What does 'under subsection' mean in the following clause?

Question

40. (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.

What does under subsection mean in this context?

Answer 1

under - in reference to, by the details specified, in that section

"under subsection (2)" means there is some rule in that subsection which allows this order to be made.

Answer 2

The Secretary of State is in public office. They are able to issue (binding) orders or rulings on matters brought to their attention.

But, they are required to state which legislation, section, sub-section, and clause (or more than one) they made such a ruling.

This is because the ruling can also be challenged (and potentially overturned), based on either the (incorrect) applicability of the section (sub-section or clause) or on more general guiding principles: greater public good, secrecy/privacy laws, precedence (past cases), or personal discretion (changing their mind).

Answer 3

Subsection 40(2) of the British Nationality Act reads:

40.-(2) The Secretary of State may by order deprive a person of a citizenship status if the Secretary of State is satisfied that deprivation is conducive to the public good.

So an order made under subsection (2) is one made using the power set out in this subsection.