Immigration (Passenger, Crew
and Service Information – Police Powers) (Jersey) Order 2013
THE MINISTER FOR HOME AFFAIRS, in pursuance of
section 32(5) of the Immigration, Asylum and Nationality Act 2006
(the “2006 Act”) as extended to the Bailiwick
of Jersey, with exceptions and modifications, by the Immigration (Jersey)
Order 2012, being satisfied that the nature of the information specified
in this Order for the purposes of section 32 of the 2006 Act is
such that there are likely to be circumstances in which it can be required
under that provision without breaching Convention rights (within the meaning of
the Human Rights
(Jersey) Law 2000), orders as
follows –
Commencement [see endnotes]
1 Interpretation
(1) In this Order, unless
the context indicates otherwise –
“captain” means master of a ship, or commander of an
aircraft;
“crew” in relation to a ship or aircraft, means persons
employed on board a ship or aircraft, including the captain, and “member
of crew” shall be construed accordingly;
“ship” includes –
(a) every
description of vessel used in navigation; and
(b) hovercraft.
(2) In
this Order, a reference to a section number is a reference to a section of the Immigration, Asylum and Nationality Act 2006 (c.13) of the United Kingdom as extended
to Jersey, with exceptions and modifications, by the Immigration
(Jersey) Order 2012.
(3) For
the purposes of this Order, information is known to the owner or agent of a
ship or aircraft (“carrier”) if it is held by that carrier
and –
(a) if
information of that nature is routinely held by the carrier on their carrier
reservation system, departure control system or equivalent system; or
(b) if
the information is obtained in the ordinary course of the carrier’s
business and is requested notwithstanding the fact that it is not held, or is
not held routinely, on such a system.
2 Passenger and service information
(1) Subject to paragraph (2),
the passenger and service information set out in Schedule 1 is specified
for the purposes of section 32(5)(a) in respect of ships and aircraft
arriving or expected to arrive in, or leaving or expected to leave, Jersey.
(2) The information set out
in Schedule 1 is only specified for the purposes of section 32(5)(a)
to the extent to which it is known by the owner or agent of a ship or aircraft
in circumstances where the information is to be provided
before a point in time at which passengers have boarded the ship or aircraft in
preparation for departure and it is no longer possible for further passengers
or crew to do so.
(3) Where information set
out in Schedule 1 has been requested in circumstances set out in paragraph (2),
nothing in this Article prevents that same information being requested from the
owner or agent of a ship or aircraft a second time where those same
circumstances do not apply.
(4) The passenger and
service information set out in Schedule 2 is specified for the purposes of
section 32(5)(a) to the extent to which it is known by the owner or agent
of a ship or aircraft.
3 Form
and manner in which passenger and service information to be provided
For the purposes of section 32(8)(c), passenger and service
information shall be provided in an electronic form that is compatible with the
technology used by the recipient of the information unless an alternative form
and manner of information transmission is authorized by the recipient of the
information.
4 Citation
This Order may be cited as the Immigration (Passenger, Crew and
Service Information – Police Powers) (Jersey) Order 2013.
SCHEDULE 1
(Article 2(1))
Information Specified
1 Information
which relates to members of crew
The information
is –
(a) the
following information as provided on the member of crew’s travel
document –
(i) full
name,
(ii) gender,
(iii) date
of birth,
(iv) nationality,
(v) type
of travel document held,
(vi) number of
travel document held,
(vii) expiry date
of travel document held, and
(viii) issuing State of
travel document held;
(b) where
a travel document is not held, the type of identification relied upon together
with the number, expiry date and issuing State of that identification; and
(c) the
vehicle registration number of any vehicle in which the member of crew is
travelling and which is being transported by ship or by aircraft and, if the
vehicle has a trailer, the trailer registration number.
2 Information
which relates to passengers
The information
is –
(a) the
following information as provided on the passenger’s travel
document –
(i) full
name,
(ii) gender,
(iii) date
of birth,
(iv) nationality,
(v) type
of travel document held,
(vi) number of
travel document held,
(vii) expiry date
of travel document held, and
(viii) issuing State of
travel document held;
(b) where
a travel document is not held, the type of identification relied upon together
with the number, expiry date and issuing State of that identification; and
(c) the
vehicle registration number of any vehicle in which the passenger is travelling
and which is being transported by ship or by aircraft and, if the vehicle has a
trailer, the trailer registration number.
3 Information
which relates to a voyage or flight
The information
is –
(a) flight
number, ship name, or carrier running number;
(b) name
of carrier;
(c) nationality
of ship;
(d) scheduled
departure date;
(e) scheduled
departure time;
(f) scheduled
arrival date;
(g) scheduled
arrival time;
(h) place
and country from which the voyage or flight departed immediately prior to
arrival into Jersey;
(i) place
in Jersey into which the voyage or flight first arrives from overseas; and
(j) number
of passengers.
SCHEDULE 2
(Article 2(4))
Information
specified to extent known by carrier
(1) The
passenger and service information is the following in respect of a passenger
or, in so far as it applies (whether expressly or otherwise), in respect of a
member of crew –
(a) name
as it appears on the reservation;
(b) address;
(c) any
contact telephone number;
(d) fax
number;
(e) e-mail
address;
(f) internet
address;
(g) travel
status of passenger or member of crew, which indicates whether reservation is
confirmed or provisional and whether the passenger or member of crew has checked
in;
(h) the
number of pieces and description of any baggage carried;
(i) any
documentation provided to the passenger or member of crew in respect of
baggage;
(j) ticket
number;
(k) date
and place of ticket issue;
(l) seat
number allocated;
(m) seat number
requested;
(n) check-in
time, regardless of method;
(o) date
on which reservation was made;
(p) identity
of any person who made the reservation;
(q) any
other name that appears on the passenger’s or member of crew’s
reservation;
(r) the
fact that a reservation in respect of more than one passenger or member of crew
has been divided due to a change in itinerary for one or more but not all of
the passengers or members of crew;
(s) “Code
Share Details” being information which indicates the name of any other
carrier who will carry the passenger;
(t) method
of payment used to purchase ticket or make reservation;
(u) details
of the method of payment used, including the number of any credit, debit or
other card used;
(v) passenger
name record locator or other data locator used by the carrier to locate the
passenger or member of crew within its information system;
(w) the name,
address and contact details of the passenger’s or member of crew’s
sponsor (if any) in Jersey;
(x) the
fact that the passenger is under the age of eighteen and unaccompanied;
(y) the
fact that the passenger is under the age of eighteen and travelling with a
person who has not declared himself or herself to be a family member; and
(z) name
and contact details of an adult dropping off an unaccompanied passenger under
the age of eighteen at an airport or port.
(2) In
paragraph (1)(w), “sponsor” has the same meaning as in
paragraph 6 of the Directions of the Lieutenant-Governor given under
section 1(4A) of the Immigration Act 1971 (c.77) of the United
Kingdom, section 1 of that Act having been extended to Jersey with modifications, by the Immigration
(Jersey) Order 1993.