Deprivation of Citizenship Orders (Effect during Appeal) Act 2025

2025 Chapter 25

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

Enacted [27th October 2025]

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:—

^I11 Deprivation of citizenship order to continue to have effect during appeal¶

Amends British Nationality Act 1981 · 3 insertions

40A Deprivation of citizenship: appeal

subsections (1) – (2A) unchanged

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b ending with the day on which the appeal is finally determined, withdrawn or abandoned.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

remaining subsections unchanged

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b ending with the day on which the appeal is finally determined, withdrawn or abandoned.

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British Nationality Act 1981 (as inserted by subsection (1)) includes an appeal brought (but not finally determined, withdrawn or abandoned) before the day on which this Act is passed.

^I22 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.

Footnotes

I1
S. 1 in force at Royal Assent, see s. 2(3)
I2
S. 2 in force at Royal Assent, see s. 2(3)