{
  "url": "https://openlegislation.uk/draft-special-immigration-appeals-commission-procedure-amendment-rules-2023/note",
  "json_url": "https://openlegislation.uk/draft-special-immigration-appeals-commission-procedure-amendment-rules-2023/note.json",
  "legislation": "ukdsi/2023/9780348244359",
  "legislation_title": "The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2023",
  "legislation_url": "https://openlegislation.uk/draft-special-immigration-appeals-commission-procedure-amendment-rules-2023",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Rules)\nThese Rules—\n(a) supplement sections 10(4) (and Schedule 2) of the Nationality and Borders Act 2022 (c. 36), and\n(b) implement sections 19(2) (so far as it inserts subsection (1B) into section 8 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19)) and 22(6) of the Nationality and Borders Act 2022.\nSection 10(4) of, and Schedule 2 to, the Nationality and Borders Act 2022 insert a new Schedule 4A into the British Nationality Act 1981 (c. 61) to provide for a process of judicial oversight by the Special Immigration Appeals Commission in cases where a decision to deprive a person of British citizenship has been made without giving them a notice of the decision.\nPart 2 of these Rules supplements the new Schedule 4A by amending the Special Immigration Appeals Commission (Procedure) Rules 2003 to establish the rules of practice and procedure governing the Commission’s judicial oversight.\nSection 19(2) of the Nationality and Borders Act 2022 inserts new subsection (1B) into section 8 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 to provide that rules under section 5 of the Special Immigration Appeals Commission Act 1997 (c. 68) must secure that, where the deciding authority is the Special Immigration Appeals Commission, it must include, as part of its reasons for a decision that determines proceedings, a statement explaining—\n(a) whether it considers that the claimant has engaged in behaviour to which section 8 applies, and\n(b) if it considers that the claimant has engaged in such behaviour, how it has taken account of the behaviour in making its decision.\nPart 3 of these Rules implements new subsection (1B) in section 8 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 by amending rule 47 of the Special Immigration Appeals Commission (Procedure) Rules 2003.\nSection 22(6) of the Nationality and Borders Act 2022 provides that rules under section 5 of the Special Immigration Appeals Commission Act 1997 must secure that, where the Special Immigration Appeals Commission is making a decision that determines proceedings, it must include, as part of its reasons for the decision, a statement explaining—\n(a) whether it considers that section 22 applies, and\n(b) if it considers that section 22 does apply, how, in making its decision, it has taken account of the fact that the priority removal notice recipient provided the material late.\nPart 4 of these Rules implements section 22(6) by amending rule 47 of the Special Immigration Appeals Commission (Procedure) Rules 2003.\nA 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.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2023/9780348244359/note",
    "retrieved_at": "2026-10-30T14:43:50.449485+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}