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10.—(1) Where it is proposed to make an order under section 40 of the Act(1)depriving a person of a citizenship status, the notice required by section 40(5) of the Act to be given to that person may be given—
(a) in a case where that person’s whereabouts are known, by causing the notice to be delivered to him personally or by sending it to him by post;
(b)in a case where that person’s whereabouts are not known, by sending it by post in a letter addressed to him at his last known address.
(2) If a notice required by section 40(5) of the Act is given to a person appearing to the Secretary of State or, as appropriate, the Governor or Lieutenant-Governor to represent the person to whom notice under section 40(5) is intended to be given, it shall be deemed to have been given to that person.
(3) A notice required to be given by section 40(5) of the Act shall, unless the contrary is proved, be deemed to have been given—
(a)where the notice is sent by post from and to a place within the United Kingdom, on the second day after it was sent;
(b)where the notice is sent by post from or to a place outside the United Kingdom, on the twenty-eighth day after it was sent, and
(c)in any other case on the day on which the notice was delivered.
Section 40 is amended by section 4 of the Nationality, Immigration and Asylum Act 2002 (c. 41).
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