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.