SCHEDULE 1
(Article 2)
MODIFICATIONs of sections 5, 6,
7, 9, 10, 11, 12, 13, 14 and 15 of the UK Borders Act 2007 as they extend to jersey
1
In section 5 (Registration regulations) –
(a) in
the heading for “regulations” substitute “Regulations”;
(b) in
subsection (1) –
(i) for
“Secretary of State” substitute “States”;
(ii) for
“regulations” substitute “Regulations”;
(c) in
subsection (2)(f) for “regulations” substitute
“Regulations”;
(d) in
subsection (2)(g), (h) and (i) for “Secretary of State”
wherever it occurs substitute “Minister”;
(e) in
subsection (3) –
(i) for
“Secretary of State” wherever it occurs substitute
“Minister”;
(ii) for
“the United Kingdom” wherever it occurs substitute
“Jersey”;
(iii) in
sub-paragraph (l) for “regulations” substitute
“Regulations”;
(f) in
subsection (4) –
(i) for
“Secretary of State” substitute “Minister”;
(ii) for
sub-paragraph (d) substitute –
“(d) who
was given leave to enter or remain in Jersey in accordance with a provision of
directions under section 1(4A) of the Immigration Act 1971 (as extended to
Jersey by the Immigration (Jersey) Order 1993[1])
and knows or suspects that owing to a change of the holder’s
circumstances the holder would no longer qualify for leave under that
provision, or”;
(iii) in
sub-paragraph (e) for “regulations” substitute
“Regulations”;
(g) in
subsection (5) –
(i) for
“Secretary of State” wherever it occurs substitute
“Minister”;
(ii) for
“regulations” substitute “Regulations”;
(h) in
subsection (6) omit “; and section 16 of the Identity Cards Act
2006 (c. 15) (prohibition of requirement to produce ID card) is subject to
this subsection”;
(i) for
subsection (9) substitute –
“(9) Directions
under section 1(4A) of the Immigration Act 1971 (as extended to Jersey by
the Immigration (Jersey) Order 1993[2])
may require a person applying for the issue of a biometric immigration document
to provide non-biometric information to be recorded in it or retained by the
Minister.”;
(j) omit
subsection (10).
2
In section 6 (Regulations: supplemental) –
(a) for
“regulations” wherever it occurs substitute “Regulations”;
(b) in
subsection (3) for “(c. 33)” substitute “(as
extended to Jersey by the Immigration and Asylum Act 1999 (Jersey) Order 2003[3])”;
(c) in
subsection (4) for “Rules under section 3 of the Immigration
Act 1971 (immigration rules)” substitute “Directions under
section 1(4A) of the Immigration Act 1971 (as extended to Jersey by the
Immigration (Jersey) Order 1993[4])”;
(d) in
subsection (5) for “Secretary of State’s” substitute
“Minister’s”;
(e) in
subsection (6) –
(i) at
the end of sub-paragraph (b) add “and”;
(ii) omit
sub-paragraphs (d) and (e).
3
In section 7 (Effect of non-compliance) –
(a) in
subsection (1) for “regulations” in the second place it occurs
substitute “Regulations”;
(b) in
subsection (2) –
(i) for
“regulations” substitute “Regulations”;
(ii) for
“the United Kingdom” substitute “Jersey”;
(iii) for
“Secretary of State” in both places it occurs substitute
“Minister”;
(c) after
subsection (2) insert –
“(2A) If the Regulations require a biometric
immigration document to be used in connection with an application or claim,
they may require or permit the application or claim to be disregarded or
refused if that requirement is not complied with.”;
(d) in
subsection (3) –
(i) for
“regulations” wherever it occurs substitute
“Regulations”;
(ii) for
“Secretary of State” substitute “Minister”.
4
In
section 9 (Penalty) –
(a) in
subsection (1) –
(i) for
“Secretary of State” substitute “Minister”;
(ii) for
“regulations” substitute “Regulations”;
(b) in
subsection (2) –
(i) for
“Secretary of State” in both places it occurs substitute
“Minister”;
(ii) for
“regulations” substitute “Regulations”;
(c) in
subsection (5) for “regulations” substitute
“Regulations”;
(d) for
subsection (6) substitute –
“(6) The
Minister may by Order amend subsection (3) to reflect a change in the value of
money since 25 November 2008.
(7) The Subordinate Legislation
(Jersey) Law 1960[5]
shall apply to Orders under subsection (6).”.
5
In section 10 (Penalty: objection) –
(a) in
subsection (1) –
(i) for
“Secretary of State” substitute “Minister”;
(ii) for
“regulations” substitute “Regulations”;
(b) in
subsections (3) and (4) for “Secretary of State” wherever it occurs
substitute “Minister”.
6
In section 11 (Penalty: appeal) –
(a) for
subsection (1) substitute –
“(1) A
person (P) who is given a penalty notice under section 9(1) may appeal to
the Petty Debts Court.”;
(b) in
subsection (2)(a) for “regulations” substitute
“Regulations”;
(c) in
subsection (3) for “court or sheriff” wherever it occurs
substitute “Petty Debts Court”;
(d) in
subsection (4)(b) for “Secretary of State’s” substitute
“Minister’s”;
(e) in
subsection (5) –
(i) for
“court or sheriff” substitute “Petty Debts Court”;
(ii) for
“Secretary of State” substitute “Minister”.
7
In section 12 (Penalty: enforcement) –
(a) for
“Secretary of State” wherever it occurs substitute
“Minister”;
(b) in
subsection (5) for “be paid into the Consolidated Fund”
substitute “form part of the annual income of the States”.
8
In section 13 (Penalty: code of
practice) –
(a) for
“Secretary of State” wherever it occurs substitute
“Minister”;
(b) in
subsection (3) for “A court or sheriff” substitute “The
Petty Debts Court”;
(c) in
subsection (5) for sub-paragraphs (a), (b) and (c) substitute –
“(a) publish proposals, and
(b) consult members of the
public.”
9
For section 14 (Penalty: prescribed
matters) substitute –
“Penalty: prescribed matters
14.–(1) In
sections (1) and 13 “prescribed” means prescribed by the Minister
by Order.
(2) An Order under
subsection (1) –
(a) may make provision generally or only for
specified purposes, and
(b) may make different
provision for different purposes.
(3) The Subordinate
Legislation (Jersey) Law 1960[6]
shall apply to Orders under subsection (1).”.
10
For section 15 (Interpretation) substitute –
“Interpretation
15.–(1) For
the purposes of section (5) –
(a) “person subject
to immigration control” means a person who under the Immigration Act 1971
(as extended to Jersey by the Immigration (Jersey) Order 1993[7])
requires leave to enter or remain in Jersey (whether or not such leave has been
given),
(b) “document”
includes a card or sticker and any other method of recording information
(whether in writing or by the use of electronic or other technology or by a
combination of methods),
(c) “authorised
person” has the meaning given by section 141(5) of the Immigration
and Asylum Act 1999 (as extended to Jersey by the Immigration and Asylum
Act 1999 (Jersey) Order 2003[8])
(authority to take fingerprints),
(d) “immigration”
includes asylum,
(e) “Jersey”
means the Bailiwick of Jersey,
(f) “Minister”
means the Minister for Home Affairs, and
(g) Regulations or an Order
permitting something to be done by the Minister may (but need not) permit it to
be done only where the Minister is of a specified opinion.
(2) For the purposes of
section 5 “biometric information” means –
(a) information about a
person’s external physical characteristics (including in particular
fingerprints and features of the iris), and
(b) any other information
about a person’s physical characteristics specified in Regulations made
by the States.
(3) Regulations under
subsection (2)(b) –
(a) may specify only
information that can be obtained or recorded by an external examination of a
person;
(b) must not specify
information about a person’s DNA.
(4) Section 6(6)
applies to Regulations under subsection (2)(b).
(5) An application for a
biometric immigration document is an application in connection with immigration
for the purposes of sections 67A and 68 of the Immigration Act 2014 (as extended
to Jersey by the Immigration (Jersey) Order 2016) (fees); and, in the
application of those sections to an application for a biometric immigration
document, the prescribed consequences of non-compliance may include any of the
consequences specified in section 7(2) above.”.
SCHEDULE 2
(Article 3)
MODIFICATIONs of sections 13 and 14 of, and
schedule 2 to, the immigration Act 2014 as they
extend to jersey
1
In section 13 (Safeguards for children) in
the inserted paragraph (8)(b) for “Secretary of State”
substitute “Minister”.
2
In section 14(1), in the inserted
section 8 –
(a) in
subsection (1) –
(i) for
“Secretary of State” in the first place it occurs substitute
“States”;
(ii) for
“Secretary of State” in the second place it occurs substitute
“Minister”;
(iii) for
“regulations” in both places it occurs substitute
“Regulations”;
(b) in
subsection (2) –
(i) for
“regulations” substitute “Regulations”;
(ii) for
“Secretary of State” substitute “Minister”;
(c) after
subsection (2) insert –
“(2A) In subsection (2) “the Immigration
Acts” means the Immigration Acts of the United Kingdom having effect for
the time being as extended to Jersey.”;
(d) in
subsection (3) –
(i) for
“regulations” in both places it occurs substitute
“Regulations”;
(ii) for
“Secretary of State” substitute “Minister”;
(e) in
subsection (4) for “regulations” substitute
“Regulations”;
(f) in
subsection (5) –
(i) for
“regulations” substitute “Regulations”;
(ii) for
“Secretary of State” in both places it occurs substitute
“Minister”;
(iii) for
“the United Kingdom” substitute “Jersey”;
(iv) after
“Immigration Act 1971” insert “(as extended to Jersey by the
Immigration (Jersey) Order 1993)”;
(g) in
subsection (6) –
(i) for
“regulations” in both places it occurs substitute
“Regulations”;
(ii) for
“Secretary of State” substitute “Minister”;
(h) in
subsection (8) –
(i) for
“regulations” in both places it occurs substitute
“Regulations”;
(ii) for
“Secretary of State” wherever it occurs substitute
“Minister”;
(i) in
subsection (9) for “regulations” in both places it occurs
substitute “Regulations”.
3
In section 14(2), in the inserted
section 144A –
(a) in
subsection (1) –
(i) for
“regulations” in the first place it occurs substitute
“Regulations”;
(ii) for
“regulations” in the second place it occurs substitute
“directions”;
(iii) for
“regulations” in the third place it occurs substitute
“Regulations”;
(b) in
subsection (3) for “regulations” substitute
“directions”.
4
Omit section 14(3).
5
In Schedule 2 omit the entries under
“Nationality, Immigration and Asylum Act 2002 (c. 41)” and
“Asylum and Immigration (Treatment of Claimants, etc.) Act 2004
(c. 19).
UK BORDERS ACT 2007
(2007 c. 30)
CONTENTS
Detention
at ports
1–4 *
*
*
*
*
*
*
Biometric
registration
5 Registration
[Regulations]
6 Regulations:
supplemental
7 Effect
of non-compliance
8 Use
and retention of information
9 Penalty
10 Penalty:
objection
11 Penalty:
appeal
12 Penalty:
enforcement
13 Penalty:
code of practice
14 Penalty:
prescribed matters
15 Interpretation
Treatment
of claimants
16–21 *
*
*
*
*
*
*
Enforcement
22–31 *
*
*
*
*
*
*
Deportation
of criminals
32–39 *
*
*
*
*
*
*
Information
40–47 *
*
*
*
*
*
*
Border
and Immigration Inspectorate
48–56 *
*
*
*
*
*
*
General
57–60 *
*
*
*
*
*
*
61 Citation
SCHEDULE * *
*
*
*
*
*
ELIZABETH II

UK BORDERS ACT 2007
2007 CHAPTER
30
AN ACT to
make provision about immigration and asylum; and for connected purposes.
[30th October 2007]
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[9] –
Detention at ports
1–4 *
*
*
*
*
*
*
Biometric registration
5 Registration
[Regulations]
(1) The
[States] may make [Regulations] –
(a) requiring
a person subject to immigration control to apply for the issue of a document
recording biometric information (a “biometric immigration
document”);
(b) requiring
a biometric immigration document to be used –
(i) for
specified immigration purposes,
(ii) in
connection with specified immigration procedures, or
(iii) in
specified circumstances, where a question arises about a person’s status
in relation to nationality or immigration;
(c) requiring
a person who produces a biometric immigration document by virtue of
paragraph (b) to provide information for comparison with information
provided in connection with the application for the document.
(2) Regulations
under subsection (1)(a) may, in particular –
(a) apply
generally or only to a specified class of persons subject to immigration
control (for example, persons making or seeking to make a specified kind of
application for immigration purposes);
(b) specify
the period within which an application for a biometric immigration document
must be made;
(c) make
provision about the issue of biometric immigration documents;
(d) make
provision about the content of biometric immigration documents (which may
include non-biometric information);
(e) make
provision permitting a biometric immigration document to be combined with
another document;
(f) make
provision for biometric immigration documents to begin to have effect, and
cease to have effect, in accordance with the [Regulations];
(g) require
a person who acquires a biometric immigration document, without the consent of
the person to whom it relates or of the [Minister], to surrender it to the [Minister]
as soon as is reasonably practicable;
(h) permit
the [Minister] to require the surrender of a biometric immigration document in
other specified circumstances;
(i) permit
the [Minister] on issuing a biometric immigration document to require the
surrender of other documents connected with immigration or nationality.
(3) Regulations
under subsection (1)(a) may permit the [Minister] to cancel a biometric
immigration document –
(a) if
the [Minister] thinks that information provided in connection with the document
was or has become false, misleading or incomplete,
(b) if
the [Minister] thinks that the document has been lost or stolen,
(c) if
the [Minister] thinks that the document (including any information recorded in
it) has been altered, damaged or destroyed (whether deliberately or not),
(d) if
the [Minister] thinks that an attempt has been made (whether successfully or
not) to copy the document or to do anything to enable it to be copied,
(e) if
the [Minister] thinks that a person has failed to surrender the document in
accordance with subsection (2)(g) or (h),
(f) if
the [Minister] thinks that the document should be re-issued (whether because
the information recorded in it requires alteration or for any other reason),
(g) if
the [Minister] thinks that the holder is to be given leave to enter or remain
in [Jersey],
(h) if
the [Minister] thinks that the holder’s leave to enter or remain in [Jersey]
is to be varied, cancelled or invalidated or to lapse,
(i) if
the [Minister] thinks that the holder has died,
(j) if
the [Minister] thinks that the holder has been removed from [Jersey] (whether
by deportation or otherwise),
(k) if
the [Minister] thinks that the holder has left [Jersey] without retaining leave
to enter or remain, and
(l) in
such other circumstances as the [Regulations] may specify.
(4) Regulations
under subsection (1)(a) may require notification to be given to the [Minister]
by the holder of a biometric immigration document –
(a) who
knows or suspects that the document has been lost or stolen,
(b) who
knows or suspects that the document has been altered or damaged (whether
deliberately or not),
(c) who
knows or suspects that information provided in connection with the document was
or has become false, misleading or incomplete,
[(d) who
was given leave to enter or remain in Jersey in accordance with a provision of directions
under section 1(4A) of the Immigration Act 1971 (as extended to Jersey by
the Immigration (Jersey) Order 1993[10])
and knows or suspects that owing to a change of the holder’s
circumstances the holder would no longer qualify for leave under that
provision, or]
(e) in
such other circumstances as the [Regulations] may specify.
(5) Regulations
under subsection (1)(a) may require a person applying for the issue of a
biometric immigration document to provide information (which may include
biographical or other non-biometric information) to be recorded in it or
retained by the [Minister]; and, in particular, the [Regulations]
may –
(a) require,
or permit an authorised person to require, the provision of information in a
specified form;
(b) require
an individual to submit, or permit an authorised person to require an
individual to submit, to a specified process by means of which biometric
information is obtained or recorded;
(c) confer
a function (which may include the exercise of a discretion) on an authorised
person;
(d) permit
the [Minister], instead of requiring the provision of information, to use or
retain information which is (for whatever reason) already in the [Minister]’s
possession.
(6) Regulations
under subsection (1)(b) may, in particular, require the production or
other use of a biometric immigration document that is combined with another
document *
*
*
*.
(7) Regulations
under subsection (1)(b) may not make provision the effect of which would
be to require a person to carry a biometric immigration document at all times.
(8) Regulations
under subsection (1)(c) may, in particular, make provision of a kind
specified in subsection (5)(a) or (b).
[(9) Directions
under section 1(4A) of the Immigration Act 1971 (as extended to Jersey by
the Immigration (Jersey) Order 1993[11])
may require a person applying for the issue of a biometric immigration document
to provide non-biometric information to be recorded in it or retained by the
Minister.]
(10) *
*
*
*
*
6 Regulations:
supplemental
(1) This
section applies to [Regulations] under section 5(1).
(2) Regulations
amending or replacing earlier [Regulations] may require a person who holds a
biometric immigration document issued under the earlier [Regulations] to apply
under the new [Regulations].
(3) In
so far as [Regulations] require an individual under the age of 16 to
submit to a process for the recording of biometric information, or permit an
authorised person to require an individual under the age of 16 to submit to a
process of that kind, the [Regulations] must make provision similar to
section 141(3) to (5) and (13) of the Immigration and Asylum Act 1999 [(as
extended to Jersey by the Immigration and Asylum Act 1999 (Jersey) Order 2003[12])]
(fingerprints: children).
(4) [Directions
under section 1(4A) of the Immigration Act 1971 (as extended to Jersey by
the Immigration (Jersey) Order 1993[13])]
may make provision by reference to compliance or non-compliance with [Regulations].
(5) Information
in the [Minister’s] possession which is used or retained in accordance
with [Regulations] under section 5(5)(d) shall be treated, for the purpose
of requirements about treatment and destruction, as having been provided in
accordance with the [Regulations] at the time at which it is used or retained
in accordance with them.
(6) Regulations –
(a) may
make provision having effect generally or only in specified cases or
circumstances,
(b) may
make different provision for different cases or circumstances, [and]
(c) may
include incidental, consequential or transitional provision.
(d) *
*
*
*
*
(e) *
*
*
*
*
7 Effect
of non-compliance
(1) Regulations
under section 5(1) must include provision about the effect of failure to
comply with a requirement of the [Regulations].
(2) In
particular, the [Regulations] may –
(a) require
or permit an application for a biometric immigration document to be refused;
(b) require
or permit an application or claim in connection with immigration to be
disregarded or refused;
(c) require
or permit the cancellation or variation of leave to enter or remain in [Jersey];
(d) require
the [Minister] to consider giving a notice under section 9;
(e) provide
for the consequence of a failure to be at the discretion of the [Minister].
[(2A) If the
Regulations require a biometric immigration document to be used in connection
with an application or claim, they may require or permit the application or
claim to be disregarded or refused if that requirement is not complied with.]
(3) The
[Regulations] may also permit the [Minister] to designate an adult as the
person responsible for ensuring that a child complies with requirements of the
[Regulations]; and for that purpose –
(a) “adult”
means an individual who has attained the age of 18,
(b) “child”
means an individual who has not attained the age of 18, and
(c) sections
9 to 13 shall apply (with any necessary modifications) to a designated
adult’s failure to ensure compliance by a child with a requirement of [Regulations]
as they apply to a person’s own failure to comply with a requirement.
8 Use
and retention of information
*
*
*
* [see section 14 of the Immigration Act
2014 as extended to Jersey by this Order, substituting section 8]
9 Penalty
(1) The
[Minister] may by notice require a person to pay a penalty for failing to
comply with a requirement of [Regulations] under section 5(1).
(2) The
notice must –
(a) specify
the amount of the penalty,
(b) specify
a date before which the penalty must be paid to the [Minister],
(c) specify
methods by which the penalty may be paid,
(d) explain
the grounds on which the [Minister] thinks the person has failed to comply with
a requirement of the [Regulations], and
(e) explain
the effect of sections 10 to 12.
(3) The
amount specified under subsection (2)(a) may not exceed £1,000.
(4) The
date specified under subsection (2)(b) must be not less than 14 days
after the date on which the notice is given.
(5) A
person who has been given a notice under subsection (1) for failing to comply
with [Regulations] may be given further notices in the case of continued
failure; but a person may not be given a new notice –
(a) during
the time available for objection or appeal against an earlier notice, or
(b) while
an objection or appeal against an earlier notice has been instituted and is
neither withdrawn nor determined.
[(6) The
Minister may by Order amend subsection (3) to reflect a change in the
value of money since 25 November 2008.
(7) The
Subordinate Legislation (Jersey) Law 1960[14]
shall apply to Orders under subsection (6).]
10 Penalty:
objection
(1) A
person (P) who is given a penalty notice under section 9(1) may by notice
to the [Minister] object on the grounds –
(a) that
P has not failed to comply with a requirement of [Regulations] under section 5(1),
(b) that
it is unreasonable to require P to pay a penalty, or
(c) that
the amount of the penalty is excessive.
(2) A
notice of objection must –
(a) specify
the grounds of objection and P’s reasons,
(b) comply
with any prescribed requirements as to form and content, and
(c) be
given within the prescribed period.
(3) The
[Minister] shall consider a notice of objection and –
(a) cancel
the penalty notice,
(b) reduce
the penalty by varying the penalty notice,
(c) increase
the penalty by issuing a new penalty notice, or
(d) confirm
the penalty notice.
(4) The
[Minister] shall act under subsection (3) and notify P –
(a) in
accordance with any prescribed requirements, and
(b) within
the prescribed period or such longer period as the [Minister] and P may agree.
11 Penalty:
appeal
[(1) A
person (P) who is given a penalty notice under section 9(1) may appeal to
the Petty Debts Court.]
(2) An
appeal may be brought on the grounds –
(a) that
P has not failed to comply with a requirement of [Regulations] under
section 5(1),
(b) that
it is unreasonable to require P to pay a penalty, or
(c) that
the amount of the penalty is excessive.
(3) The
[Petty Debts Court] may –
(a) cancel
the penalty notice,
(b) reduce
the penalty by varying the penalty notice,
(c) increase
the penalty by varying the penalty notice (whether because the [Petty Debts
Court] thinks the original amount insufficient or because the [Petty Debts
Court] thinks that the appeal should not have been brought), or
(d) confirm
the penalty notice.
(4) An
appeal may be brought –
(a) whether
or not P has given a notice of objection, and
(b) irrespective
of the [Minister’s] decision on any notice of objection.
(5) The
[Petty Debts Court] may consider matters of which the [Minister] was not and
could not have been aware before giving the penalty notice.
(6) Rules
of court may make provision about the timing of an appeal under this section.
12 Penalty:
enforcement
(1) Where
a penalty has not been paid before the date specified in the penalty notice in
accordance with section 9(2)(b), it may be recovered as a debt due to the [Minister].
(2) Where
a notice of objection is given in respect of a penalty notice, the [Minister]
may not take steps to enforce the penalty notice before –
(a) deciding
what to do in response to the notice of objection, and
(b) informing
the objector.
(3) The
[Minister] may not take steps to enforce a penalty notice while an appeal under
section 11 –
(a) could
be brought (disregarding any possibility of an appeal out of time with
permission), or
(b) has
been brought and has not been determined or abandoned.
(4) In
proceedings for the recovery of a penalty no question may be raised as to the
matters specified in sections 10 and 11 as grounds for objection or appeal.
(5) Money
received by the [Minister] in respect of a penalty shall [form part of the
annual income of the States].
13 Penalty:
code of practice
(1) The
[Minister] shall issue a code of practice setting out the matters to be
considered in determining –
(a) whether
to give a penalty notice under section 9(1), and
(b) the
amount of a penalty.
(2) The
code may, in particular, require the [Minister] to consider any decision taken
by virtue of section 7.
(3) [The
Petty Debts Court] shall, when considering an appeal under section 11,
have regard to the code.
(4) The
[Minister] may revise and re-issue the code.
(5) Before
issuing or re-issuing the code the [Minister] must –
[(a) publish
proposals, and
(b) consult
members of the public].
(6) The
code (or re-issued code) shall come into force at the prescribed time.
[14 Penalty: prescribed matters
(1) In
sections 10 and 13 “prescribed” means prescribed by the Minister by
Order.
(2) An
Order under subsection (1) –
(a) may
make provision generally or only for specified purposes, and
(b) may
make different provision for different purposes.
(3) The
Subordinate Legislation (Jersey) Law 1960[15]
shall apply to Orders under subsection (1).]
[15 Interpretation
(1) For
the purposes of section 5 –
(a) “person
subject to immigration control” means a person who under the Immigration
Act 1971 (as extended to Jersey by the Immigration (Jersey) Order 1993[16])
requires leave to enter or remain in Jersey (whether or not such leave has been
given),
(b) “document”
includes a card or sticker and any other method of recording information
(whether in writing or by the use of electronic or other technology or by a
combination of methods),
(c) “authorised
person” has the meaning given by section 141(5) of the Immigration
and Asylum Act 1999 (as extended to Jersey by the Immigration and Asylum Act
1999 (Jersey) Order 2003[17])
(authority to take fingerprints),
(d) “immigration”
includes asylum,
(e) “Jersey”
means the Bailiwick of Jersey,
(f) “Minister”
means the Minister for Home Affairs, and
(g) Regulations
or an Order permitting something to be done by the Minister may (but need not)
permit it to be done only where the Minister is of a specified opinion.
(2) For
the purposes of section 5 “biometric information”
means –
(a) information
about a person’s external physical characteristics (including in
particular fingerprints and features of the iris), and
(b) any
other information about a person’s physical characteristics specified in
Regulations made by the States.
(3) Regulations
under subsection (2)(b) –
(a) may
specify only information that can be obtained or recorded by an external
examination of a person;
(b) must
not specify information about a person’s DNA.
(4) Section 6(6)
applies to Regulations under subsection (2)(b).
(5) An
application for a biometric immigration document is an application in
connection with immigration for the purposes of sections 67A and 68 of the
Immigration Act 2014 (as extended to Jersey by the Immigration (Jersey) Order
2016) (fees); and, in the application of those sections to an application for a
biometric immigration document, the prescribed consequences of non-compliance
may include any of the consequences specified in section 7(2) above.]
Treatment of claimants
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Enforcement
22–31 *
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Deportation of criminals
32–39 *
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Information
40–47 *
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Border and Immigration Inspectorate
48–56 *
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General
47–60 *
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61 Citation
(1) This
Act may be cited as the UK Borders Act 2007.
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(3) *
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(4) *
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SCHEDULE
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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[18] –
PART 1
REMOVAL AND OTHER POWERS
Removal
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Powers of immigration officers
4 *
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Detention and bail
5–7 *
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Biometrics
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9 Identifying
persons liable to detention
In paragraph 18(2) of Schedule 2 to the Immigration Act
1971 (power to take steps for identifying persons detained under paragraph 16
of that Schedule) after “detained” insert “or liable to be
detained”.
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12 Meaning
of “biometric information”
(1) * * * * *
(2) *
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(3) *
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(4) Schedule 2
(which amends other enactments) has effect.
13 Safeguards
for children
(1) Schedule 2
to the Immigration Act 1971 (entry control) is amended as follows.
(2) In
paragraph 4 (power to take biometric information on examination), after
sub-paragraph (6) (as inserted by paragraph 1(3) of Schedule 2)
insert –
“(7) A person (“P”)
who is under 16 may not be required to provide biometric information under
sub-paragraph (5) unless –
(a) the decision to require P to provide the
information has been confirmed by a chief immigration officer, and
(b) the information is provided in the presence
of a person of full age who is –
(i) P’s
parent or guardian, or
(ii) a
person who for the time being takes responsibility for P.
(8) The person mentioned in
sub-paragraph (7)(b)(ii) may not be –
(a) a person who is entitled to require the
provision of information under sub-paragraph (5) (an “authorised
person”), or
(b) an officer of the [Minister] who is not such
a person.
(9) Sub-paragraph (7) does not prevent an
authorised person requiring the provision of biometric information by a person
the authorised person reasonably believes to be 16 or over.”
(3) In
paragraph 18 (power to take biometric information from detained persons),
after sub-paragraph (2A) insert –
“(2B) Paragraph 4(7) to (9) applies to
sub-paragraph (2) as it applies to paragraph 4(5).”.
14 Use
and retention of biometric information
(1) For
section 8 of the UK Borders Act 2007 substitute –
“8 Use and retention
of biometric information
(1) The [States] must by [Regulations] make
provision about the use and retention by the [Minister] of biometric
information provided in accordance with [Regulations] under section 5(1).
(2) The [Regulations] must provide that
biometric information may be retained only if the [Minister] thinks that it is
necessary to retain it for use in connection with –
(a) the exercise of a function by virtue of the
Immigration Acts, or
(b) the exercise of a function in relation to
nationality.
[(2A) In subsection (2) “the Immigration Acts” means the
Immigration Acts of the United Kingdom having effect for the time being as
extended to Jersey.]
(3) The [Regulations] may include provision
permitting biometric information retained by virtue of subsection (2) also
to be used –
(a) in connection with the prevention,
investigation or prosecution of an offence,
(b) for a purpose which appears to the
[Minister] to be required in order to protect national security,
(c) in connection with identifying persons who
have died, or are suffering from illness or injury,
(d) for the purpose of ascertaining whether a
person has acted unlawfully, or has obtained or sought anything to which the
person is not legally entitled, and
(e) for such other purposes (whether in
accordance with functions under an enactment or otherwise) as the [Regulations]
may specify.
(4) The [Regulations] must include provision
about the destruction of biometric information.
(5) In particular the [Regulations] must require
the [Minister] to take all reasonable steps to ensure that biometric
information is destroyed if the [Minister] –
(a) no longer thinks that it is necessary to
retain the information for use as mentioned in subsection (2), or
(b) is satisfied that the person to whom the
information relates is a British citizen, or a Commonwealth citizen who has a
right of abode in [Jersey] as a result of section 2(1)(b) of the
Immigration Act 1971 [(as extended to Jersey by the Immigration (Jersey) Order
1993[19])].
(6) The [Regulations] must also –
(a) require that any requirement to destroy
biometric information by virtue of the [Regulations] also applies to copies of
the information, and
(b) require the [Minister] to take all
reasonable steps to ensure –
(i) that
data held in electronic form which relates to biometric information which has
to be destroyed by virtue of the [Regulations] is destroyed or erased, or
(ii) that
access to such data is blocked.
(7) But a requirement to destroy biometric information
or data is not to apply if and in so far as the information or data is retained
in accordance with and for the purposes of another power.
(8) The [Regulations] must include
provision –
(a) entitling a person whose biometric
information has to be destroyed by virtue of the [Regulations], on request, to
a certificate issued by the [Minister] to the effect that the [Minister] has
taken the steps required by virtue of subsection (6)(b), and
(b) requiring such a certificate to be issued
within the period of 3 months beginning with the date on which the request
for it is received by the [Minister].
(9) Section 6(6) applies to [Regulations]
under this section as it applies to [Regulations] under
section 5(1).”
(2) In
the Immigration and Asylum Act 1999, after section 144 insert –
“144A Use and retention of
fingerprints etc.
(1) Section 8 of the UK Borders Act 2007
(power to make [Regulations] about use and retention of biometric information)
applies to –
(a) fingerprints taken by virtue of
section 141, and
(b) biometric information taken by virtue of [directions]
under section 144,
as it applies to biometric
information provided in accordance with [Regulations] under section 5(1)
of that Act.
(2) Regulations made by virtue of
subsection (1)(a) must require fingerprints taken from a person
(“F”) by virtue of section 141(7)(f) to be destroyed when
fingerprints taken from the person whose dependant F is are destroyed.
(3) Regulations made by virtue of
subsection (1)(b) must make equivalent provision in relation to biometric
information taken by virtue of any provision of [directions] under
section 144 which is equivalent to section 141(7)(f).”
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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
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PART 7
FINAL PROVISIONS
72–76 *
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77 Short
title
This Act may be cited as the Immigration Act 2014.
SCHEDULES
SCHEDULE 1
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SCHEDULE 2
Meaning of biometric information
Immigration Act 1971 (c.
77)
1
(1) Schedule 2
to the Immigration Act 1971 (entry control) is amended as follows.
(2) In
paragraph 4(5) –
(a) after
“provide” insert “biometric”;
(b) omit
from “about his external physical characteristics” to the end.
(3) After
paragraph 4(5) insert –
“(6) “Biometric
information” has the meaning given by section 15 of the UK Borders
Act 2007.”
(4) In
paragraph 18(2A), for “fingerprints” substitute
“biometric information (within the meaning given by section 15 of
the UK Borders Act 2007)”.
Immigration and Asylum Act
1999 (c. 33)
2
(1) Section 144
of the Immigration and Asylum Act 1999 (provision for collecting physical data
other than fingerprints) is amended as follows.
(2) In
subsection (1), for “data about external physical
characteristics” substitute “biometric information”.
(3) For
subsection (2) substitute –
“(2) “Biometric
information” has the meaning given by section 15 of the UK Borders
Act 2007.”
Nationality, Immigration
and Asylum Act 2002 (c. 41)
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Asylum and Immigration (Treatment
of Claimants, etc.) Act 2004 (c. 19)
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SCHEDULES 3–9
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