Search Legislation

British Nationality Act 1981

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Section 40

 Help about opening options

Version Superseded: 16/06/2006

Status:

Point in time view as at 01/04/2003. This version of this provision has been superseded. Help about Status

Changes to legislation:

British Nationality Act 1981, Section 40 is up to date with all changes known to be in force on or before 31 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

[F140 Deprivation of citizenship.U.K.

(1)In this section a reference to a person’s “citizenship status” is a reference to his status as—

(a)a British citizen,

(b)a British overseas territories citizen,

(c)a British Overseas citizen,

(d)a British National (Overseas),

(e)a British protected person, or

(f)a British subject.

(2)The Secretary of State may by order deprive a person of a citizenship status if the Secretary of State is satisfied that the person has done anything seriously prejudicial to the vital interests of—

(a)the United Kingdom, or

(b)a British overseas territory.

(3)The Secretary of State may by order deprive a person of a citizenship status which results from his registration or naturalisation if the Secretary of State is satisfied that the registration or naturalisation was obtained by means of—

(a)fraud,

(b)false representation, or

(c)concealment of a material fact.

(4)The Secretary of State may not make an order under subsection (2) if he is satisfied that the order would make a person stateless.

(5)Before making an order under this section in respect of a person the Secretary of State must give the person written notice specifying—

(a)that the Secretary of State has decided to make an order,

(b)the reasons for the order, and

(c)the person’s right of appeal under section 40A(1) or under section 2B of the Special Immigration Appeals Commission Act 1997 (c. 68).

(6)Where a person acquired a citizenship status by the operation of a law which applied to him because of his registration or naturalisation under an enactment having effect before commencement, the Secretary of State may by order deprive the person of the citizenship status if the Secretary of State is satisfied that the registration or naturalisation was obtained by means of—

(a)fraud,

(b)false representation, or

(c)concealment of a material fact.]

Textual Amendments

Modifications etc. (not altering text)

C3S. 40 amended (18.7.1996) by 1996 c. 41, s. 2(2)

C4S. 40 modified (19.3.1997) by 1997 c. 20, s. 2(3)

Back to top

Options/Help