The Immigration
(Jersey) Order 2015
Made by Her Majesty in Council 15th July 2015
Registered by the
Royal Court 11th
September 2015
In force 18th
September 2015
HER MAJESTY, in exercise of the powers conferred upon Her by section 63(3) of
the Immigration, Asylum and Nationality Act 2006 and section 76(6) of the
Immigration Act 2014, is pleased, by and with the advice of Her Privy Council,
to make the following Order:
1 Citation,
commencement and interpretation
(1) This
Order may be cited as the Immigration (Jersey) Order 2015 and shall come into
force seven days after the day on which it is registered by the Royal Court of
Jersey.
(2) In
this Order –
“the 1971 Act” means the
Immigration Act 1971;
“the 2006 Act” means the
Immigration, Asylum and Nationality Act 2006;
“the 2014 Act” means the
Immigration Act 2014; and
“Jersey” means the Bailiwick
of Jersey.
(3) For
the purposes of construing provisions of the 1971 Act as part of the law
of Jersey, any reference to an enactment which extends to Jersey shall be
construed as a reference to that enactment as it has effect in Jersey.
2 Extension and modification
(1) Sections
27 and 42 of the 2006 Act shall extend to Jersey subject to the
modifications specified in the right-hand column of Schedule 1 to this
Order.
(2) The
following provisions of the 2014 Act namely –
(a) sections
67 and 73(6),
(b) Schedule 8,
and
(c) Parts
1 and 10 of Schedule 9,
shall extend to Jersey subject to the
modifications (if any) specified in the right-hand column of Schedule 2 to
this Order.
(3) For
the avoidance of doubt, the amendments made to the 1971 Act by sections 67
and 73(6) of, and Schedule 8 and Parts 1 and 10 of
Schedule 9 to, the 2014 Act, as extended to Jersey by paragraph (2)
of this article, are amendments made to the 1971 Act as amended by
sections 27 and 42 of the 2006 Act as extended to Jersey by paragraph (1)
of this article.
Richard tilbrook
Clerk of the Privy Council
ELIZABETH II
IMMIGRATION, ASYLUM AND NATIONALITY ACT 2006
2006 CHAPTER
13
AN ACT to
make provision about immigration, asylum and nationality; and for connected
purposes.
[30th March 2006]
BE IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice
and consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows[1] –
Appeals
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Employment
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Information
27 Documents
produced or found
(1) For
paragraph 4(4) of Schedule 2 to the Immigration Act 1971 (c. 77)
(control on entry: documents) substitute –
“(4) Where a passport or other
document is produced or found in accordance with this paragraph an immigration
officer may examine it and detain it –
(a) for the purpose of examining it, for a period
not exceeding 7 days;
(b) for any purpose, until the person to whom
the document relates is given leave to enter [the Bailiwick of Jersey] or is
about to depart or be removed following refusal of leave or until it is decided
that the person does not require leave to enter;
(c) after a time described in
paragraph (b), while the immigration officer thinks that the document may
be required in connection with proceedings * * * *
* * * in
respect of an offence.
(5) For the purpose of ascertaining that a
passport or other document produced or found in accordance with this paragraph
relates to a person examined under paragraph 2, 2A or 3 above, the person
carrying out the examination may require the person being examined to provide
information (whether or not by submitting to a process by means of which
information is obtained or recorded) about his external physical characteristics
(which may include, in particular, fingerprints or features of the iris or any
other part of the eye).”
(2) Paragraph 4(2A)
of that Schedule shall cease to have effect.
28–41 *
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42 Information:
embarking passengers
(1) Schedule 2
to the Immigration Act 1971 (c. 77) (control on entry, &c.) shall be
amended as follows.
(2) In
paragraph 3(1) for the words from “and if he is not” to the end
substitute –
“and,
if he is not a British citizen, for the purpose of establishing –
(a) his identity;
(b) whether he entered [the Bailiwick of Jersey]
lawfully;
(c) whether he has complied with any conditions
of leave to enter or remain in [the Bailiwick of Jersey];
(d) whether his return to [the Bailiwick of
Jersey] is prohibited or restricted.
(1A) An immigration officer who examines a person under
sub-paragraph (1) may require him, by notice in writing, to submit to
further examination for a purpose specified in that sub-paragraph.”
(3) After
paragraph 16(1A) insert –
“(1B) A person who has been required to submit to
further examination under paragraph 3(1A) may be detained under the
authority of an immigration officer, for a period not exceeding 12 hours,
pending the completion of the examination.”
(4) In
paragraph 21(1) after “16” insert “(1), (1A) or
(2)”.
Claimants and applicants
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Miscellaneous
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General
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SCHEDULES 1 TO 3
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ELIZABETH II
IMMIGRATION ACT 2014
2014 CHAPTER
22
AN ACT to
make provision about immigration law; to limit, or otherwise make provision
about, access to services, facilities and employment by reference to
immigration status; to make provision about marriage and civil partnership
involving certain foreign nationals; to make provision about the acquisition of
citizenship by persons unable to acquire it because their fathers and mothers
were not married to each other and provision about the removal of citizenship
from persons whose conduct is seriously prejudicial to the United
Kingdom’s vital interests; and for connected purposes.
[14th May 2014]
BE IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice
and consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows[2] –
PART 1
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PART 2
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PART 3
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PART 4
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PART 5
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PART 6
MISCELLANEOUS
Citizenship
65–66 * * * * * * *
Embarkation checks
67 Embarkation
checks
Schedule 8 (embarkation checks) has effect.
Fees
68–70 * * * * * * *
Welfare of children
71 * * * * * * *
PART 7
FINAL PROVISIONS
72 * * * * * * *
73 Transitional
and consequential provision
(1)–(5) *
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(6) Schedule 9
(transitional and consequential provision) has effect.
74–77 * * * * * * *
SCHEDULES
SCHEDULES 1–7
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SCHEDULE 8
(Section 67)
EMBARKATION CHECKS
PART 1
FUNCTIONS EXERCISABLE BY
DESIGNATED PERSONS
1 Introduction
Schedule 2 to the Immigration Act 1971 (administrative
provisions as to control on entry etc.) is amended in accordance with this Part
of this Schedule.
2 Examinations
by designated person
(1) Paragraph 3
is amended as follows.
(2) In
sub-paragraph (1), after “immigration officer” insert “or
designated person”.
(3) For
sub-paragraph (1A) substitute –
“(1A) If a person is examined under
sub-paragraph (1) (whether by an immigration officer or designated
person), an immigration officer may require the person, by notice in writing,
to submit to further examination by the immigration officer for a purpose
specified in that sub-paragraph.”.
3 Information
and documents
(1) Paragraph 4
is amended as follows.
(2) In
sub-paragraph (1), for “his functions” substitute “that
or any other person’s functions”.
(3) In
sub-paragraph (2) –
(a) for
“shall, if so required by the immigration officer” substitute
“, or on his examination under paragraph 3 above by a
designated person, shall, if so required by an immigration officer or
designated person”;
(b) in
paragraph (b), for “the immigration officer” substitute
“the immigration officer or designated person”.
(4) In
sub-paragraph (3), for the words from “the immigration
officer” to the second “officer” substitute “an
immigration officer or a person acting under the directions of an immigration
officer”.
(5) In
sub-paragraph (4), in the words before paragraph (a) –
(a) for
“produced or found” substitute “produced to or found by an
immigration officer”;
(b) for
“an immigration officer” substitute “, the immigration
officer”.
(6) After
sub-paragraph (4) insert –
“(4A) Where a passport or other document is produced
to a designated person in accordance with this paragraph, the designed
person –
(a) may examine it and detain it; and
(b) must deliver any detained passport or
document to an immigration officer as soon as reasonably practicable.
(4B) If a passport or document is delivered to an immigration
officer in accordance with sub-paragraph (4)(b), sub-paragraph (4)
applies as if the immigration officer had detained the document (and,
accordingly, the immigration officer may continue to detain it in accordance
with sub-paragraph (4)(a), (b) or (c).”.
(7) In
sub-paragraph (5), after “examination” insert “, or
any immigration officer or designated person,”.
4 Embarkation
cards
(1) Paragraph (5)
is amended in accordance with sub-paragraphs (2) and (3).
(2) For
“requiring passengers” substitute “requiring –
(3) For
“cards in such form” substitute “cards and
(b) passengers embarking in
the [Bailiwick of Jersey], or any class of such passengers, to produce to a
designated person, if so required, embarkation cards,
in such form”.
5 Designations
After paragraph 5 insert –
(1) In this Schedule “designated
person” means a person designated by the [Minister] for the purposes of
this Schedule.
(2) A designation under this paragraph is
subject to such limitations as may be specified in the designation.
(3) A limitation under sub-paragraph (2)
may, in particular, relate to the functions that are exercisable by virtue of
the designation (and, accordingly, the exercise of functions under this
Schedule by a designated person is subject to any such limitations specified in
the person’s designation.
(4) A designation under this
paragraph –
(a) may be permanent or for a specified period,
(b) may (in either case) be withdrawn, and
(c) may be varied.
(5) The power to designate, or to withdraw or
vary a designation, is exercised by the [Minister].
[(5A) When the Minister designates a person under this paragraph or
withdraws or varies such a designation, he shall inform the
Lieutenant-Governor.]
(6) The [Minister] may designate a person under
this paragraph only if the [Minister] is satisfied that the person –
(a) is capable of effectively carrying out the
functions that are exercisable by virtue of the designation,
(b) has received adequate training in respect of
the exercise of those functions, and
(c) is otherwise a suitable person to exercise
those functions.
[(7) In this Schedule “Minister” means
Minister for Home Affairs.]”.
6 Directions
to carriers and operators of ports
After paragraph 5A (inserted by
paragraph 5 above) insert –
“5B Directions
to carriers and operators of ports etc
(1) The [Minister] may direct –
(a) an owner or agent of a ship or aircraft, or
(b) a person concerned in the management of a
port,
to make arrangements for
designated persons to exercise a specified function, or a function of a
specified description, in relation to persons of a specified description.
(2) A direction under this paragraph must
specify –
(a) the port where, and
(b) the date (or dates) and time (or times)
when,
a function is to be exercised
under the arrangements.
(3) A direction under this paragraph must be in
writing.
(4) A direction under this paragraph may specify
a description of persons by reference, in particular, to –
(a) the destination to which persons are
travelling;
(b) the route by which persons are travelling;
(c) the date and time when the persons are
travelling.
“function” means
a function under this Schedule;
“specified” means
specified in a direction under this paragraph.”.
PART 2
OTHER PROVISION
7 Offences
(1) Section 27
of the Immigration Act 1971 (offences by persons connected with ships or
aircraft or with ports) is amended as follows.
(2) In
paragraph (b) –
(a) after
sub-paragraph (iii) insert –
“(iiia) he fails, without reasonable excuse, to
comply with a direction under paragraph 5B of Schedule 2; or”;
(b) in
sub-paragraph (iv) for “a requirement” substitute “any
other requirement”.
(3) After
paragraph (c) insert –
“(ca) if as a person concerned in the
management of a port he fails, without reasonable excuse, to comply with a
direction under paragraph 5B of Schedule 2.”.
SCHEDULE 9
(Section 73)
TRANSITIONAL AND
CONSEQUENTIAL PROVISION
PART 1
PROVISION RELATING TO
REMOVAL
1 Immigration
Act 1971 (c. 77)
In Schedule 2 to the Immigration Act 1971
(administrative provisions as to control on entry etc), in paragraph 11,
after “immigration officer” insert “or the
[Lieutenant-Governor].
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PARTS 2–9
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PART 10
PROVISION RELATING TO
EMBARKATION CHECKS
72 Transitional provision
(1) Any
order or direction under paragraph 5 of Schedule 2 to the Immigration
Act 1971 that has effect immediately before commencement has, after commencement,
the same effect in relation to the production of embarkation cards to
designated persons as it has in relation to the production of such cards to
immigration officers.
(2) This
paragraph is subject to the exercise, after commencement, of the powers under
paragraph 5 of Schedule 2 to the Immigration Act 1971.
(3) In
this paragraph “commencement” means the day when the amendments
made by Part 1 of Schedule 8 come into force [in the Bailiwick of
Jersey].
PART 11
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