Part 1: Nationality Chapter 1: British Overseas Territories citizenship Powers of the Secretary of State relating to citizenship etc. Section 10 – Notice of a decision to Deprive a person of British Citizenship
Overview: This section amends section 40 of the British Nationality Act 1981 ("the 1981 Act") to allow a decision to deprive a person of British citizenship to be made in the absence of contact with the person and to ensure that the associated deprivation order is valid. This section also ensures that any deprivation order made before subsections (2) to (4) of section 10 come into force remains valid where the person was not notified of the decision to deprive in accordance with section 40(5) of the 1981 Act. This section also confirms that those affected by the new provisions still have a right of appeal against the decision to deprive them of citizenship. This is necessary following the High Court judgment in D4 v Secretary of State for the Home Department [2021] EWHC 2179 in relation to regulation 10(4) of the British Nationality (General) Regulations 2003 (S.I. 2003/548). Regulation 10(4) provides that notice of a deprivation decision is deemed to have been given in certain circumstances when it is placed on a person’s Home Office file. The judgment found regulation 10(4) to be ultra vires s.40(5) and s.41(1) of the 1981 Act and therefore void and of no effect. As a consequence, the Court declared the deprivation order made in that case to be null and void.
	Background: The aim of this section is to provide a means of depriving a person of their British citizenship where it is not possible to give, or there are reasons for not giving, prior notice of the deprivation decision, as specified in subsection (2). This is necessary to ensure that deprivation powers can be used effectively in all appropriate circumstances including, for example, where a person is no longer contactable by the Home Office. The aim of section 10 is also to ensure that deprivation orders made before subsections (2) to (4) come into force remain valid and cannot be declared null and void. It might otherwise be possible for a person to effectively have their British citizenship reinstated and, if overseas, travel back to the UK. The implications of this would be significant, particularly in cases where a decision to deprive a person of citizenship has been made on the basis that the person poses a threat to national security.
	Subsection 1 defines "the 1981 Act" as meaning the British Nationality Act 1981.
	Subsection 2 inserts new sections 40(5A) to 40(5E) into the 1981 Act. New section 40(5A) disapplies the requirement to give notice of the decision to deprive, in specified circumstances. These specified circumstances are: where the Secretary of State does not have the information needed to be able to give notice and where the Secretary of State reasonably considers it necessary in the interests of: national security, the investigation or prosecution of organised or serious crime, preventing or reducing a risk to the safety of any person or the relationship between the UK and another country, that notice should not be given. New section 40(5B) clarifies that references to giving notice are to giving notice in accordance with whichever regulations are in force at the relevant time. New sections 40(5C) and 40(5D) create an obligation for the Secretary of State to give notice, under the same terms as in section 40(5), if a person in respect of whom a deprivation order has been made subsequently makes contact with the Home Office. New section 40(5E) inserts a new Schedule 4A in the 1981 Act which provides that the Special Immigration Appeals Commission considers decisions by the Secretary of State not to give notice of deprivation or late notice after a deprivation order has already been made.
	Subsection 3 inserts a new section 40A(1) into the 1981 Act. The effect of this amendment is to preserve the right of appeal in section 40A of the 1981 Act for those who are not given notice of a decision to deprive them of British citizenship under section 40(5). Subsection 3 also inserts a new subsection 2A into section 40A of the 1981 Act which clarifies that the timescales for lodging an appeal against a deprivation notice do not start until a notice is given.
	Subsection 4 inserts Schedule 2 of this Act into the 1981 Act as a new Schedule 4A.
	Subsection 5 removes regulation 10(4) of the British Nationality (General) Regulations 2003 (S.I. 2003/548) which provides that notice of a deprivation decision is deemed to have been given in certain circumstances when it is placed on the person’s Home Office file.
	Subsection 6 provides that a deprivation order made before subsections (2) to (5) come into force remains valid where the person was not notified of the decision to deprive in accordance with section 40(5).
	Subsection 7 defines the term "pre-commencement deprivation order" used in this section as an order made before subsections (2) to (5) of this section are commenced.
	Subsection 8 provides that a person has a right of appeal against a decision to deprive them of their citizenship where subsection (6) applies to the deprivation order made in relation to them.