Deprivation of Citizenship Orders (Effect during Appeal) Bill

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

This is not the latest version of the Bill

Available Versions

15 Jul 2025
Lords: Committee
HL Bill 127 (as brought from the Commons)
(0 amendments)
19 Jun 2025
Commons: Committee
Bill 268 2024-25 (as introduced)
(2 amendments)

Relevant Documents

Bill PDF
Bill 268 2024-25 (as introduced)
Latest Amendments
Committee of the whole House Proceedings as at 14 July 2025
Explanatory Note
Bill 268 EN 2024-25

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Proposed New Clauses

Page 1

"Deprivation of citizenship order to continue to have effect during appeal"

Source Bill 268 EN 2024-25

13. Subsection (1) inserts new subsections 2B, 2C and 2D into section 40A of the 1981 Act. New subsection 2B provides that, where a deprivation order is made under section 40 and the person has appealed the decision to make a deprivation order, the deprivation order continues to have effect during the "appeal period". New subsection 2C defines the appeal period for the purpose of subsection 2B. New subsection 2D sets out when an appeal is finally determined for the purpose of new subsection 2C.

14. Subsection (2) provides that subsection (1) will apply to an appeal brought before, but not determined before, subsection (1) comes into force and is therefore retrospective in nature.
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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
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(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—
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(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
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(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
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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.
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Page 2

"Extent, commencement and short title"

Source Bill 268 EN 2024-25

15. Subsections (1) and (2) set out the extent of the Bill.

16. Subsection (3) explains when the provisions of the Bill will come into force.

17. Subsection (4) establishes the short title of the Bill as the Deprivation of Citizenship Orders (Effect during Appeal) Act 2025.
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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.
5
 
(4)
This Act may be cited as the Deprivation of Citizenship Orders (Effect during
 
 
Appeal) Act 2025.
 
Amendments
Amendment 1

Tabled: 08 Jul 2025
Notices of Amendments as at 8 July 2025

This amendment was WITHDRAWN AFTER DEBATE

Clause 1, page 1, line 9, at end insert— "(2BA) But a judge may determine that an order does not continue to have effect for a person "P" during the appeal period if, on granting leave to appeal at any stage, they are satisfied that— (a) "P" faces a real and substantial threat of serious harm as a result of the order, (b) continuation of the order would significantly prejudice their ability to mount an effective defence at a subsequent appeal, or (c) the duration of the appeal process has been excessive because of an act or omission by a public authority."

Type: Backbencher

Signatures: 4

Kit Malthouse (Con - North West Hampshire) - 08 Jul 2025
Ben Maguire (LD - North Cornwall) - 11 Jul 2025
Liberal Democrat Shadow Attorney General

Anna Sabine (LD - Frome and East Somerset) - 11 Jul 2025
Charlie Maynard (LD - Witney) - 11 Jul 2025
Amendment NC1

Tabled: 09 Jul 2025
Notices of Amendments as at 9 July 2025

This amendment was NOT CALLED

To move the following Clause— "Independent review (1) The Secretary of State must, within one year of the passing of this Act, commission an independent review of the effects of the changes made to section 40A of the British Nationality Act 1981 by section 1. (2) The review must be completed within two years of the passing of this Act. (3) As soon as practicable after a person has carried out the review, 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. (4) The Secretary of State must lay before each House of Parliament a copy of the report sent under subsection (3)(b) within one month of receiving the report."

Type: Backbencher

Signatures: 2

Lisa Smart (LD - Hazel Grove) - 09 Jul 2025
Liberal Democrat Spokesperson (Home Affairs)

Charlie Maynard (LD - Witney) - 11 Jul 2025