EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Home Office, have been ordered to be published as —EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Lord Hanson of Flint has made the following statement under section 19(1)(a) of the Human Rights Act 1998:

In my view the provisions of the are compatible with the Convention rights.

 [] CONTENTS 1Deprivation of citizenship order to continue to have effect during appeal 2Extent, commencement and short title []

A

bill

to

Make provision about the effect, during an appeal, of an order under section 40 of the British Nationality Act 1981.

Be it enacted by the King’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:—
1 Deprivation of citizenship order to continue to have effect during appeal (1)

In section 40A of the British Nationality Act 1981 (deprivation of citizenship: appeals), after subsection (2A) insert— (2B)

Where—

(a)

an order under section 40 is made in respect of a person, and

 (b)

the person appeals against the decision to make the order (under this section or under section 2B of the Special Immigration Appeals Commission Act 1997),

the order continues to have effect during the appeal period.

 (2C)

The appeal period is the period—

 (a)

beginning with—

 (i)

the day on which the person appeals against the decision, or

 (ii)

if the order is made after that day, the day on which the order is made, and

 (b)

ending with the day on which the appeal is finally determined, withdrawn or abandoned.

 (2D)

For the purposes of subsection (2C) an appeal is not finally determined until the decision on the appeal, or on any further appeal, may not be overturned on a further appeal (ignoring the possibility of an appeal out of time with permission).

(2)

The reference to an appeal in section 40A(2B)(b) of the British Nationality Act 1981 (as inserted by subsection (1)) includes an appeal brought (but not finally determined, withdrawn or abandoned) before the day on which this Act is passed.
2 Extent, commencement and short title (1)

This Act extends to England and Wales, Scotland and Northern Ireland.

 (2)

This Act also extends to the Channel Islands, the Isle of Man and the British overseas territories.

 (3)

This Act comes into force on the day on which it is passed.

 (4)

This Act may be cited as the Deprivation of Citizenship Orders (Effect during Appeal) Act 2025.
[]

Brought from the Commons on 15th July 2025

Ordered to be Printed, 15th July 2025.

© Parliamentary copyright House of Commons and House of Lords

This publication may be reproduced under the terms of the Open Parliament Licence, which is published at www.parliament.uk/site-information/copyright

Published by the authority of the House of Lords