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The Nationality, Immigration and Asylum Act 2002 (Commencement No. 6) Order 2003

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Statutory Instruments

2003 No. 3156 (C. 126)

IMMIGRATION

The Nationality, Immigration and Asylum Act 2002 (Commencement No. 6) Order 2003

Made

8th December 2003

The Secretary of State, in exercise of the powers conferred on him by section 162(1) and (6) of the Nationality, Immigration and Asylum Act 2002(1), hereby makes the following Order:

1.—(1) This Order may be cited as the Nationality, Immigration and Asylum Act 2002 (Commencement No. 6) Order 2003.

(2) In this Order—

“the 1981 Act” means the British Nationality Act 1981(2);

“the 2002 Act” means the Nationality, Immigration and Asylum Act 2002; and

“application” means an application for registration or naturalisation under any provision of the 1981 Act.

2.  The following provisions of the Nationality, Immigration and Asylum Act 2002 shall come into force on 1st January 2004:

(a)section 3 and Schedule 1; and

(b)section 14.

3.  The provisions commenced by this Order shall not have effect in relation to any application made before 1st January 2004; and any provision of the 1981 Act which is replaced or amended by those provisions, and any subordinate legislation which applies to such a provision of the 1981 Act, shall continue to have effect in relation to such an application as if the replacement or amendment had not been made.

4.  Section 50(8) of the 1981 Act (which makes provision for the date on which an application is made for the purposes of the Act) applies for the purposes of article 3 as it applies for the purposes of that Act.

Beverley Hughes

Minister of State

Home Office

8th December 2003

Explanatory Note

(This note is not part of the Order)

This Order brings into force further provisions of the Nationality, Immigration and Asylum Act 2002. Section 3 and Schedule 1, which make provision about citizenship ceremonies, oaths and pledges, are brought into force on 1st January 2004. Section 14, which makes provision in relation to Hong Kong, is also brought into force on 1st January 2004.

This Order also makes transitional provision. The provisions commenced by the Order will not have effect in relation to an application for registration or naturalisation made before 1st January 2004. Any provision of the British Nationality Act 1981 which is replaced or amended by those provisions, and any subordinate legislation which applies to it, shall continue to have effect in relation to such an application as if the replacement or amendment had not been made.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the Nationality, Immigration and Asylum Act 2002 have been brought into force on the dates shown by commencement orders before the date of this Order.

ProvisionDate of CommencementS.I. No.
Section 41st April 20032003/754
Sections 12 and 1330th April 20032003/754
Section 18 (in part)8th January 20032003/1
Section 18 (in part)10th February 20032003/1
Section 54 and Schedule 3 (in part)8th December 20022002/2811
Section 54 and Schedule 3 (so far as not already in force)8th January 20032002/2811
Section 558th January 20032002/2811
Section 578th December 20022002/2811
Section 6010th February 20032003/1
Sections 62 to 6610th February 20032003/1
Section 68 (in part)10th February 20032003/1
Section 68 (so far as not already in force)1st April 20032003/754
Section 7110th February 20032003/1
Section 72 (in part)10th February 20032003/1
Section 72 (so far as not already in force)1st April 20032003/754
Sections 73 to 7610th February 20032003/1
Sections 77 to 791st April 20032003/754
Section 80 (in part)8th December 20022002/2811
Section 80 (so far as not already in force)1st April 20032003/754
Sections 81 to 931st April 20032003/754
Section 94 (in part)10th February 20032003/249
Section 94 (so far as not already in force)1st April 20032003/754
Sections 95 to 1111st April 20032003/754
Sections 112 and 11310th February 20032003/249
Section 114 (1) and (2)1st April 20032003/754
Section 114(3) and Schedule 7 (in part)10th February 20032003/1
Sections 116 to 1181st April 20032003/754
Section 1198th January 20032002/2811
Section 1201st April 20032003/754
Sections 121 and 12210th February 20032003/1
Section 1231st April 20042003/754, amended by 2003/1339, amended by 2003/2993
Section 125 and Schedule 8 (in part)14th November 20022002/2811
Section 125 and Schedule 8 (in part)8th December 20022002/2811
Section 1261st April 20032003/754
Section 12810th February 20032003/1
Section 12930th July 20032003/1747
Section 1301st April 20032003/754
Sections 131 to 13310th February 20032003/1
Sections 134 to 13930th July 20032003/1747
Sections 140 and 1418th January 20032002/2811
Section 1421st April 20032003/754
Sections 143 to 14610th February 20032003/1
Section 147 (in part)1st April 20032003/754
Sections 148 to 15110th February 20032003/1
Sections 152 to 1558th January 20032002/2811
Section 15610th February 20032003/1
Section 1578th January 20032002/2811
Sections 158 and 15910th February 20032003/1
Section 161 and Schedule 9 (in part)10th February 20032003/1
Section 161 and Schedule 9 (in part)8th December 20022002/2811
Section 161 and Schedule 9 (in part)1st April 20032003/754
Schedules 4, 5 and 61st April 20032003/754
Schedule 7 (so far as not already in force)1st April 20032003/754

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