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 7Immigration, Asylum and Nationality Act 2006

Article 9

Annotations:
Commencement Information

I1Sch. 7 comes into force in accordance with art. 1(1)

Column 1

Provision

Column 2

Modification

Section 27: cross-heading only

(No modification)

Section 32: heading

(No modification)

Section 32 as amended by the 2015 Act Schedule 5(1) paragraph 6

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

In subsection (2) –

(a) for “constable” substitute “police officer”;

(b) for “superintendent” substitute “Chief Inspector”.

In subsection (4) –

(a) for “constable” substitute “police officer”;

(b) for paragraphs (a) and (b) ” substitute “for police purposes”.

In subsection (5) –

(a) in paragraph (a) for “order of the Secretary of State” substitute “Order of the Minister”;

(b) for paragraphs (b) and (c) substitute paragraphs (b) and (c) set out in Schedule 7A.

In subsection (7) –

(a) for “Secretary of State may make an order” substitute “Minister may make an Order”;

(b) for “Human Rights Act 1998 (c. 42)” substitute “Human Rights (Jersey) Law 2000”.

For subsection (8) substitute subsection (8) set out in Schedule 7A.

Section 32A: heading (see the 2015 Act Schedule 5(1) paragraph 7)

For “Regulations” substitute “Orders”.

Section 32A as inserted by the 2015 Act Schedule 5(1) paragraph 7

In subsection (1) –

(a) for “Secretary of State may make regulations” substitute “Minister may make provision by Order”;

(b) for “the United Kingdom” in both places substitute “Jersey”.

For subsection (3) substitute subsection (3) set out in Schedule 7A.

In subsection (4) –

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

(b) in paragraph (a) for “they apply” substitute “the Order applies”.

In subsection (5) –

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

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

For subsection (6) substitute subsection (6) set out in Schedule 7A.

Section 32B: heading (see the 2015 Act Schedule 5(1) paragraph 7)

(No modification)

Section 32B as inserted by the 2015 Act Schedule 5(1) paragraph 7.

In subsection (1) –

(a) for “Secretary of State may make regulations” substitute “Minister may make provision by Order”;

(b) in paragraph (b) for “regulations made under section 32A (regulations” substitute “an Order made under section 32A (Orders”.

In subsection (2) –

(a) for “Regulations” substitute “An Order”;

(b) for “regulations” substitute “Order”.

In subsection (3) for “regulations” in both places substitute “Order”.

In subsection (4) –

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

(b) for “by regulations” substitute “by an Order”;

(c) in paragraph (c) for “under section 22 of the Counter-Terrorism and Security Act 2015 and a penalty has been imposed on the person in respect of a failure to provide that information by virtue of regulations made” substitute “by the Minister by Order under section 22 of the Counter-Terrorism and Security Act 2015 and a penalty has been imposed on the person in respect of a failure to provide that information by virtue of an Order made by the Minister”.

For subsections (5) and (6) substitute subsection (5) set out in Schedule 7A.

Section 33: heading

(No modification)

Section 33

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

In subsection (2) for “constable of the rank of superintendent” substitute “police officer of the rank of Chief Inspector”.

For subsections (4) and (5) substitute subsections (4) and (5) set out in Schedule 7A.

For subsections (7) and (8) substitute subsections (7) and (8) set out in Schedule 7A.

Section 34: heading

(No modification)

Section 34 as amended by the 2015 Act Schedule 5(1) paragraph 8(2), (3) and (4)

In subsection (1)(b) for “regulations” substitute “an Order”.

In subsection (1A) for “regulations” in both places substitute “an Order”.

Omit subsection (2).

In subsection (3) –

(a) omit “summary”;

(b) in paragraph (a) for “51 weeks in England and Wales or 6 months in Scotland or Northern Ireland” substitute “6 months”;

(c) in paragraph (b) for “level 4” substitute “level 3”.

Omit subsection (4).

Section 39: heading

(No modification)

Section 39

In subsection (1) –

(a) for “A chief officer of police” substitute “The Chief Officer of the States of Jersey Police Force”;

(b) for “the States of Jersey police force” substitute “a police force of the United Kingdom”.

For subsection (2) –

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

(b) after “in the United Kingdom” insert “and Islands”;

(c) for “Serious Organised Crime Agency” substitute “National Crime Agency”.

Omit subsection (3).

Section 40: heading

(No modification)

Section 40

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

For “constable” and “constables” in each place substitute “police officer” and “police officers” respectively.

In subsection (4) for “Commissioners for Her Majesty’s Revenue and Customs, authorise a specified class of officers of Revenue and Customs” substitute “Agent of the Impôts, authorise a specified class of officer of the Impôts”.

In subsection (5) for “Revenue and Customs” substitute “the Impôts”.

In subsection (6) –

(a) in paragraph (b) for “Commissioners for Her Majesty’s Revenue and Customs for the exercise by authorised officers of Revenue and Customs” substitute “Agent of the Impôts for the exercise by authorised officers of the Impôts”;

(b) in paragraph (c ) for “Revenue and Customs” substitute “the Impôts”.

In subsection (8) for paragraph (b) substitute paragraph (b) set out in Schedule 7A.

Section 41: heading

(No modification)

Section 41

For subsection (1) substitute subsection (1) set out in Schedule 7A.

In subsection (2) for “constable or officer of Revenue and Customs or of a class of constable or officer of Revenue and Customs” substitute “police officer or officer of the Impôts or of a class of police officer or officer of the Impôts”.

In subsection (3) –

(a) for “constable or officer of Revenue and Customs” substitute “police officer or officer of the Impôts”;

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

In subsection (7) for “constable or officer of Revenue and Customs” substitute “police officer or officer of the Impôts”.

In subsection (8) –

(a) omit “summary”;

(b) in paragraph (a) for “51 weeks in England and Wales or six months in Scotland or Northern Ireland” substitute “twelve months”;

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

Omit subsection (9).

Section 43: cross heading

(No modification)

Section 50: heading

(No modification)

Section 50

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

Omit subsections (3), (4), (5) and (6).

Section 53: cross heading

(No modification)

Section 54: heading

(No modification)

Section 54

In subsection (2) for the definition of “terrorism” substitute the definition of “terrorism” set out in Schedule 7A.

Section 60: cross heading

(No modification)

Section 60: heading

For the heading substitute the heading set out in Schedule 7A.

Section 60

For section 60 substitute section 60 set out in Schedule 7A.

Section 64: heading

(No modification)

Section 64

In subsection (1) omit “—(1)”.

Omit subsections (2), (3) and (4).