PART 6

Miscellaneous

Citizenship

Deprivation if conduct seriously prejudicial to vital interests of the UK
66
1
In section 40 of the British Nationality Act 1981 (deprivation of citizenship), after subsection (4) insert—
4A
But that does not prevent the Secretary of State from making an order under subsection (2) to deprive a person of a citizenship status if—
a
the citizenship status results from the person's naturalisation,
b
the Secretary of State is satisfied that the deprivation is conducive to the public good because the person, while having that citizenship status, has conducted him or herself in a manner which is seriously prejudicial to the vital interests of the United Kingdom, any of the Islands, or any British overseas territory, and
c
the Secretary of State has reasonable grounds for believing that the person is able, under the law of a country or territory outside the United Kingdom, to become a national of such a country or territory.
2
In deciding whether to make an order under subsection (2) of section 40 of the British Nationality Act 1981 in a case which falls within subsection (4A) of that Act, the Secretary of State may take account of the manner in which a person conducted him or herself before this section came into force.
3
After section 40A of the British Nationality Act 1981 insert—

Review of power under section 40(4A)
40B
1
The Secretary of State must arrange for a review of the operation of the relevant deprivation power to be carried out in relation to each of the following periods—
a
the initial one year period;
b
each subsequent three year period.
2
The “relevant deprivation power” is the power to make orders under section 40(2) to deprive persons of a citizenship status in the circumstances set out in section 40(4A).
3
A review must be completed as soon as practicable after the end of the period to which the review relates.
4
As soon as practicable after a person has carried out a review in relation to a particular period, the person must—
a
produce a report of the outcome of the review, and
b
send a copy of the report to the Secretary of State.
5
The Secretary of State must lay before each House of Parliament a copy of each report sent under subsection (4)(b).
6
The Secretary of State may, after consultation with the person who produced the report, exclude a part of the report from the copy laid before Parliament if the Secretary of State is of the opinion that it would be contrary to the public interest or prejudicial to national security for that part of the report to be made public.
7
The Secretary of State may—
a
make such payments as the Secretary of State thinks appropriate in connection with the carrying out of a review, and
b
make such other arrangements as the Secretary of State thinks appropriate in connection with the carrying out of a review (including arrangements for the provision of staff, other resources and facilities).
8
In this section—
- “initial one year period” means the period of one year beginning with the day when section 40(4A) comes into force;
- “subsequent three year period” means a period of three years beginning with the first day after the most recent of—
  1. the initial one year period, or
  2. the most recent subsequent three year period.
S. 66 in force at 28.7.2014 by S.I. 2014/1820, art. 3(t)