N.I.) S.I. 1984/703 (N.I. 3), art. 5
Modifications etc. (not altering text)
C1Ss. 41, 42, 44–48 extended by British Nationality (Falkland Islands) Act 1983 (c. 6, SIF 87), s. 4(2)(a)–(f)
C2Ss. 40–42, 44–48, 50 extended by British Nationality (Hong Kong) Act 1990 (c. 34, SIF 87), s. 2(3)
C3S. 46 modified (19.3.1997) by 1997 c. 20, s. 2(3)
C4S. 46(1) amended by S.I. 1986/948, art. 7(7)(b)
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