Statutory Instruments
IMMIGRATION
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
(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.
(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.
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
| Section 4 | 1st April 2003 | 2003/754 |
| Sections 12 and 13 | 30th April 2003 | 2003/754 |
| Section 18 (in part) | 8th January 2003 | 2003/1 |
| Section 18 (in part) | 10th February 2003 | 2003/1 |
| Section 54 and Schedule 3 (in part) | 8th December 2002 | 2002/2811 |
| Section 54 and Schedule 3 (so far as not already in force) | 8th January 2003 | 2002/2811 |
| Section 55 | 8th January 2003 | 2002/2811 |
| Section 57 | 8th December 2002 | 2002/2811 |
| Section 60 | 10th February 2003 | 2003/1 |
| Sections 62 to 66 | 10th February 2003 | 2003/1 |
| Section 68 (in part) | 10th February 2003 | 2003/1 |
| Section 68 (so far as not already in force) | 1st April 2003 | 2003/754 |
| Section 71 | 10th February 2003 | 2003/1 |
| Section 72 (in part) | 10th February 2003 | 2003/1 |
| Section 72 (so far as not already in force) | 1st April 2003 | 2003/754 |
| Sections 73 to 76 | 10th February 2003 | 2003/1 |
| Sections 77 to 79 | 1st April 2003 | 2003/754 |
| Section 80 (in part) | 8th December 2002 | 2002/2811 |
| Section 80 (so far as not already in force) | 1st April 2003 | 2003/754 |
| Sections 81 to 93 | 1st April 2003 | 2003/754 |
| Section 94 (in part) | 10th February 2003 | 2003/249 |
| Section 94 (so far as not already in force) | 1st April 2003 | 2003/754 |
| Sections 95 to 111 | 1st April 2003 | 2003/754 |
| Sections 112 and 113 | 10th February 2003 | 2003/249 |
| Section 114 (1) and (2) | 1st April 2003 | 2003/754 |
| Section 114(3) and Schedule 7 (in part) | 10th February 2003 | 2003/1 |
| Sections 116 to 118 | 1st April 2003 | 2003/754 |
| Section 119 | 8th January 2003 | 2002/2811 |
| Section 120 | 1st April 2003 | 2003/754 |
| Sections 121 and 122 | 10th February 2003 | 2003/1 |
| Section 123 | 1st April 2004 | 2003/754, amended by 2003/1339, amended by 2003/2993 |
| Section 125 and Schedule 8 (in part) | 14th November 2002 | 2002/2811 |
| Section 125 and Schedule 8 (in part) | 8th December 2002 | 2002/2811 |
| Section 126 | 1st April 2003 | 2003/754 |
| Section 128 | 10th February 2003 | 2003/1 |
| Section 129 | 30th July 2003 | 2003/1747 |
| Section 130 | 1st April 2003 | 2003/754 |
| Sections 131 to 133 | 10th February 2003 | 2003/1 |
| Sections 134 to 139 | 30th July 2003 | 2003/1747 |
| Sections 140 and 141 | 8th January 2003 | 2002/2811 |
| Section 142 | 1st April 2003 | 2003/754 |
| Sections 143 to 146 | 10th February 2003 | 2003/1 |
| Section 147 (in part) | 1st April 2003 | 2003/754 |
| Sections 148 to 151 | 10th February 2003 | 2003/1 |
| Sections 152 to 155 | 8th January 2003 | 2002/2811 |
| Section 156 | 10th February 2003 | 2003/1 |
| Section 157 | 8th January 2003 | 2002/2811 |
| Sections 158 and 159 | 10th February 2003 | 2003/1 |
| Section 161 and Schedule 9 (in part) | 10th February 2003 | 2003/1 |
| Section 161 and Schedule 9 (in part) | 8th December 2002 | 2002/2811 |
| Section 161 and Schedule 9 (in part) | 1st April 2003 | 2003/754 |
| Schedules 4, 5 and 6 | 1st April 2003 | 2003/754 |
| Schedule 7 (so far as not already in force) | 1st April 2003 | 2003/754 |