PART V
1959 c. 72. 1960 c. 61.
1971 c. 77.
Deprivation of citizenship.
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British Nationality
5
(7) In section 90 of the Mental Health Act 1959 and section 82 of the Mental Health (Scotland) Act 1960 (removal of non- patrial in-patients to places outside the United Kingdom), for the words from "any patient" to " 1971 and (which were sub- stituted for “
any person being an alien ” by section 30(1) of the 5 Immigration Act 1971) there shall be substituted "any patient who is neither a British citizen nor a Commonwealth citizen having the right of abode in the United Kingdom by virtue of section 2(1)(b) of the Immigration Act 1971, being a patient".
(8) A certificate of patriality issued under the Immigration 1010 Act 1971 and in force immediately before commencement shall have effect after commencement as if it were a certificate of entitlement issued under that Act as amended by this section, unless at commencement the holder ceases to have the right of abode in the United Kingdom.
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40.—(1) Subject to the provisions of this section, the Secretary of State may by order deprive any British citizen to whom this subsection applies of his British citzenship if the Secretary of State is satisfied that the registration or certificate of natu- ralisation by virtue of which he is such a citizen was obtained 20 by means of fraud, false representation or the concealment of any material fact.
(2) Subsection (1) applies to any British citizen who-
(a) became a British citizen after commencement by virtue
of—
(i) his registration as a British citizen under any provision of this Act; or
(ii) a certificate of naturalisation granted to him under section 5; or
British Nationality
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(b) has, during any war in which Her Majesty was engaged, unlawfully traded or communicated with an enemy or been engaged in or associated with any business that was to his knowledge carried on in such a manner as to assist an enemy in that war; or
(c) has, within the period of five years from the relevant date, been sentenced in any country to imprisonment for a term of not less than twelve months.
within paragraph (a) or (c) of subsection (2); and in subsection (4) Subsection (3) applies to any British citizen who falls
(3) "the relevant date ", in relation to a British citizen to whom subsection (3) applies, means the date of the registration by virtue of which he is such a citizen or, as the case may be, the date of the grant of the certificate of naturalisation by virtue 15 of which he is such a citizen.
£20
25
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(b) being immediately before commencement a citizen of 30 € the United Kingdom and Colonies by virtue of regis- tration as such a citizen under any provision of the British Nationality Acts 1948 to 1964, became at commencement a British citizen; or
(c) at any time before commencement became a British 35
subject (within the meaning of that expression at that time), or a citizen of Eire or of the Republic of Ireland, by virtue of a certificate of naturalisation granted to him or in which his name was included.
(3) Subject to the provisions of this section, the Secretary 40 of State may by order deprive any British citizen to whom this subsection applies of his British citizenship if the Secretary of State is satisfied that that citizen-
(a) has shown himself by act or speech to be disloyal or
disaffected towards Her Majesty; or
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(5) The Secretary of State-
(a) shall not deprive a person of British citizenship under this section unless he is satisfied that it is not con- ducive to the public good that that person should continue to be a British citizen ; and
(b) shall not deprive a person of British citizenship under subsection (3) on the ground mentioned in paragraph (c) of that subsection if it appears to him that that person would thereupon become stateless.
(6) Before making an order under this section the Secretary of State shall give the person against whom the order is pro- posed to be made notice in writing informing him of the ground or grounds on which it is proposed to be made and of his right to an inquiry under this section.
(7) If the person against whom the order is proposed to be made applies in the prescribed manner for an inquiry, the Secretary of State shall, and in any other case the Secretary of State may, refer the case to a committee of inquiry consisting of a chairman, being a person possessing judicial experience, 35 appointed by the Secretary of State and of such other members
appointed by the Secretary of State as he thinks proper.
(8) The Secretary of State may make rules for the practice and procedure to be followed in connection with references under subsection (7) to a committee of inquiry; and such rules may, 40 in particular, provide for conferring on any such committee any powers, rights or privileges of any court, and for enabling any powers so conferred to be exercised by one or more members of the committee.
PART V