The Nationality and Borders Act 2022 (Consequential Amendments) (No. 2) Regulations 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Special Immigration Appeals Commission Act 1997 (“the 1997 Act”). These amendments are consequential on the commencement of section 10(2) to (5) of and Schedule 2 to the Nationality and Borders Act 2022, which enables the Secretary of State to deprive an individual of their British citizenship without prior notice subject to certain conditions. In such cases, the Secretary of State must apply to the Special Immigration Appeals Commission (“the Commission”) prior to making the deprivation order without notice or, alternatively, the Secretary of State must apply to the Commission within seven days of making the deprivation order without notice. The Commission is required to determine whether, in respect of each condition on which the Secretary of State relies in order to disapply the notice requirement, the Secretary of State’s view is obviously flawed.

Regulation 2(2) amends section 1(1) of the 1997 Act to refer to the jurisdiction conferred on the Commission by Schedule 4A to the British Nationality Act 1981, which was inserted by Schedule 2 to the Nationality and Borders Act 2022.

Regulation 2(3) inserts new section 6B into the 1997 Act, which will empower the Lord Chancellor to make rules prescribing the procedure to be followed in relation to applications under paragraph 1(1), (2) or (6) or paragraph 2(5) of Schedule 4A to the British Nationality Act 1981.

Regulation 2(4) amends section 7 of the 1997 Act by inserting new subsection (1B), which provides that the Secretary of State may appeal the Commission’s final determination of such applications.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.