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The Immigration (Jersey) Order 2021

Type Statutory-Instrument
Publication 2021-11-10
Last updated 2023-02-07
State In force
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Made: 10th November 2021

Coming into force in accordance with article 1(1)

At the Court at Windsor Castle, the 10th day of November 2021Present,The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by the enactments specified in article 2, is pleased, by and with the advice of Her Privy Council, to order as follows:

Citation, commencement and interpretation

1

as though this Order and the provisions so extended were a Law.

Enabling powers

2

The enactments conferring the powers under which this Order is made are—

Extension of the 1971 Act to Jersey

3

Extension of the 1988 Act to Jersey

4

Extension of the 1993 Act to Jersey

5

Extension of the 1999 Act to Jersey

6

Extension of the 2002 Act to Jersey

7

Extension of the 2004 Act to Jersey

8

Extension of the 2006 Act to Jersey

9

Extension of the 2007 Act to Jersey

10

Extension of the 2009 Act to Jersey

11

Extension of the 2014 Act to Jersey

12

Extension of the 2015 Act to Jersey

13

Extension of the 2016 Act to Jersey

14

Revocation of existing Orders

15

Transitional and saving provisions

16

SCHEDULE 1 — Extension and modification of the Immigration Act 1971

Column 1Provision Column 2Modification
Part I: heading For “UNITED KINGDOM” substitute “JERSEY”.
Section 1: heading (No modification)
Section 1 In subsections (1) and (2) for “the United Kingdom” in each place substitute “Jersey”.In subsection (3) –(a) for “the United Kingdom on a local journey from or to any of the Islands (that is to say, the Channel Islands and Isle of Man)” substitute “Jersey on a local journey from or to the United Kingdom, Guernsey, the Isle of Man”;(b) for “the United Kingdom” in both remaining places substitute “Jersey”.In subsection (4) –(a) for “Secretary of State” substitute “Minister”;(b) for “the United Kingdom” in both places substitute “Jersey”.After subsection (4) insert subsections (5) and (6) set out in Schedule 1A.
Section 2: heading For “United Kingdom” substitute “Jersey”.
Section 2 as substituted by the 1981 Act s. 39(2) and amended by the 1988 Act s. 3(3) For “the United Kingdom” in each place substitute “Jersey”.In subsection (2) for “and section 5(2)” substitute “, section 5(2) and section 25”.
Section 2A: heading (No modification)
Section 2A as inserted by the 2006 Act s.57(1) For “Secretary of State” in each place substitute “Minister”.For “the United Kingdom” in both places substitute “Jersey”.
Section 3: heading (No modification)
Section 3 as amended by the 1981 Act s. 39(6), Schedule 4 paragraphs 2 and 4; the 1988 Act Schedule 1 paragraph 1; the 1996 Act Schedule 2 paragraph 1(1); the 1999 Act Schedule 14 paragraph 44(1) and (2); the British Overseas Territories Act 2002 s.2(3); the 2006 Act s.30; the 2007 Act s.16 and Schedule 1 paragraph 1; the 2009 Act s.50(1); and the 2016 Act s.34(2) In subsection (1) –(a) for “the United Kingdom” in both places substitute “Jersey”;(b) for “Secretary of State” substitute “Minister”.In subsection (2) –(a) for “Secretary of State” substitute “Minister”;(b) for “lay before Parliament” substitute “present to the States”;(c) for “in the United Kingdom” substitute “in Jersey”;(d) for the words from “If a statement laid before” to the end substitute:“If a statement presented to the States under this subsection is disapproved by resolution passed at the sitting at which it is so presented or at the next following sitting of the States then the Minister shall make changes or further changes in the rules as appear to him to be required in the circumstances and the statement of those changes shall be presented to the States as soon as practicable after the said resolution was passed.”.In subsections (3), (4), (5), (6) and (7) for “the United Kingdom” in each place substitute “Jersey”.In subsection (5) for “Secretary of State” substitute “Minister”.In subsection (7) omit the words from “Any Order in Council under” to the end.For subsection (9) substitute subsection (9) set out in Schedule 1A.
Section 3ZA: heading (No modification)
Section 3ZA as inserted by the 2020 Act s.2(2) For “the United Kingdom” in each place substitute “Jersey”.For “Secretary of State” in both places substitute “Minister”.
Section 3A: heading (No modification)
Section 3A as inserted by the 1999 Act s.1 For “Secretary of State” in each place substitute “Minister”.For “the United Kingdom” in each place substitute “Jersey”.For “order” in each place substitute “Order”.Omit subsection (12).Omit subsection (13).
Section 3B: heading (No modification)
Section 3B as inserted by as inserted by the 1999 Act s.2 For “Secretary of State” in both places substitute “Minister”.For “order” in each place substitute “Order”.For “the United Kingdom” in both places substitute “Jersey”.Omit subsections (5) and (6).
Section 3C: heading (No modification)
Section 3C as substituted by the 2002 Act s.118; and amended by the 2006 Act s.11(2), (3) & (4), the 2014 Act Schedule 9 paragraph 21(2) & (3) and the 2016 Act s. 62(1) For “the United Kingdom” in each place substitute “Jersey”.In subsection (1)(a) for “Secretary of State” substitute “Minister”.For subsection (2) substitute subsection (2) set out in Schedule 1A.For subsection (6) substitute subsection (6) set out in Schedule 1A.
Section 4: heading (No modification)
Section 4 as amended by the 1981 Act Schedule 4 paragraph 2; the 1999 Act Schedule 14 paragraph 45; and the 2016 Act s.62(2) For subsections (1) to (4) substitute subsections (1) to (4) set out in Schedule 1A.
Section 5: heading (No modification)
Section 5 as amended by the 1981 Act Schedule 4 paragraph 2; the 1996 Act Schedule 2 paragraph 2; and the 1988 Act s. 10 Schedule 1, paragraph 2 For “Secretary of State” in each place substitute “Minister”.For “the United Kingdom” in each place substitute “Jersey”.In subsection (4) –(a) in sub-paragraph (a) after “his wife” insert “or civil partner”,(b) in sub-paragraph (b) after “her husband” insert “or civil partner”.
Section 6: heading (No modification)
Section 6 as amended by the 1981 Act Schedule 4 paragraph 2; the Criminal Justice Act 1982, s. 77 and s. 78, Schedule 15 paragraph 15 and Schedule 16 In subsection (1) omit all the words after “by another court”.In subsection (2) for all the words after “but the powers of” substitute “a court to adjourn shall include power to adjourn, after convicting an offender, for the purpose of enabling a notice to be given to him under this subsection or, if a notice was so given to him less than seven days previously, for the purpose of enabling the necessary seven days to elapse.”In subsection (5) for all the words after “conviction on which it is made;” substitute “but the recommendation shall be treated as a sentence for the purpose of any enactment providing an appeal against sentence.”In subsection (6) omit all the words after “the time for bringing that appeal”.Omit subsection (7).
Section 7: heading (No modification)
Section 7 as amended by the 2002 Act s.75 and Schedule 9 paragraph 1 In subsection (1) –(a) for “was then ordinarily resident in the United Kingdom” substitute “was then ordinarily resident in Jersey”;(b) for “the Secretary of State’s” substitute “the Minister’s”;(c) re-designate sub-paragraphs (b) and (c) as sub-paragraphs (a) and (b).In subsection (3) for “subsection (1)(b) or (c) above” substitute “subsection (1)(a) or (b) above”.In subsection (4) for all the words after “In paragraph (c)(ii) above” substitute ““relevant enactment” means the Criminal Procedure (Jersey) Rules 2021 and any similar enactment which is for the time being or has (before or after the passing of this Act) been in force in any part of the United Kingdom and Islands.”
Section 8: heading (No modification)
Section 8 as amended by the 1981 Act s. 39(4) and Schedule 4 paragraphs 2 and 5; the 1988 Act s. 4; the 1999 Act s. 6; the 2016 Act s.76(1) For “the United Kingdom” in each place substitute “Jersey”.For subsection (2) substitute subsection (2) set out in Schedule 1A.In subsection (3) –(a) for “(within the meaning of the Diplomatic Privileges Act 1964)” substitute “(within the meaning of the Privileges and Immunities (Diplomatic, Consular, etc.) (Jersey) Law1998)”;(b) for “that Act” substitute “that Law”.In subsection (3A) for “(as defined by the 1964 Act)” substitute “(as defined by the 1998 Law)”.In subsection (4) for all the words after “apply to any person” substitute “who falls within Article 3(3) of the Armed Forces (Offences and Jurisdiction) (Jersey) Law2017”.In subsection (5) for “or by any order” substitute “or ordered”.In subsection (5A) for “An order” substitute “An exemption ordered”.Omit subsection (6).
Section 8A: heading (No modification)
Section 8A as inserted by the 1999 Act s.7; and amended by the 2016 Act s.76(2) For “the United Kingdom” in each place substitute “Jersey”.
Section 8B: heading (as amended by the 2018 Act) For “the United Kingdom” substitute “Jersey”.
Section 8B as inserted by the 1999 Act s.8; and amended by the 2016 Act s.76(4), (5), (7), (8) and (9); and the 2018 Act Schedule 3(1) paragraph 1(2), (3), (4) and (5) For “the United Kingdom” in each place substitute “Jersey”.In subsection (4) for paragraph (b) substitute paragraph (b) set out in Schedule 1A.In subsection (5) omit “or an instrument made by the Council of the European Union”.After subsection (5) insert subsection (A5) set out in Schedule 1A.In subsection (5A)(a) for “United Kingdom’s obligations ” substitute “obligations by which Jersey is bound”.In subsection (5B) for “section 15(4) of the Sanctions and Anti-Money Laundering Act 2018 (power to create exceptions)” substitute “a provision falling within subsection (A5)”.
Section 9: heading (No modification)
Section 9 as amended by the 1981 Act Schedule 4, paragraph 2 and Schedule 9; and the 2020 Act s.2(3) For subsection (1) substitute subsection (1) set out in Schedule 1A.In subsection (2) –(a) for “the United Kingdom” in each place substitute “Jersey”;(b) in paragraph (a) for“any of the Islands” substitute “the United Kingdom, Guernsey or the Isle of Man”;(c) for “register with the police or both, as may be imposed by an order of the Secretary of State” substitute “register as provided under section 4(3) above or both, as may be imposed by an Order of the Minister”.In subsection (3) –(a) for “order” in both places substitute “Order”;(b) for “the United Kingdom” substitute “Jersey”;In subsection (4) –(a) for “the United Kingdom” in each place substitute “Jersey”;(b) omit “written”;(c) for “Secretary of State” substitute “Minister”;(d) omit “as being in the interests of national security”.For subsection (5) substitute subsection (5) set out in Schedule 1A.In subsection (6) –(a) for “Secretary of State shall also have power by order” substitute “Minister shall also have power by Order”;(b) for “the order” substitute “the Order”.Omit subsection (7).
Section 11: heading (No modification)
Section 11 as amended by the 2002 Act s.62(8) For “the United Kingdom” in each place substitute “Jersey”.
Part III: heading (No modification)
Section 24: heading (No modification)
Section 24 as amended by the 1981 Act Schedule 4 paragraph 2; the 1982 Act 1982 s. 38; the 1988 Act s. 6(1), (2) and (3); the 1996 Act s.6(a); the 1999 Act Schedule 14, paragraph 50. In subsection (1) –(a) for the words “punishable on summary conviction with a fine of not more than level 5 on the standard scale” substitute “punishable with a fine of not more than level 3 on the standard scale”;(b) for “the United Kingdom” in each place substitute “Jersey”;(c) omit paragraph (h).In subsection (1A) for “the United Kingdom” substitute “Jersey”.Omit subsection (3).In subsection (4) for “the United Kingdom” in both places substitute “Jersey”.
Section 24A: heading (No modification)
Section 24A as inserted by the 1999 Act s. 28; and amended by the 2002 Act Schedule 9 paragraph 1 For “the United Kingdom” in each place substitute “Jersey”.For subsection (3) substitute subsection (3) set out in Schedule 1A.
Section 25: heading Omit “to member State”
Section 25 as substituted by the 2002 Act s.143; and amended by the 2004 Act s.1(1); the 2007 Act s.30(1); and the 2016 Act Schedule 14 paragraph 2 For section 25 substitute section 25 set out in Schedule 1A
Section 25A: heading For “United Kingdom” substitute “Jersey”.
Section 25A as substituted by the 2002 Act s.143; and amended by the 2007 Act s. 29 and s.30(2); and the 2016 ActSchedule 14paragraph 3 For “the United Kingdom” in both places substitute “Jersey”.In subsection (2) after “obligations” insert “on behalf of Jersey”.In subsection (4) for “(4) and (6)” substitute “(3) and (4)”.
Section 25C: heading (No modification)
Section 25C as substituted by the 2002 Act s.143 For subsection (1) substitute subsection (1) set out in Schedule 1A.In subsection (5)(b) for “25, 25A or 25B” substitute “25 or 25A”.In subsection (9) omit paragraph (a).Omit subsection (11).
Section 25D: heading (No modification)
Section 25D as inserted by the 1999 Act s.38; as renumbered section 25D and amended by the 2002 Act s.144(2) and Schedule 9 paragraph 1 In subsection (1) for “25, 25A or 25B” substitute “25 or 25A”.In subsections (1) and (2) for “constable” substitute “police officer”.For subsections (5), (6), (7) and (8) substitute subsections (5) and (6) set out in Schedule 1A.
Section 26: heading (No modification)
Section 26 as amended by the 1981 Act Schedule 4 paragraph 3(1); the 1982 Act ss. 38 and 46; the 1996 Act s.6(b); the 1999 Act s.30(2) and (3); the 2002 Act s.151(b) and Schedule 9 paragraph 1 In subsection (1) –(a) for “punishable on summary conviction with a fine of not more than level 5 on the standard scale or with imprisonment for not more than six months” substitute “punishable with a fine of not more than level 3 on the standard scale or with imprisonment for not more than twelve months”;(b) in paragraph (e) for “any order” substitute “any Order”;(c) in paragraph (f) for “of regulations under section 4(3) or of an order” substitute “of an Order under section 4(3) or of an Order”;(d) for subsections (2) and (3) substitute subsection (2) set out in Schedule 1A.
Section 26A: heading (No modification)
Section 26A as inserted by the 2002 Act s.148 In subsection (1) for paragraph (b) substitute paragraph (b) set out in Schedule 1A.For subsection (2) substitute subsection (2) set out in Schedule 1A.In subsection (5) for paragraphs (a) and (b) substitute “to imprisonment for a term not exceeding ten years, to a fine or to both.”In subsection (6) for paragraphs (a) and (b) substitute “to imprisonment for a term not exceeding two years, to a fine or to both.”In subsection (7) for “The Secretary of State may by order—” substitute “The States may by Regulations—”.Omit subsection (8).
Section 26B: heading (No modification)
Section 26B as inserted by the 2002 Act s.149 In subsection (4) for paragraphs (a) and (b) substitute “to imprisonment for a term not exceeding two years, to a fine or to both.”
Section 27: heading (No modification)
Section 27 as amended by the 2015 Act Schedule 5(1) paragraph 2 In subsection (1)(a) for “punishable on summary conviction with a fine of not more than level 5 on the standard scale or with imprisonment for not more than six months” substitute “punishable with a fine of not more than level 3 on the standard scale or with imprisonment for not more than twelve months”;(b) for “the United Kingdom” in each place substitute “Jersey”.In subsection (2)(a) for“by virtue of regulations made under—” substitute “by virtue of an Order made under—”.
Section 28: heading (No modification)
Section 28 Omit subsections (1), (2) and (3).
Section 28A: heading (No modification)
Section 28A as inserted by the 1999 Act s. 128; and amended by the 2016 Act s.34(4), s.35(9)(a), (b) and (c), s. 39(6)(a), (b) and (c), and Schedule 14 paragraph 6 In subsection (1) for “A constable or” substitute “An”.In subsection (3)(a) for “24B, 25, 25A or 25B” substitute “25 or 25A”.In subsection (7) omit “(or, in Scotland, a copy complaint)”.In subsection (9A), for “A constable or” substitute “An”.Omit subsections (9B) and (9C).In subsection (10) for “by subsections (3)(b), (5), (9B) and (9C)” substitute “by subsections (3)(b) and (5)”.Omit subsection (11).
Section 28AA: heading (No modification)
Section 28AA as inserted by the 2002 Act s.152; and amended by the 2016 Act s. 35(10) and s.94(1) In subsection (1) for “a justice of the peace” substitute “the Bailiff”.In subsection (2) for “justice of the peace” substitute “Magistrate”.Omit subsection (3).
Section 28B: heading (No modification)
Section 28B as inserted by the 1999 Act s. 129. In subsection (1) for “a justice of the peace is, by written information on oath” substitute “the Bailiff is satisfied by evidence on oath”.In subsection (2) –(a) for “justice” substitute “Bailiff”;(b) for “constable” substitute “police officer”.For subsections (3), (4) and (5) substitute subsection (3) set out in Schedule 1A.
Section 28C: heading (No modification)
Section 28C as inserted by the 1999 Act s.130; and amended by the 2002 Act s.144(5) In subsection (1) for “25, 25A or 25B” substitute “25 or 25A”.
Section 28D: heading (No modification)
Section 28D as inserted by the 1999 Act s.131; and amended by the 2016 Act Schedule 8 paragraphs 2(2)(a) and (b), (3), (4), (5), (6)(a), (b) and (c), and Schedule 10(2) paragraph 19 In subsections (1), for “a justice of the peace” substitute “the Bailiff”.In subsections (1B) and (1C) for “justice of the peace” substitute “Bailiff”.In subsection (1C) for “Subject to subsection (2A), the” substitute “The”.Omit subsection (2A).In subsection (4) for “24B, 25, 25A, 25B” substitute “25, 25A”.For subsection (5) substitute subsection (5) set out in Schedule 1A.Omit subsections (6) and (7).
Section 28E: heading (No modification)
Section 28E as inserted by the 1999 Act s.132(1) (No modification)
Section 28F: heading (see the 2002 Act s.144(7)) For “25, 25A or 25B” substitute “25 or 25A”
Section 28F as inserted by the 1999 Act s.133; and amended by the 2002 Act s.144(7) In subsection (1) for “25, 25A or 25B” substitute “25 or 25A”
Section 28FB: heading (No modification)
Section 28FB as inserted by the 2002 Act s.154; and amended by the 2016 Act Sch.8 paragraphs 3(2)(a) and (b), (3), (4) and (5) In subsection (1) for “a justice of the peace” substitute “the Bailiff”.In subsection (1A)(b) omit “subject to subsection (3C),”.In subsections (1B), (3) and (3A) for “justice of the peace” substitute “Bailiff”.Omit subsections (3C) and (4).In subsection (5) omit paragraph (b) (and omit “(a)” from paragraph (a)).
Section 28G: heading (No modification)
Section 28G as inserted by the 1999 Act s.134(1) (No modification)
Section 28H: heading (No modification)
Section 28H as inserted by the 1999 Act s.135(1) For subsections (10), (11) and (12) substitute subsections (10), (11) and (12) set out in Schedule 1A.Omit subsection (13).
Section 28ZI: heading (No modification)
Section 28ZI as inserted by the 2016 Act s.50 (No modification)
Section 28I: heading (No modification)
Section 28I as inserted by the 1999 Act s.136(1) In subsections (2)(b) and (4)(a)(ii) for “constable” substitute “police officer”.
Section 28J: heading (No modification)
Section 28J as inserted by the 1999 Act s.137; and amended by the 2014 Act Schedule 1 paragraph 4; and the 2016 Act Schedule 8 paragraph 4(2)(a) and (b), (3), (4), (5), (6), (7) and (8) Omit subsection (3).For subsection (4) substitute subsection (4) set out in Schedule 1A.In subsection (5) for “justice of the peace or sheriff” substitute “Bailiff when”.In subsection (10A) omit “24E(6)(b),”.In subsection (10B) omit “24E(8),”.
Section 28K: heading (No modification)
Section 28K as inserted by the 1999 Act s.138; and amended by the 2014 Act Schedule 1 paragraph 4; and the 2016 Act Schedule 8 paragraph 5(2), (3), (4), (5), (6), (7) and (8) In subsection (8B) for “Subject to subsection (8C), a” substitute “A”.Omit subsection (8C).For subsections (9) to (12) substitute subsection (9) set out in Schedule 1A.In subsection (13A) (in the definition of subsection “all premises warrant”) omit “24E(6)(b),”.In subsection (13B) omit “24E(8),”.
Section 28L: heading (No modification)
Section 28L as inserted by the 1999 Act s.139(1); and amended by the 2002 Acts. 155(2) For subsection (1) substitute subsection (1) set out in Schedule 1A.Omit subsections (4) and (5).
PART 3A: heading (No modification)
Section 28M: heading Omit “: England and Wales”
Section 28M as inserted by the 2016 Act Schedule 14 paragraph 7 In subsection (1) –(a) for “an English and Welsh constable” substitute “a police officer”;(b) for “England and Wales waters” substitute “Jersey waters”;(c) in paragraph (a) for “United Kingdom ship;” substitute “Jersey ship”.In subsection (3) –(a) for “Secretary of State” substitute “Minister”;(b) for “an English and Welsh constable” substitute “a police officer”;(c) for “the United Kingdom” substitute “Jersey”.In subsection (2)(a) for “25, 25A or 25B” substitute “25 or 25A”
Section 28Q: heading (No modification)
Section 28Q as inserted by the 2016 Act Schedule 14 paragraph 7 In subsection (1) –(a) in the definition of “the Convention” for “the United Kingdom” substitute “Jersey”;(b) omit the definitions of “England and Wales waters” and “English and Welsh constable”;(c) in the definition of “foreign ship” for “other than the United Kingdom” in both places substitute “outside the United Kingdom and Islands”;(d) after that definition insert the following definitions –““Jersey ship” means a ship which—(a) is registered under Part 3 of the Shipping (Jersey) Law 2002,(b) is a Government ship within the meaning of that Law, or(c) is not registered in any State or relevant territory but is wholly owned by persons each of whom has a Jersey connection;“Jersey waters” has the same meaning as in the Shipping (Jersey) Law 2002.”;(e) omit the definitions of “Northern Ireland constable”, “Northern Ireland waters”, “Part 2 powers” and “Part 3 powers”;(f) for the definition of “relevant territory” substitute –““relevant territory” means—(a) any of the United Kingdom and Islands other than Jersey;(b) a British overseas territory;”;(g) omit the definitions of “Scottish constable”, “Scotland waters” and “United Kingdom ship”.In subsection (2) –(a) for “United Kingdom ship” substitute “Jersey ship”;(b) for “United Kingdom connection” substitute “Jersey connection”;(c) for paragraphs (b) and (c) substitute paragraphs (b) and (c) set out in Schedule 1A.
PART IV: Heading (No modification)
Section 32: heading (No modification)
Section 32 as amended by the 1999 Act Schedule 14 paragraph 54(2)(a) and (b), (3), (4)(a) and (b); and the 2006 Act s.64(3)(a) In subsection (1) –(a) after “make an Order in Council” insert “, an enactment requiring to be laid before the States”;(b) after “vary the Order in Council,” insert “enactment,”.In subsections (2) and (3) for “Secretary of State” in each place substitute “Minister”.
Section 33: heading (No modification)
Section 33, as amended by the 1981 Act Schedule 4 paragraphs 2 and 7(a)(i) and (ii) and (b) (with s. 52(7), Schedule 8);the 1988 Acts. 10 and the Schedule, paragraph 5;the 1996 Act Schedule 2 paragraph 4(1);the 2002 Act s.10(5)(b), s.144(8) andSchedule 7 paragraph 1; and theBritish Overseas Territories Act 2002 s.1(2) In subsection (1) –(a) in the first definition omit “,“airport” includes hoverport”;(b) omit in the definition of “certificate of entitlement” for “the United Kingdom” substitute “Jersey”;(c) after that definition insert –“Convention adoption” has the same meaning as in the Adoption (Jersey) Law 1961;”;(d) in the definitions of “entrant” and “entry clearance” for “the United Kingdom” substitute “Jersey”;(e) after the definition of “entry clearance” insert –““Guernsey” means the Bailiwick of Guernsey;”;(f) for the definition of “legally adopted” substitute –““legally adopted” means adopted in pursuance of an order made by any court in the United Kingdom and Islands, under a Convention adoption or by any adoption declared by the Royal Court as an overseas adoption within the meaning of the Adoption (Jersey) Law 1961;”;(g) in the definition of “limited leave” for “the United Kingdom” substitute “Jersey”;(h) after that definition insert –““the Minister” means the Minister for Home Affairs;”;(i) in the definition of “work permit” for “the United Kingdom” substitute “Jersey”.In subsection (2) for “in the United Kingdom or in any of the Islands” substitute “in Jersey or elsewhere in the United Kingdom and Islands”.In subsection (2A) for “the United Kingdom” substitute “Jersey”.In subsection (3) for “such ports” to the end of the subsection substitute “such places as the States may by Act designate”.For subsection (4) substitute subsection (4) set out in Schedule 1A.
Section 37: heading Omit “and extent”
Section 37 Omit “— (1)” in subsection (1).Omit subsection (2).
Schedule 2: heading (No modification)
Schedule 2, Part I: heading (No modification)
Schedule 2, paragraph 1: heading (No modification)
Schedule 2, paragraph 1 For sub-paragraphs (1) to (3) substitute sub-paragraphs (1) to (3) set out in Schedule 1A.In sub-paragraph (5) for “the United Kingdom” substitute “Jersey”.
Schedule 2, paragraph 2: heading (No modification)
Schedule 2, paragraph 2 as amended by the 1981 Act Schedule 4 paragraph 2; the 1999 Act Schedule 14, paragraph 56; and the 2016 Act s. 46(2) In sub-paragraphs (1) and (2) for “the United Kingdom” in each place substitute “Jersey”.
Schedule 2, paragraph 2A: heading (No modification)
Schedule 2, paragraph 2A as inserted by the 1999 Act Schedule 14 paragraph 57; and amended by the 2004 Act s.18 In sub-paragraphs (1) and (2A) for “the United Kingdom” substitute “Jersey”.In sub-paragraph(9), omit “and PartIV of the Immigration and Asylum Act 1999”.
Schedule 2, paragraph 3 as amended by the 1981 Act Schedule 4 paragraph 2; the 2006 Act s.42(2); and the 2014 Act Schedule 8(1) paragraph 2(2) and (3) In sub-paragraphs (1) and (2) for “the United Kingdom” in each place substitute “Jersey”.
Schedule 2, paragraph 4: heading (No modification)
Schedule 2, paragraph 4 as amended by the 1996 Act Schedule 2 paragraph 5(1) and (2)(a), (b) and (c); the 1999 Act Schedule 14 paragraph 8; the 2006 Act s.27(1) and Schedule 3 paragraph 1; and the 2014 Act s.13(2), Schedule 2 paragraph 1(2)(a) and (b), and (3) and Schedule 8(1) paragraph 3(2),(3)(a),(b) and (c), (4), (5)(a) and (b), (6) and (7) In sub-paragraphs (3)(b) and (4)(b) for “the United Kingdom” substitute “Jersey”.In sub-paragraph (4)(c) for “in respect of an appeal” substitute “for judicial review of the exercise of a function”.In sub-paragraph (8)(b) for “Secretary of State” substitute “Minister”.
Schedule 2, paragraph 5 For paragraph 5 substitute paragraph 5 set out in Schedule 1A.
Schedule 2, paragraph 5A: heading (see 2014 Act Schedule 8(1) paragraph 5) (No modification)
Schedule 2, paragraph 5A as inserted by the 2014 Act Schedule 8(1) paragraph 5 For “Secretary of State” in each place substitute “Minister”.
Schedule 2, paragraph 5B: heading (see the 2014 Act Schedule 8(1)) (No modification)
Schedule 2, paragraph 5B as inserted by the 2014 Act Schedule 8(1) paragraph 6 In sub-paragraph (1) for “Secretary of State” substitute “Minister”.
Schedule 2, paragraph 6: heading (No modification)
Schedule 2, paragraph 6 as amended by the 1981 Act Schedule 4 paragraph 2; the 1988 Act s. 10 and the Schedule paragraphs 7 and 8(1), (2) and (3); the 2002 Act s.119) For “the United Kingdom” in each place substitute “Jersey”.
Schedule 2, paragraph 7: heading (No modification)
Schedule 2, paragraph 7 as substituted by the 1999 Act Schedule 14 paragraph 59 In sub-paragraphs (1)(a) and (1)(b) for “the United Kingdom” substitute “Jersey”.
Schedule 2, paragraph 8: heading (No modification)
Schedule 2, paragraph 8 as amended by the 1988 Act s. 10 and the Schedule paragraph 9(1) For “the United Kingdom” in each place substitute “Jersey”.
Schedule 2, paragraph 9 as amended by the 1996 Act Schedule 2 paragraph 6 For “the United Kingdom” in each place substitute “Jersey”.
Schedule 2, paragraph 10 as amended by the 1988 s. 10 and the Schedule paragraph 9(2) For “Secretary of State” in each place substitute “Minister”.
Schedule 2, paragraph 10A as inserted by the 2002 Act s.73(1) (No modification)
Schedule 2, paragraph 11 as amended by the 2014 Act Schedule 9(1) paragraph 1 For “Secretary of State” substitute “Minister”.
Schedule 2, paragraph 12: heading (No modification)
Schedule 2, paragraph 12 as amended by the 1981 Act Schedule 4 paragraph 2 For “the United Kingdom” in each place substitute “Jersey”.
Schedule 2, paragraph 13 as amended by the 1981 Act Schedule 4 paragraph 2 For “the United Kingdom” in each place substitute “Jersey”.
Schedule 2, paragraph 14 For “Secretary of State” in each place substitute “Minister”.
Schedule 2, paragraph 15 (No modification)
Schedule 2, paragraph 15A: heading (see the 2016 Act s.46(3)) (No modification)
Schedule 2, paragraph 15A as inserted by the 2016 Act s.46(3) In sub-paragraph (2)(b) for “the United Kingdom” substitute “Jersey”.
Schedule 2, paragraph 16: heading (No modification)
Schedule 2, paragraph 16 as amended by the 1999 Act s.140(1) and Schedule 14 paragraph 60; the 2002 Act s.73(5); the 2006 Act s.42(3); the 2014 Act s.5(2); and the 2016 Act s.60(10) For “the United Kingdom” in each place substitute “Jersey”.
Schedule 2, paragraph 17 In sub-paragraph (1) for “constable” substitute “police officer”.For sub-paragraph (2) substitute sub-paragraph (2) in the Schedule 1A.
Schedule 2, paragraph 18 as amended by the 1999 Act Schedule 14 paragraph 61; and the 2014 Act s.5(3), s.9, s.13(3), Schedule 1 para.1, and Schedule 2 paragraph 1(4) For “Secretary of State” in both places substitute “Minister”.For “constable” in both places substitute “police officer”.In sub-paragraph (3) for “the United Kingdom” substitute “Jersey”.
Schedule 2, paragraph 18A as inserted by the 2014 Act Schedule 1 paragraph 2(1) For “constable” in each place substitute “police officer”.
Schedule 2, paragraph 18B as inserted by the 2014 Act s.5(4) In sub-paragraph (7) for the definition of “short-term holding facility” substitute ““short-term holding facility” means a place used solely for the detention of detained persons for a period of not more than seven days or for such other period as may be prescribed by Regulations made by the States;”.
Schedule 2, paragraph 19 as amended by the 1981 Act Schedule 4 para. 3(1); and the 1996 Act Schedule 2 paragraph 8 In sub-paragraph (1)–(a) for “the United Kingdom” substitute “Jersey”;(b) for “Secretary of State” in both places substitute “Minister”.In sub-paragraph (2) for “the United Kingdom” substitute “Jersey”.In sub-paragraph (3)–(a) for “the United Kingdom” substitute “Jersey”;(b) for the words from “the determination in his favour” to “(being an appeal occasioned by such a refusal)” substitute “a judicial review of a refusal of leave to enter by virtue of which the directions were given,”.In sub-paragraph (4)–(a) for “an appeal under this Act” substitute “proceedings for judicial review”;(b) for “an appeal by him under this Act” substitute “such proceedings”.
Schedule 2, paragraph 20 as amended by the 1996 Act Sch.2 paragraph 9(1) and (2) For “the United Kingdom” in each place substitute “Jersey”.In sub-paragraph (1) for “Secretary of State” substitute “Minister”.In sub-paragraph (3)–(a) for “an appeal under this Act” substitute “proceedings for judicial review”;(b) for “an appeal by him under this Act” substitute “such proceedings”.
Schedule 2, paragraph 21: heading (No modification)
Schedule 2, paragraph 21 as amended by the 1988 Act s. 10 and the Schedule paragraph 10(1)(4); the 1996 Act Schedule 2 paragraph10; the 1999 Act Schedule 14 paragraph 62(2) and (3), and Schedule 16 paragraph 1; and the 2006 Act s.42(4) For “the United Kingdom” in each place substitute “Jersey”.In sub-paragraph (2A) for “regulations made by the Secretary of State” substitute “Order made by the Minister”.In sub-paragraph (2B) –(a) for “The regulations” substitute “Such an Order”;(b) for “accommodation provided under section 4 of the Immigration and Asylum Act 1999” substitute “specified accommodation”.In sub-paragraph (2C) for “The regulations” substitute “Such an Order”.In sub-paragraph (2D) for “regulations conferred by this paragraph is exercisable by statutory instrument and” substitute “Orders conferred by this paragraph”.Omit sub-paragraph (2E).
Schedule 2, paragraph 25A: heading (see the 1999 Act s.132(2)) (No modification)
Schedule 2, paragraph 25A as inserted by the 1999 Act s.132(2); and amended by the 2014 Act Schedule 1 paragraph 3(2),(3),(4)(a), (b) and (c) and (5); and the 2016 Act s.46(4)(a), (b) and (c), and Schedule 8 paragraph 6(2)(a) and (b), (3), (4), (5) and (6) In sub-paragraph (6A) –(a) for “a justice of the peace” substitute “the Bailiff”;(b) for “the justice of the peace” substitute “the Bailiff”.In sub-paragraphs (6AB) and (6AC) for “justice of the peace” substitute “Bailiff”.Omit sub-paragraphs (6BA) and (6C).In sub-paragraph (7) omit “— (a)”.“In sub-paragraphs (8A) and (9) for “the United Kingdom” substitute “Jersey”.
Schedule 2, paragraph 25B: heading (see the 1999 Act s.134(2)) (No modification)
Schedule 2, paragraph 25B as inserted by the 1999 Act s.134(2); and amended by the 2016 Act s.46(5) In sub-paragraph (3)(b)(ii) for “the United Kingdom” substitute “Jersey”.
Schedule 2, paragraph 25C: heading (see the 1999 Act s.135(2)) (No modification)
Schedule 2, paragraph 25C as inserted by the 1999 Act s.135(2) In sub-paragraph (2)(b)(ii) for “the United Kingdom” substitute “Jersey”.
Schedule 2, paragraph 25D: heading (see the 1999 Act s.136(2)) (No modification)
Schedule 2, paragraph 25D as inserted by the 1999 Act s.136(2) (No modification)
Schedule 2, paragraph 25E as inserted by the 1999 Act s.139(2) (No modification)
Schedule 2, paragraph 26: heading (No modification)
Schedule 2, paragraph 26 as amended by the 1981 Act Schedule 4 paragraph 2; and the 1999 Act Schedule 14 paragraph 64(3) and (4) and Schedule 16 paragraph 1 In sub-paragraph (1)–(a) for “Secretary of State” substitute “Minister”;(b) for “the United Kingdom” in each place substitute “Jersey”.In sub-paragraph (1A) for “Secretary of State may by order” substitute “Minister may by Order”.In sub-paragraphs (2) and (3)–(a) for “Secretary of State” substitute “Minister”;(b) for “the United Kingdom” substitute “Jersey”.Omit sub-paragraph (3A).
Schedule 2, paragraph 27 as amended by the 2006 Act s.31(2); and the 2015 Act Schedule 5(1) paragraph 1(2) For “the United Kingdom” in each place substitute “Jersey”.In sub-paragraph (2) for “Secretary of State may by order” substitute “Minister may by Order”.In sub-paragraphs (3) and (5) for “An order” substitute “An Order”.In sub-paragraph (5) –(a) in sub-sub-paragraph (ba) for “Secretary of State” substitute “Minister”;(b) at the end of sub-sub-paragraph (ba) add “and”;(c) for sub-sub-paragraphs (c) and (d) substitute sub-sub-paragraph (c) set out in Schedule 1A.
Schedule 2, paragraph 27B: heading (see the 1999 Act 1999 s.18) (No modification)
Schedule 2, paragraph 27B as inserted by the 1999 Act s.18; and amended by the 2006 Act s.31(3)(a) and (b); and the 2015 Act Schedule 5(1) paragraph 1(3) In sub-paragraph (1) for “the United Kingdom” in both places substitute “Jersey”.In sub-paragraph (2) after “to the officer” insert “or as the officer directs”.In sub-paragraphs (8) and (8A) for “Secretary of State” substitute “Minister”.For sub-paragraphs (10) and (11) substitute sub-paragraph (10) set out in Schedule 1A.
Schedule 2, paragraph 27BA as inserted by the 2015 Act Schedule 5(1) paragraph 1(4) In sub-paragraph (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”;(c) for “to the Secretary of State” substitute “to the Minister”.In sub-paragraphs (3) and (4) for “The regulations” substitute “An Order under this paragraph”.In sub-paragraph (4) for “Secretary of State” substitute “Minister”.In sub-paragraph (6) for “Regulations” substitute “An Order”.For sub-paragraph (7) substitute paragraph (7) set out in Schedule 1A.
Schedule 2, paragraph 27BB as inserted by the 2015 Act Schedule 5(1) paragraph 1(4) In sub-paragraph (1)–(a) for “Secretary of State may make regulations” substitute “Minister may make provision by Order”;(b) for “an order under paragraph 27(2) (order” substitute “an Order under paragraph 27(2) (Order”;(c) for “regulations under paragraph 27BA” substitute “an Order under paragraph 27BA”.In sub-paragraph (2)–(a) for “Regulations under” substitute “An Order under”;(b) for “the regulations” substitute “the Order”.In sub-paragraph (3)–(a) for “Provision in the regulations” substitute “Provision in the Order”;(b) for “the regulations” substitute “the Order”.In sub-paragraph (4)–(a) for “The regulations must” substitute “The Order must”;(b) for “an order” substitute “an Order”;(c) for “or regulations” substitute “or an Order”;(d) in sub-sub-paragraph (c) for “regulations” substitute “an Order”.For sub-paragraphs (5) and (6) substitute sub-paragraph (5) set out in Schedule 1A.
Schedule 3: heading (No modification)
Schedule 3, paragraph 1: heading (No modification)
Schedule 3, paragraph 1: For “Secretary of State” in each place substitute “Minister”.For “the United Kingdom” in each place substitute “Jersey”.
Schedule 3, paragraph 2: heading
Schedule 3, paragraph 2 as amended by the 1982 Act Schedule 10 paragraph 1; the 1988 Act s. 10 and the Schedule paragraph 10; the 2006 Act s.53; the 2014 Act Schedule 1 paragraph 2(2); and the 2016 Act s.60(11) For “Secretary of State” in each place substitute “Minister”.Omit sub-paragraph (2).In sub-paragraph (3) –(a) for “the United Kingdom” substitute “Jersey”;(b) omit “or (2)”.In sub-paragraph (4) omit “(2) or”.In sub-paragraph (4ZA) omit “, (2)”.In sub-paragraph (6)(b) omit “(2) or”.
Schedule 3, paragraph 4: heading (see the 1982 Act Schedule 10) (No modification)
Schedule 3, paragraph 4 as inserted by the 1982 Act Schedule 10 paragraph 2; and amended by the 1988 Act s. 10 and the Schedule paragraph 10 (No modification)
Schedule 3, paragraph 5 as inserted by the 1982 Act Schedule 10 paragraph 2 In sub-paragraph (1)(b) for “constable” substitute “police officer”.
Schedule 3, paragraph 6 as inserted by the 1982 Act Schedule 10 paragraph 2 In sub-paragraph (1) for “to which sub-paragraph (2) below applies” substitute “where the court which directed release was the Court of Appeal”.For sub-paragraphs (2) to (5) substitute sub-paragraph (2) set out in Schedule 1A.
Schedule 3, paragraph 7 as inserted by the 1982 Act Schedule 10 paragraph 2 In sub-paragraph (1)–(a) omit “—(1)”;(b) for “constable” substitute “police officer”;(c) for “the relevant part of the United Kingdom” substitute “Jersey”.
Schedule 3, paragraph 8 as inserted by the 1982 Act Schedule 10 paragraph 2 In sub-paragraph (1)–(a) omit “in England or Wales or Northern Ireland”;(b) for “a justice of the peace for the petty sessions area or district in which he was arrested” substitute “the Bailiff or Jurat”.
Schedule 3, paragraph 10 as inserted by the 1982 Act Schedule 10 paragraph 2 For “Any justice of the peace or court before whom a person is brought by virtue of paragraph 8 or 9 above—” substitute “Where a person is brought before the Bailiff or a Jurat by virtue of paragraph 8 above, the Bailiff or the Jurat, as the case may be—”.For “as the court may direct” substitute “as the Bailiff or, as the case may be, the Jurat may direct”.
Schedule 4: heading For the heading substitute the heading set out in Schedule 1A.
Schedule 4, paragraph 1: heading (No modification)
Schedule 4, paragraph 1 as amended by the 1981 Act Schedule 4, paragraph 2; and the 2020 Act s.2(4) In sub-paragraph (1) –(a) for “Islands a person is or has been given leave to enter or remain in the island” substitute “United Kingdom, Guernsey or the Isle of Man a person is or has been given leave to enter or remain in the island or, as the case may be, the United Kingdom”;(b) for “the United Kingdom, or, as the case may be, as if he had under this Act been refused leave to enter the United Kingdom” substitute “Jersey, or, as the case may be, as if he had under this Act been refused leave to enter Jersey”.For sub-paragraph (2) substitute sub-paragraph (2) set out in Schedule 1A.In sub-paragraph (3)–(a) for “the United Kingdom” in both places substitute “Jersey”;(b) after “appeal (if any)” insert “or right of review”.In sub-paragraph (4) for “the United Kingdom” substitute “Jersey”.For sub-paragraph (5) substitute sub-paragraph (5) set out in Schedule 1A.
Schedule 4, paragraph 2 For paragraph 2 substitute paragraph 2 set out in Schedule 1A.
Schedule 4, paragraph 3: heading (No modification)
Schedule 4, paragraph 3 as amended by the 1981 Act Schedule 4, paragraph 2 For sub-paragraphs (1) and (2) substitute sub-paragraphs (1) and (2) set out in Schedule 1A.
Schedule 4, paragraph 4: heading (No modification)
Schedule 4, paragraph 4 as amended by the 1981 Act Schedule 4, paragraph 2 For paragraph 4 substitute paragraph 4 set out in Schedule 1A.
Schedule 4A: heading (see the 2016 Act Schedule 14 paragraph 8) (No modification)
Schedule 4A Part 1: heading Omit “ENGLAND AND WALES”
Schedule 4A Part 1 paragraph 1: heading (No modification)
Schedule 4A Part 1 paragraph 1 as inserted by the 2016 Act Schedule 14 paragraph 8 In sub-paragraph (1)–(a) for “English and Welsh constables” substitute “police officers”;(b) omit “and 28P(1)”.In sub-paragraph (2) for “and Criminal Evidence Act 1984 (see section 10 of that Act)” substitute “Procedures and Criminal Evidence (Jersey) Law 2003 (see Article 5 of that Law)”.
Schedule 4A Part 1 paragraph 2: heading (No modification)
Schedule 4A Part 1 paragraph 2 as inserted by the 2016 Act Schedule 14 paragraph 8 In sub-paragraph (1)(a) for “25, 25A or 25B” substitute “25 or 25A”.In sub-paragraph (2)(c) for “the United Kingdom” substitute “Jersey”.
Schedule 4A Part 1 paragraph 3: heading (No modification)
Schedule 4A Part 1 paragraph 3 as inserted by the 2016 Act Schedule 14 paragraph 8 In sub-paragraph (1)(a) for “25, 25A or 25B” substitute “25 or 25A”.
Schedule 4A Part 1 paragraph 4: heading (No modification)
Schedule 4A Part 1 paragraph 4 as inserted by the 2016 Act Schedule 14 paragraph 8 In sub-paragraph (1) for “25, 25A or 25B” substitute “25 or 25A”.In sub-paragraphs (2) and (3) for “constable or” substitute “police officer or immigration”.
Schedule 4A Part 1 paragraph 5: heading (No modification)
Schedule 4A Part 1 paragraph 5 as inserted by the 2016 Act Schedule 14 paragraph 8 (No modification)
Schedule 4A Part 1 paragraph 6: heading (No modification)
Schedule 4A Part 1 paragraph 6 as inserted by the 2016 Act Schedule 14 paragraph 8 For “the United Kingdom” in each place substitute “Jersey”.
Schedule 4A Part 1 paragraph 7: heading (No modification)
Schedule 4A Part 1 paragraph 7 as inserted by the 2016 Act Schedule 14 paragraph 8 (No modification)
Schedule 4A Part 1 paragraph 8: heading (No modification)
Schedule 4A Part 1 paragraph 8 as inserted by the 2016 Act Schedule 14 paragraph 8 (No modification)
Schedule 4A Part 1 paragraph 9: heading (No modification)
Schedule 4A Part 1 paragraph 9 as inserted by the 2016 Act Schedule 14 paragraph 8 (No modification)
Schedule 4A Part 1 paragraph 10: heading (No modification)
Schedule 4A Part 1 paragraph 10 as inserted by the 2016 Act Schedule 14 paragraph 8 (No modification)
Schedule 4A Part 1 paragraph 11: heading (No modification)
Schedule 4A Part 1 paragraph 11 as inserted by the 2016 Act Schedule 14 paragraph 8 In sub-paragraphs (1) and (2) omit “under the law of England and Wales”.In sub-paragraph (4) for “summary conviction to imprisonment for a term not exceeding 51 weeks, to a fine or to both” substitute “conviction to imprisonment for a term not exceeding the general limit in a magistrates’ court or to a fine not exceeding level 3 on the standard scale or to both”.Omit sub-paragraph (5).

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

Provision as extended to Jersey

PART I — REGULATION AND ENTRY INTO AND STAY IN JERSEY

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