Legislation – The Immigration (Jersey) Order 2021

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Introduction

1 Citation, commencement and interpretation

2 Enabling powers

3 Extension of the 1971 Act to Jersey

4 Extension of the 1988 Act to Jersey

5 Extension of the 1993 Act to Jersey

6 Extension of the 1999 Act to Jersey

7 Extension of the 2002 Act to Jersey

8 Extension of the 2004 Act to Jersey

9 Extension of the 2006 Act to Jersey

10 Extension of the 2007 Act to Jersey

11 Extension of the 2009 Act to Jersey

12 Extension of the 2014 Act to Jersey

13 Extension of the 2015 Act to Jersey

14 Extension of the 2016 Act to Jersey

15 Revocation of existing Orders

16 Transitional and saving provisions

SCHEDULES

SCHEDULE 1 Extension and modification of the Immigration Act 1971

SCHEDULE 1A Provisions of the Immigration Act 1971 as extended to Jersey

SCHEDULE 2 ADMINISTRATIVE PROVISIONS AS TO CONTROL ON ENTRY ETC.

SCHEDULE 3 SUPPLEMENTARY PROVISIONS AS TO DEPORTATION

SCHEDULE 4 INTEGRATION WITH JERSEY LAW OF IMMIGRATION LAWS OF THE UNITED KINGDOM, GUERNSEY AND THE ISLE OF MAN

SCHEDULE 4A ENFORCEMENT POWERS IN RELATION TO SHIPS

SCHEDULE 2 Extension and modification of the Immigration Act 1988

SCHEDULE 2A Provisions of the Immigration Act 1988 as extended to Jersey

SCHEDULE 3 Extension and modification of the Asylum and Immigration Appeals Act 1993

SCHEDULE 3A Provisions of the Asylum and Immigration Appeals Act 1993 as extended to Jersey

SCHEDULE 4 Extension and modification of the Immigration and Asylum Act 1999

SCHEDULE 4A Provisions of the Immigration and Asylum Act 1999 as extended to Jersey

SCHEDULE 1 SALE OF TRANSPORTERS

SCHEDULE 15 TRANSITIONAL PROVISIONS AND SAVINGS

SCHEDULE 5 Extension and modification of the Nationality, Immigration and Asylum Act 2002

SCHEDULE 5A Provisions of the Nationality, Immigration and Asylum Act 2002 as extended to Jersey

SCHEDULE 6 Extension and modification of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004

SCHEDULE 6A Provisions of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 as extended to Jersey

SCHEDULE 3 REMOVAL OF ASYLUM SEEKER TO SAFE COUNTRY

SCHEDULE 7 Immigration, Asylum and Nationality Act 2006

SCHEDULE 7A Provisions of the Immigration, Asylum and Nationality Act 2006 as extended to Jersey

SCHEDULE 8 UK Borders Act 2007

SCHEDULE 8A Provisions of the UK Borders Act 2007 as extended to Jersey

SCHEDULE 9 Borders, Citizenship and Immigration Act 2009

SCHEDULE 9A Provisions of the Borders, Citizenship and Immigration Act 2009 as extended to Jersey

SCHEDULE 10 Immigration Act 2014

SCHEDULE 10A Provisions of the Immigration Act 2014 as extended to Jersey

SCHEDULE 11 Counter-Terrorism and Security Act 2015

SCHEDULE 11A Provisions of the Counter-Terrorism and Security Act 2015 as extended to Jersey

SCHEDULE 1 SEIZURE OF PASSPORTS ETC FROM PERSONS SUSPECTED OF INVOLVEMENT IN TERRORISM

SCHEDULE 2 URGENT TEMPORARY EXCLUSION ORDERS: REFERENCE TO THE COURT ETC

SCHEDULE 3 TEMPORARY EXCLUSION ORDERS: PROCEEDINGS

SCHEDULE 4 TEMPORARY EXCLUSION ORDERS: APPEALS AGAINST CONVICTIONS

SCHEDULE 12 Immigration Act 2016

SCHEDULE 12A Provisions of the Immigration Act 2016 as extended to Jersey

Signature

Explanatory note

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SCHEDULE 5Extension and modification of the Nationality, Immigration and Asylum Act 2002

Article 7

Annotations:
Commencement Information

I1Sch. 5 comes into force in accordance with art. 1(1)

Column 1

Provision

Column 2

Modification

Part 1: heading

(No modification)

Section 10: heading

(No modification)

Section 10 as amended by the 2006 Act s.50(5), Schedule 2 paragraph 4(b) and Schedule 3 paragraph 1

In subsection (1) for “Secretary of State may by regulations” substitute “Minister may by Order”.

For “the United Kingdom” in each place substitute “Jersey”.

In subsection (2) –

(a) for “The regulations” substitute “An Order”;

(b) in paragraph (g) for “regulations” substitute “Order”.

In subsection (3) for “The regulations” substitute “An Order”.

For subsections (4), (5) and (6) substitute subsection (4) set out in Schedule 5A.

Part 4: heading

(No modification)

Section 62: cross-heading

(No modification)

Section 62: heading

For “Secretary of State” substitute “Minister”.

Section 62 as amended by the 2014 Act Schedule 9(1) paragraph 3(2)(a)(i) and (ii), and (b) and (c) and Schedule 9(2) paragraph 13; and the 2016 Act s.60(12)

For “Secretary of State” in each place substitute “Minister”.

For “the United Kingdom” in each place substitute “Jersey”.

In subsection (2)(b) for “Secretary of State’s” substitute “Minister’s”.

Omit subsections (8), (9), (10), (11), (12), (13) ,(14), (15) and (16).

Section 67: heading

(No modification)

Section 67

In subsection (2)(a) –

(a) for “the United Kingdom” substitute “Jersey”;

(b) for “the United Kingdom’s obligations ” substitute “obligations by which Jersey is bound”.

In subsection (2)(b) for “the United Kingdom” substitute “Jersey”.

Section 72: cross-heading

(No modification)

Section 72: heading

(No modification)

Section 72 as amended by the 2007 Act section 39(2) and (3)

For “the United Kingdom” in each place substitute “Jersey”.

In subsection (4) –

(a) in paragraph (a) for “order” substitute “Order”;

(b) for “Secretary of State” in both places substitute “Minister”.

Omit subsection (5).

Omit subsections (8), (9) and (10).

Section 76: heading

(No modification)

Section 76 as amended by the 2014 Act Schedule 9(1) paragraphs 3(3)(a) and (b) and 7

For “Secretary of State” in each place substitute “Minister”.

In subsections (1) and (2) for “the United Kingdom” substitute “Jersey”.

In subsection (2) omit “—(a)”.

In subsection (3) for “the United Kingdom” where it first appears substitute “Jersey”.

Section 77: heading

(No modification)

Section 77

For “the United Kingdom” in each place substitute “Jersey”.

In subsection (2) –

(a) in paragraph (a) for “the United Kingdom’s obligations” substitute “obligations by which Jersey is bound”;

In paragraph (b) for “Secretary of State’s” substitute “Minister’s”.

Omit subsection (5).

Part 5: heading

For “APPEALS” substitute “LISTED STATES”.

Section 113: heading

For the heading substitute the heading set out in Schedule 5A.

Section 113

For section 113 substitute section 113 set out in Schedule 5A.

Part 5A: heading (see the 2014 Act s.19)

(No modification)

Section 117A: heading (see the 2014 Act s.19)

(No modification)

Section 117A as inserted by the 2014 Act s.19

In subsection (1)(b) for “section 6 of the Human Rights Act 1998” substitute “Article 7 of the Human Rights (Jersey) Law 2000”.

Section 117B: heading (see the 2014 Act s.19)

(No modification)

Section 117B as inserted by the 2014 Act s.19

For “the United Kingdom” in each place substitute “Jersey”.

In subsection (2) after “English” in both places insert “or French”.

Section 117C: heading (see the 2014 Act s.19)

(No modification)

Section 117C as inserted by the 2014 Act s.19

In subsection (4) for “the United Kingdom” in both places substitute “Jersey”.

Section 117D: heading (see the 2014 Act s.19)

(No modification)

Section 117D as inserted by the 2014 Act s.19

For “the United Kingdom” in each place substitute “Jersey”.

Omit subsection (3).

Part 6: heading

(No modification)

Section 126: cross-heading

(No modification)

Section 126: heading

(No modification)

Section 126 as amended by the 2014 Act s.8(2), (3) and (4), Schedule 2 paragraph 3(2)(a) and (b), (3) and (4) and Schedule 9(3) paragraph 19(a), (b) and (c)

In subsection (1) for “Secretary of State may by regulations” substitute “States may by Regulations”.

For subsection (2) substitute subsection (2) set out in Schedule 5A.

In subsections (6), (7) and (8A) for “regulations” substitute “Regulations”.

Omit subsection (8).

In subsection (9) –

(a) for the definition of “authorised person” substitute the definition of “authorised person” set out in Schedule 5A:

(b) at the end of the definition of “entrant” omit “and”;

(c) for the full stop at the end of the definition of “entry clearance” substitute “, and”;

(d) after that definition insert the definition of “the Minister” set out in Schedule 5A.

Section 127: heading

(No modification)

Section 127 as amended by the 2014 Act Schedule 2 paragraph 4(2), (3) and (4)(a), (b) and (c)

For “Secretary of State” in both places substitute “Minister”.

In subsection (1) for “the United Kingdom” substitute “Jersey”.

In subsection (3) –

(a) in paragraph (aa) omit “and”;

(b) for the full stop at the end of paragraph (b) substitute “, and”;

(c) after paragraph (b) insert paragraph (c) set out in Schedule 5A.

Section 129: cross-heading

Omit “by public authority”.

Section 133: heading

(No modification)

Section 133

In subsection (2)(b) for “the United Kingdom” substitute “Jersey”.

For subsection (4) substitute subsection (4) set out in Schedule 5A.

Section 134: heading

(No modification)

Section 134

For subsection (1) substitute subsection (1) set out in Schedule 5A.

For subsection (3) substitute subsection (3) set out in Schedule 5A.

Section 136: heading

(No modification)

Section 136

In subsection (1) omit “or 135”.

In subsection (3) for “Secretary of State” substitute “Minister”.

In subsection (5)(e) for “Banking and Financial Dealings Act 1971 in any part of the United Kingdom” substitute “Public Holidays and Bank Holidays (Jersey) Law 1951”.

Section 137: heading

(No modification)

Section 137

In subsection (2) –

(a) omit “on summary conviction”;

(b) in paragraph (b) for “level 5” substitute “level 3”.

Section 138: heading

(No modification)

Section 138

(No modification)

Section 139: heading

(No modification)

Section 139

In subsection (1) omit “or 135”.

Part 7: heading

(No modification)

Section 145: heading

(No modification)

Section 145

For “the United Kingdom” in each place substitute “Jersey”.

In subsection (5) for paragraphs (a) and (b) substitute “on conviction to imprisonment for a term not exceeding 14 years, to a fine or to both”.

Part 8: heading

(No modification)

Section 157: heading

(No modification)

Section 157

In subsection (1) for “Secretary of State may by order” substitute “States may by Regulations”.

In subsection (2) for “An order” substitute “Regulations”.

Omit subsections (3), (4) and (5).

Section 159: heading

(No modification)

Section 159

(No modification)

Section 164: heading

(No modification)

Section 164

(No modification)