Section 40B: Review of power under section 40(4A), British Nationality Act 1981

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—

the initial one year period;

each subsequent three year period.

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).

A review must be completed as soon as practicable after the end of the period to which the review relates.

As soon as practicable after a person has carried out a review in relation to a particular period, the person must—

produce a report of the outcome of the review, and

send a copy of the report to the Secretary of State.

The Secretary of State must lay before each House of Parliament a copy of each report sent under subsection (4)(b).

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.

The Secretary of State may—

make such payments as the Secretary of State thinks appropriate in connection with the carrying out of a review, and

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).

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—
(a)the initial one year period, or
(b)the most recent subsequent three year period.

Section 40B: Review of power under section 40(4A)

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