The Nationality, Immigration and Asylum Act 2002 (Commencement No. 11) Order 2006

Statutory Instruments

2006 No. 1498 (C. 51)

IMMIGRATION

The Nationality, Immigration and Asylum Act 2002 (Commencement No. 11) Order 2006

Made

5th June 2006

The Secretary of State, in exercise of the powers conferred by sections 162(1) and (5) of the Nationality, Immigration and Asylum Act 2002(1), makes the following Order:

1.  This Order may be cited as the Nationality, Immigration and Asylum Act 2002 (Commencement No. 11) Order 2006.

2.  Section 9 of the Nationality, Immigration and Asylum Act 2002 shall come into force—

(a) on the day this Order is made, for the purpose only of enabling regulations to be made under section 50(9A) and (9B) of the British Nationality Act 1981(2) as substituted by section 9; and

(b) on 1st July 2006, so far as not already in force.

3.  The date appointed for the purpose of section 162(5)(3) of the Nationality, Immigration and Asylum Act 2002 is 1st July 2006.

Liam Byrne

Minister of State

Home Office

5th June 2006

Explanatory Note

(This note is not part of the Order)

Section 9 of the Nationality, Immigration and Asylum Act 2002 (“the 2002 Act”) substitutes new section 50(9), (9A), (9B) and (9C) into the British Nationality Act 1981 (“the 1981 Act”) and makes some consequential amendments to that Act. The new provisions contain new definitions of a child’s mother and father for the purposes of the 1981 Act. New section 50(9A) and (9B) enables the Secretary of State to make regulations prescribing requirements about proof of paternity for these purposes.

Article 2 of this Order commences section 9 of the 2002 Act in two parts, on the day the Order is made (for the purpose only of enabling regulations to be made under new section 50(9A) and (9B) of the 1981 Act) and on 1st July 2006 (for all other purposes).

Section 162(5) of the 2002 Act provides that section 9 of that Act shall have effect in relation to a child born on or after a date appointed by the Secretary of State by order. Article 3 of this Order provides that 1st July 2006 is the appointed date for this purpose.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

Provision	Date of Commencement	S.I. No.
Section 1(1) and (2) (in part)	1st November 2005	2005/2782
Section 1(1) and (2) (so far as not already in force)	1st May 2006	2005/2782
Section 1(3) and (4)	6th July 2004	2004/1707
Section 2	28th July 2004	2004/1707
Section 3 and Schedule 1	1st January 2004	2003/3156
Section 4	1st April 2003	2003/754
Sections 12 and 13	30th April 2003	2003/754
Section 14	1st January 2004	2003/3156
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 127	10th December 2004	2004/2998
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
Section 147 (so far as not already in force)	1st May 2004	2004/1201
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

(1)

2002 c. 41.

(2)

1981 c. 61; section 9 of the Nationality, Immigration and Asylum Act 2002 substitutes new section 50(9), (9A), (9B) and (9C) into the British Nationality Act 1981.

(3)

By section 162(5), section 9 has effect in relation to a child born on or after the appointed date.