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

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

Article 8

Column 1

Provision

Column 2

Modification

Section 1: heading

(No modification)

Section 2: heading

For “United Kingdom” substitute “Jersey”.

Section 2

For “the United Kingdom” in each place (except subsections (4)(b) and (5)(b)) substitute “Jersey”.

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

.

For subsection (4) substitute subsection (4) set out in Schedule 6A.

For subsection (9) substitute subsection (9) set out in Schedule 6A.

In subsection (10) for “constable” substitute “police officer”.

For subsection (12) substitute subsection (12) set out in Schedule 6A.

Omit subsections (15), (16) and (17).

Section 4: heading

(No modification)

Section 4

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

In subsection (4) omit paragraph (b).

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”.

Section 8: cross-heading

(No modification)

Section 8: heading

(No modification)

Section 8 as amended by the 2014 Act Schedule 9(1) paragraph 4

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

In subsection (7) –

(a) in the definition of “deciding authority” for paragraphs (b), (c) and (d) substitute paragraphs (b) and (c) set out in Schedule 6A;

(b) in the definition of “immigration decision” for “the United Kingdom” in each place substitute “Jersey”;

(c) in the definition of “immigration provision” –

(i) in paragraph (a) for “, 28C and 28CA” substitute “and 28C”;

(ii) in paragraph (d) for “Extradition Act 1989 (c. 33) or 2003 (c. 41)” substitute “Extradition (Jersey) Law 2004”;

(d) in the definition of “notified” for “regulations made by the Secretary of State” substitute “Order made by the Minister”;

(e) in the definition of “safe country” for “Schedule 3 applies” substitute “Schedule 3 to this Act applies for the time being in the United Kingdom”.

In subsection (9) for “other than the United Kingdom made by reference to the rights that a person invokes in making an asylum claim or a human rights claim in the United Kingdom” substitute “or territory other than Jersey made by reference to the rights that a person invokes in making an asylum claim or a human rights claim in Jersey”.

Omit subsection (10).

For subsection (11) substitute subsections (11) and (11A) set out in Schedule 6A.

Omit subsection (13).

Section 14: cross-heading

(No modification)

Section 14: heading

(No modification)

Section 14

For subsection (2) substitute subsection (2) set out in Schedule 6A.

For subsection (4) substitute subsection (4) set out in Schedule 6A.

Section 17: heading

(No modification)

Section 17

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

For “the United Kingdom” substitute “Jersey”.

Section 33: cross-heading

(No modification)

Section 33: heading

(No modification)

Section 33

In subsection (1) omit “—(1)”.

Omit subsections (2) and (3).

Section 35: heading

(No modification)

Section 35 as amended by the 2014 Act Schedule 2 paragraph 5

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

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

In subsection (2)(d) for “State other than the United Kingdom” substitute “country or territory outside Jersey”.

For subsection (4) substitute subsection (4) set out in Schedule 6A.

In subsection (5) for “a constable or” substitute “an”.

In subsection (7) –

(a) in the definition of “travel document” for “the United Kingdom to another State” substitute “Jersey to another country or territory”;

(b) for “removal from the United Kingdom” substitute “removal from Jersey”.

Omit subsections (8), (9), (10) and (11).

Section 45: cross-heading

(No modification)

Section 45: heading

Omit “: immigration officer”.

Section 45

For section 45 substitute section 45 set out in Schedule 6A.

Section 50: heading

(No modification)

Section 50

(No modification)

Schedule 3: heading

(No modification)

Schedule 3, paragraph 1

For sub-paragraph (1) substitute sub-paragraph (1) set out in Schedule 6A.

Schedule 3, paragraph 3

In sub-paragraph (1)(a) for “the United Kingdom” substitute “Jersey”.

In sub-paragraph (2) for “this Part” substitute “Part 2 of this Schedule in the UK”.

Schedule 3, paragraph 4

For “the United Kingdom” substitute “Jersey”.

For “this Part” substitute “Part 2 of this Schedule in the UK”.

For “Secretary of State” substitute “Minister”.

Schedule 3, paragraph 7

For paragraph 7 substitute paragraph 7 set out in Schedule 6A.

Schedule 3, paragraph 8

In sub-paragraph (1) for “the United Kingdom” substitute “Jersey”.

In sub-paragraph (2) for “to which this Part applies” substitute “specified by the Secretary of State by order under Part 3 of this Schedule in the UK”.

Schedule 3, paragraph 9

For “the United Kingdom” substitute “Jersey”.

For “to which this Part applies” substitute “specified by the Secretary of State by order under Part 3 of this Schedule in the UK”.

For “Secretary of State” substitute “Minister”.

Schedule 3, paragraph 12

For paragraph 12 substitute paragraph 12 set out in Schedule 6A.

Schedule 3, paragraph 13

In sub-paragraph (1)(a) for “the United Kingdom” substitute “Jersey”.

In sub-paragraph (2) for “to which this Part applies” substitute “specified by the Secretary of State by order under Part 4 of this Schedule in the UK”.

Schedule 3, paragraph 14

For “the United Kingdom” substitute “Jersey”.

For “to which this Part applies” substitute “specified by the Secretary of State by order under Part 4 of this Schedule in the UK”.

For “Secretary of State” substitute “Minister”.

Schedule 3, paragraph 17

For “This Part” substitute “Paragraph 18”.

For “Secretary of State” substitute “Minister”.

For “Secretary of State’s” in both paces substitute “Minister’s”.

Schedule 3, paragraph 17

For “Part” substitute “paragraph”.