The British Nationality (General) (Amendment) Regulations 2018

Service of a notice of proposed deprivation of citizenship

3.  For regulation 10 of the 2003 Regulations substitute—

“10.— (1) Where it is proposed to make an order under section 40 of the Act depriving a person of a citizenship status, the notice required by section 40(5) of the Act to be given to the person may be—

(a) given to the person by hand;

(b) sent by fax;

(c) sent by email;

(d) sent by courier;

(e) sent by document exchange;

(f) sent by post, whether or not delivery or receipt is recorded; or

(g) sent by any of the means set out at (b) to (f) to—

(i) the person’s representative; or

(ii) if the person is under 18, their parent or guardian.

(2) Where the notice is sent under paragraph (1)(b), it must be sent to a number provided by the person or the person’s representative.

(3) Where the notice is sent under any one or more of paragraphs (1)(c) to (g), it must be sent—

(a) to the address for correspondence provided by the person or the person’s representative; or

(b) where no such address has been provided, the person’s last known address or the address of their representative.

(4) Where—

(a) the person’s whereabouts are not known; and

(b) either—

(i) no address has been provided for correspondence and the Secretary of State does not know of any address which the person has used in the past; or

(ii) the address provided to the Secretary of State is defective, false or no longer in use by the person; and

(c) no representative appears to be acting for the person or the address provided in respect of that representative is defective, false or no longer used by the representative,

the notice shall be deemed to have been given when the Secretary of State enters a record of the above circumstances and places the notice or a copy of it on the person’s file.

(5) A notice required to be given by section 40(5) of the Act is, unless the contrary is proved, deemed to have been given—

(a) where the notice is sent by fax, when it is sent;

(b) where the notice is sent by email, when it is sent;

(c) where the notice is sent by document exchange, on the day after the day on which it is sent;

(d) where the notice is sent by post from and to a place within the United Kingdom, on the second day after the day on which it is sent;

(e) where the notice is sent by post from or to a place outside the United Kingdom, on the twenty-eighth day after the day on which it is sent;

(f) where the notice is sent by post where delivery or receipt is recorded, when the notice is recorded as having been delivered or received;

(g) in any other case on the day on which the notice is delivered.

(6) In this regulation “representative” is a person who appears to the Secretary of State to be representing the person to whom the notice under section 40(5) of the Act is required to be given, and, where the notice is sent to the person’s representative by any of the means set out in paragraph (1), it is deemed to have been served on the person in accordance with that section.

(7) In this regulation—

“document exchange” means a document exchange providing a system of delivery of documents by reference to numbered boxes at document exchanges; and

“fax” means the making of a facsimile copy of a document by the transmission of electronic signals.”.