The Immigration
(Jersey) (Amendment) Order 2017
Made by Her Majesty in Council 11th October 2017
Registered by the
Royal Court 3rd
November 2017
In force 10th
November 2017
HER MAJESTY, in exercise of the powers conferred upon Her by section 36 of the Immigration
Act 1971, section 12(5) of the Immigration Act 1988, section 170(7)
of the Immigration and Asylum Act 1999, 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 order as
follows:
1 Citation,
commencement and interpretation
This Order may be cited as the Immigration (Jersey) (Amendment)
Order 2017 and comes into force on the seventh day after the day on which
it is registered by the Royal Court of Jersey.
2 Amendment
of the Immigration (Jersey) Order 1993
The Immigration (Jersey) Order 1993[1] is amended in accordance
with Part 1 of the Schedule to this Order.
3 Amendment of the Immigration and Asylum Act 1999 (Jersey) Order 2003
The Immigration and Asylum Act 1999 (Jersey) Order 2003[2] is amended in accordance
with Part 2 of the Schedule to this Order.
4 Amendment of the Immigration (Jersey) Order 2012
The Immigration (Jersey) Order 2012[3] is amended in accordance
with Part 3 of the Schedule to this Order.
5 Amendment of the Immigration (Jersey) Order 2015
The Immigration (Jersey) Order 2015[4] is amended in accordance
with Part 4 of the Schedule to this Order.
6 Saving
(1) Orders
made and directions given by the Lieutenant-Governor under the Immigration Acts
and having effect on the day on which this Order comes into force shall have
effect as if they had been made or given by the Minister under the Immigration
Acts as amended by this Order, and shall remain in force until revoked or
replaced by Orders made or directions given, as the case may be, by the
Minister under the said Acts as so amended.
(2) In
this article –
“the Immigration Acts” means the Immigration Act 1971,
the Immigration Act 1988, the Immigration and Asylum Act 1999, the Immigration,
Asylum and Nationality Act 2006 and the Immigration Act 2014 as each of
those Acts has effect in the Bailiwick of Jersey;
“the Minister” means the Minister for Home Affairs (of Jersey).
Richard tilbrook
Clerk of the Privy Council
SCHEDULE
PART 1
(Article 2)
AMENDMENT of the immigration (JERSEY) ORDER 1993
1
In Part I of Schedule 1 –
(a) in
paragraph 1(c), for “Committee” in the substituted subsection (4)
and for “Lieutenant-Governor” in the substituted
subsection (4A) substitute “Minister”;
(b) in
paragraph (3)(d), for “Lieutenant-Governor” substitute
“Minister”;
(c) in
paragraph 4(a), in the substituted wording –
(i) for
“Lieutenant-Governor” substitute “Minister”, and
(ii) for
“Committee” substitute “Minister”;
(d) in
paragraph 4(c)(i), for “Committee” substitute
“Minister”;
(e) in
paragraph 4(d) for “the Committee may by order make such provision
as appears to it” substitute “the Minister may by order make such
provision as appears to him”;
(f) in
paragraph 5(b), for “Lieutenant-Governor” substitute
“Minister”;
(g) in
paragraph 5(c), for “Committee” substitute
“Minister”;
(h) in
paragraph 7(a)(ii), for “Lieutenant-Governor’s”
substitute “Minister’s”;
(i) in
paragraph 8(b), for the substituted subsection (2)
substitute –
“(2) The Minister may direct that
any particular person or class of persons shall be exempt either
unconditionally or subject to such conditions as the Minister may impose from
all or any of the provisions of this Act relating to those who are not British
citizens.
(2A) A direction under this subsection,
if made with respect to a class of persons, shall be made by Order to which the
Subordinate Legislation (Jersey) Law 1960[5] shall
apply.”;
(j) in
paragraph 9(b)(iii), for the substituted words from “by order and
may” to “other conditions, by the Committee” (inclusive)
substitute “by an Order of the Minister and may be applicable to
them”;
(k) in
paragraph 9(d)(ii) and paragraph 9(f), for
“Lieutenant-Governor” substitute “Minister”;
(l) for paragraph 12(d),
substitute –
“(d) for subsection (5)
substitute –
“(5) Subsection (1) above
applies to things done whether inside or outside the Bailiwick of
Jersey.” ”;
(m) in
paragraph 16 –
(i) in
subparagraph (a) for “Committee” substitute
“Minister”,
(ii) in
subparagraph (c) for “Finance and Economics Committee of the
States” substitute the “Minister for Treasury and Resources”;
(n) in
paragraph 17 –
(i) in
subparagraph (a) for “Lieutenant-Governor or the Committee”
substitute “Minister”,
(ii) omit
subparagraph (b);
(o) in
paragraph 18 –
(i) in
subparagraph (a)(i), omit the inserted definition of
“Committee”,
(ii) after
subparagraph (a)(v) insert –
“(va) “Minister” means the Minister
for Home Affairs;”,
(iii) in
subparagraph (a)(viii) in the inserted definition of “work
permit” for “Committee” substitute “Minister”;
(p) in
paragraph 20 –
(i) in
subparagraph (a)(i) for the substituted sub-paragraph (1)
substitute –
“(1) Immigration officers for the
purposes of this Act shall be appointed in accordance with the Employment of
States of Jersey Employees (Jersey) Law 2005[6].”,
(ii) in
subparagraph (a)(i) for the substituted sub-paragraph (3)
substitute –
“(3) In the exercise of their
functions under this Act, immigration officers and medical inspectors shall act
in accordance with such directions as may be given them by the
Minister.”,
(iii) in
subparagraphs (f), (i), (k) and (s) for “Lieutenant-Governor”
wherever occurring, substitute “Minister”,
(iv) in
subparagraphs (i), (k), (o) and (p) for “Committee” wherever
occurring, substitute “Minister”;
(q) in
paragraph 21 –
(i) for
“Lieutenant-Governor” wherever it occurs substitute
“Minister”,
(ii) in
subparagraph (a)(iii) for “Committee, if it” substitute
“Minister, if he”;
(r) in
paragraph 22(2)(e) for “Lieutenant-Governor” substitute
“Minister”.
2
Omit Part II of Schedule 1.
3
In Part III of Schedule 1 –
(a) for
“Lieutenant-Governor” and “Committee” wherever
they occur (other than in paragraph 4), substitute “Minister”;
(b) omit
paragraph 4.
PART 2
(Article 3)
AMENDMENT of the immigration AND ASYLUM ACT 1999 (JERSEY) ORDER 2003
1
Omit article 3(b).
2
In the second column of the Schedule –
(a) for
“Lieutenant-Governor” wherever it occurs substitute
“Minister”;
(b) for
“Committee” wherever it occurs (except in item (g) opposite
the entry relating to section 167) substitute “Minister”;
(c) in
item (g) opposite the entry relating to section 167 –
(i) omit
the definition of “Committee”,
(ii) insert
“ “Minister” means the Minister for Home
Affairs;”.
PART 3
(Article 4)
AMENDMENT of the immigration (JERSEY) ORDER 2012
In the second column of Schedule 1 for
“Lieutenant-Governor” in both places substitute
“Minister”.
PART 4
(Article 5)
AMENDMENT of the immigration
(JERSEY) ORDER 2015
1
In the second column of Schedule 2
opposite the entry relating to paragraph 5 (Designations) omit
item (b).
2
In the second column of Schedule 2
opposite the entry relating to Schedule 9 (Provision relating to removal) for “Lieutenant-Governor”
substitute “Minister”.