Immigration
(Biometric Information) (Jersey) Order 2018
Made by Her Majesty in Council 12th December 2018
Registered by the
Royal Court 21st
December 2018
In force 28th
December 2018
HER MAJESTY, in exercise of the powers conferred upon Her by section 170(7) of
the Immigration and Asylum Act 1999, section 163(4) of the Nationality,
Immigration and Asylum Act 2002 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
(1) This
Order may be cited as the Immigration (Biometric Information) (Jersey) Order
2018 and comes into force on the seventh day after the day on which it is
registered by the Royal Court of Jersey.
(2) In
this Order –
“the 1999 Act” means the
Immigration and Asylum Act 1999;
“the 2002 Act” means the Nationality,
Immigration and Asylum Act 2002;
“the 2014 Act” means the
Immigration Act 2014;
“Jersey” means the Bailiwick
of Jersey.
(3) For
the purposes of construing provisions of the 1999 Act, the 2002 Act and
the 2014 Act as part of the law of Jersey, a reference to an enactment
which extends to Jersey is construed as a reference to that enactment as it has
effect in Jersey.
2 Extension
of the 1999 Act to Jersey
Section 145 of the 1999 Act
(Codes of practice) shall extend to Jersey subject to the modifications
specified in Schedule 1 to this Order.
3 Extension
of the 2002 Act to Jersey
The following provisions of the 2002 Act
shall extend to Jersey –
(a) sections
126 to 128 (Provision of information by traveller); and
(b) section
164 (Short title),
subject to the modifications, if any,
specified in Schedule 2 to this Order.
4 Extension of the 2014 Act to Jersey
The following provisions of the 2014 Act shall
extend to Jersey –
(a) section 8
(Provision of biometric information with
immigration applications);
(b) section 14(3)
(Use and retention of biometric information: amendment of section 126 of
the 2002 Act);
(c) paragraphs 3
and 4 of Schedule 2 (amendment of sections 126 and 127 of the
2002 Act); and
(d) section 73(6)
and paragraph 19 of Schedule 9 (Transitional and consequential
provision),
subject to the modifications, if any,
specified in Schedule 3 to this Order.
Consequential amendments
5
In the Schedule to the Immigration and Asylum Act 1999 (Jersey)
Order 2003[1], the entry relating to
section 144 of the 1999 Act (other methods of collecting data about
physical characteristics) is omitted.
6
In Schedule 2 to the Immigration (Biometric Registration)
(Jersey) Order 2018[2] in paragraph 3, in
sub-paragraph (a)(ii) and sub-paragraph (b) for
“ “directions” ” substitute
“ “Orders” ”.
richard tilbrook
Clerk of the Privy Council
SCHEDULE 1
(Article 2)
MODIFICATIONs of section 145
of the IMMIGRATION AND ASYLUM Act 1999 as It extendS to
jersey
1
In section 145 (Codes of practice) –
(a) in
subsection (4) for “Secretary of State” substitute
“Minister”;
(b) for
subsection (6) substitute –
“(6) “Code” means any
code of practice for the time being in force under the Police Procedures and
Criminal Evidence (Jersey) Law 2003[3].”;
(c) omit
subsection (7).
SCHEDULE 2
(Article 3)
MODIFICATIONs of sections 126, 127 and 128 of the
NATIONALITY, immigration AND ASYLUM Act 2002 as they
extend to jersey
1
In section 126 (Physical data: compulsory
provision) –
(a) in
subsection (1) for “Secretary of State may by regulations”
substitute “States may by Regulations”;
(b) in
subsection (2) for “the United Kingdom” in both places it
occurs substitute “Jersey”;
(c) in
subsection (4)(f) for “Secretary of State” substitute
“Minister”;
(d) in
subsection (7) for “regulations” in both places it occurs
substitute “Regulations”;
(e) omit
subsection (8);
(f) in
subsection (9) after the definition of “entry clearance”
insert –
“ “Jersey”
means the Bailiwick of Jersey, and
“Minister”
means the Minister for Home Affairs.”.
2
In section 127 (Physical data:
voluntary provision) –
(a) in
subsection (1) for “the United Kingdom” substitute
“Jersey”;
(b) in
subsections (1) and (2) for “Secretary of State” substitute
“Minister”.
3
In section 128 (Data collection under
Immigration and Asylum Act 1999) –
(a) for
subsection (1) substitute –
“(1) For section 144 of the
Immigration and Asylum Act 1999 (c. 33) (collection of data about external
physical characteristics) substitute –
“144 Power to make
provision about other biometric information
(1) The
Minister may make Orders containing provisions equivalent to sections 141,
142 and 143 in relation to such other methods of collecting biometric
information as may be prescribed.
(2) “Biometric
information” has the meaning given by section 15 of the UK Borders
Act 2007.”.”;
(b) in
subsection (2) (in the inserted subsection (2A)) for
“regulations” substitute “an Order”.
SCHEDULE 3
(Article 4)
MODIFICATIONs of sections 8 and 14(3) of, and
schedule 2 to, the immigration Act 2014 as they
extend to jersey
1
In section 8 (Provision of biometric
information with immigration applications) in subsection (2) –
(a) omit
the inserted paragraph (d);
(b) in
the inserted paragraph (e) –
(i) for
“the United Kingdom” substitute “Jersey”;
(ii) after
“section 2(2) of the European Communities Act 1972” insert
“or Article 2 of the European Union Legislation (Implementation)
(Jersey) Law 2014[4].”.
2
In section 14(3) (Use and retention
of biometric information) in the inserted subsection (8A) for “regulations”
in both places it occurs substitute “Regulations”.
3
In paragraph 4 of Schedule 2
(amendment of section 127 of the Nationality, Immigration and Asylum Act
2002) in subparagraph (4) –
(a) in
paragraph (a) omit “and”;
(b) omit
paragraph (b); and
(c) for
paragraph (c) substitute –
“(c) for paragraph (c)
substitute –
“(c) “Jersey”, and
(d) “Minister”.” ”.
IMMIGRATION AND ASYLUM ACT 1999
(1999 c. 33)
ARRANGEMENT OF SECTIONS
PARTS
I–VI
* *
*
* * * *
PART
VII
POWER TO ARREST, SEARCH AND
FINGERPRINT
128–143 *
* *
*
*
*
*
Fingerprinting
[144 Power
to make provision about other biometric information]
Codes
of practice
145 Codes
of practice
Use
of force
146 *
* *
*
*
*
*
PARTS
VIII–X
* *
*
* * * *
SCHEDULES: * *
*
*
*
* *
ELIZABETH II
IMMIGRATION AND ASYLUM ACT 1999
1999 CHAPTER
33
AN ACT to
make provision about immigration and asylum; to make provision about procedures
in connection with marriage on superintendent registrar’s certificate; and
for connected purposes.
[11th November 1999]
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[5] –
PARTS I–VI
*
*
*
* * * *
PART VII
POWER TO ARREST, SEARCH AND
FINGERPRINT
128–143 *
*
*
*
*
*
*
Fingerprinting
[144 Power
to make provision about other biometric information
(1) The
Minister may make Orders containing provisions equivalent to sections 141,
142 and 143 in relation to such other methods of collecting biometric
information as may be prescribed.
(2) “Biometric
information” has the meaning given by section 15 of the UK Borders
Act 2007.]
Codes of practice
145 Codes of
practice
(1) An
immigration officer exercising any specified power to –
(a) arrest,
question, search or take fingerprints from a person,
(b) enter
and search premises, or
(c) seize
property found on persons or premises,
must have regard to such provisions of a
code as may be specified.
(2) Subsection (1)
also applies to an authorised person exercising the power to take fingerprints
conferred by section 141.
[(2A) A
person exercising a power under [an Order] made by virtue of section 144
must have regard to such provisions of a code as may be specified.]
(3) Any
specified provision of a code may have effect for the purposes of this section
subject to such modifications as may be specified.
(4) “Specified”
means specified in a direction given by the [Minister].
(5) “Authorised
person” has the same meaning as in section 141.
[(6) “Code”
means any code of practice for the time being in force under the Police
Procedures and Criminal Evidence (Jersey) Law 2003[6].]
(7) *
* * * *
Use of force
146 *
*
*
*
*
*
*
PARTS
VIII–X
* *
*
*
*
*
*
SCHEDULES
*
*
*
*
*
* *
NATIONALITY, IMMIGRATION AND ASYLUM ACT 2002
(2002 c. 41)
CONTENTS
PARTS 1–5
*
*
*
*
*
* *
PART 6
IMMIGRATION PROCEDURE
118–125 *
*
*
*
*
*
*
Provision
of information by traveller
126 Physical
data: compulsory provision
127 Physical
data: voluntary provision
128 Data
collection under Immigration and Asylum Act 1999
129–142 *
*
*
*
*
*
*
PART 7
*
* *
*
*
*
*
PART 8
GENERAL
157–163 *
*
*
*
*
*
*
164 Short title
SCHEDULES
*
*
*
*
*
*
*
ELIZABETH II
NATIONALITY, IMMIGRATION AND ASYLUM ACT 2002
2002 CHAPTER
41
AN ACT to
make provision about nationality, immigration and asylum; to create offences in
connection with international traffic in prostitution; to make provision about
international projects connected with migration; and for connected purposes.
[7th November 2002]
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[7] –
PARTS 1–5
*
*
*
*
*
*
*
PART 6
IMMIGRATION PROCEDURE
118–125 *
*
*
*
*
*
*
Provision of information by traveller
126 Physical
data: compulsory provision
(1) The
[States may by Regulations] –
(a) require
an immigration application to be accompanied by specified [biometric
information];
(b) enable
an authorised person to require an individual who makes an immigration
application to provide [biometric information];
(c) enable
an authorised person to require an entrant to provide [biometric information].
(2) In
subsection (1) “immigration application” means an application
for –
(a) entry
clearance,
(b) leave
to enter or remain in [Jersey], * *
(c) variation
of leave to enter or remain in [Jersey],
[(d) *
*
*
*
*
(e) a
document issued as evidence that a person who is not a national of an EEA state
or Switzerland is entitled to enter or remain in [Jersey] by virtue of an
enforceable EU right or of any provision made under section 2(2) of the
European Communities Act 1972 [or Article 2 of the European Union
Legislation (Implementation) (Jersey) Law 2014[8]].]
(3) Regulations
under subsection (1) may not –
(a) impose
a requirement in respect of a person to whom section 141 of the
Immigration and Asylum Act 1999 (c. 33) (fingerprinting) applies, during
the relevant period within the meaning of that section, or
(b) enable
a requirement to be imposed in respect of a person to whom that section
applies, during the relevant period within the meaning of that section.
(4) Regulations
under subsection (1) may, in particular –
(a) require,
or enable an authorised person to require, the provision of [biometric]
information in a specified form;
(b) require
an individual to submit, or enable an authorised person to require an
individual to submit, to a specified process by means of which [biometric]
information is obtained or recorded;
(c) make
provision about the effect of failure to provide [biometric] information or to
submit to a process (which may, in particular, include provision for an
application to be disregarded or dismissed if a requirement is not satisfied);
(d) confer
a function (which may include the exercise of a discretion) on an authorised
person;
(e) require
an authorised person to have regard to a code (with or without modification);
(f) require
an authorised person to have regard to such provisions of a code (with or
without modification) as may be specified by direction of the [Minister];
[(fa) provide for
biometric information to be recorded on any document issued as a result of the
application in relation to which the information was provided;]
(g) *
*
*
*
*
(h) make
provision which applies generally or only in specified cases or circumstances;
(i) make
different provision for different cases or circumstances.
(5) *
* * * *
(6) In
so far as Regulations under subsection (1) require an individual under the
age of 16 to submit to a process, the Regulations must make provision
similar to section 141(3) to (5) and (13) of the Immigration and Asylum
Act 1999 (fingerprints: children).
(7) In
so far as [Regulations] under subsection (1) enable an authorised person
to require an individual under the age of 16 to submit to a process, the
[Regulations] must make provision similar to section 141(3) to (5), (12)
and (13) of that Act (fingerprints: children).
(8) *
* * * *
[(8A) Section 8 of the UK
Borders Act 2007 (power to make [Regulations] about use and retention of
biometric information) applies to biometric information provided in accordance
with [Regulations] under subsection (1) as it applies to biometric
information provided in accordance with [Regulations] under section 5(1)
of that Act.]
(9) In
this section –
“authorised person” has the meaning given by
section 141(5) of the Immigration and Asylum Act 1999 (authority to take
fingerprints),
[“biometric information” has the meaning given by
section 15 of the UK Borders Act 2007,]
“code” has the meaning given by section 145(6) of
that Act (code of practice),
[“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),]
“entrant” has the meaning given by section 33(1) of
the Immigration Act 1971 (c. 77) (interpretation),
“entry clearance” has the meaning given by
section 33(1) of that Act, *
*
[“Jersey” means the Bailiwick
of Jersey, and
“Minister” means the Minister
for Home Affairs.]
*
* * * *.
127 Physical
data: voluntary provision
(1) The
[Minister] may operate a scheme under which an individual may supply, or submit
to the obtaining or recording of, [biometric information] to be used (wholly or
partly) in connection with entry to [Jersey].
(2) In
particular, the [Minister] may –
(a) require
an authorised person to use [biometric] information supplied under a scheme;
(b) make
provision about the collection, use and retention of [biometric] information
supplied under a scheme (which may include provision requiring an authorised
person to have regard to a code);
(c) charge
for participation in a scheme.
(3) In
this section the following expressions have the same meaning as in
section 126 –
(a) “authorised
person”,
[(aa) “biometric
information”, * *]
(b) “code”,
and
[(c) “Jersey”,
and
(d) “Minister”].
128 Data
collection under Immigration and Asylum Act 1999
[See sections 144 and 145(2A) of the
Immigration and Asylum Act 1999.]
129–142 *
*
*
*
*
*
*
PART 7
*
*
*
*
*
*
*
PART 8
GENERAL
157–163 *
*
*
*
*
*
*
164 Short
title
This Act may be cited as the Nationality, Immigration and Asylum Act
2002.
SCHEDULES
* *
*
*
*
*
*
IMMIGRATION ACT 2014
(2014 c. 22)
CONTENTS
PART 1
REMOVAL AND OTHER POWERS
1–7 *
*
*
*
*
*
*
Biometrics
8 Provision of
biometric information with immigration applications
9–13 *
*
*
*
*
*
*
14 Use
and retention of biometric information
PARTS 2–6
*
*
*
*
*
* *
PART 7
FINAL PROVISIONS
72 *
*
*
*
*
*
*
73 Transitional
and consequential provision
74–77 *
*
*
*
*
*
*
SCHEDULE 1 – * * * * * * *
SCHEDULE 2 – Meaning of
biometric information
SCHEDULES 3–8 – * * * * * * *
SCHEDULE 9 – Transitional and
consequential provision
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[9] –
PART 1
REMOVAL AND OTHER POWERS
1–7 *
*
*
*
*
*
*
Biometrics
8 Provision
of biometric information with immigration applications
[See section 126(2), (4)(fa) and (9) of the Nationality,
Immigration and Asylum Act 2002.]
9–13 *
*
*
*
*
*
*
14 Use
and retention of biometric information
[See section 126(8A) of the
Nationality, Immigration and Asylum Act 2002.]
PARTS 2–6
*
*
*
*
*
*
*
PART 7
FINAL PROVISIONS
72 *
*
*
*
*
*
*
73 Transitional
and consequential provision
(1) *
* * * *
(2) *
* * * *
(3) *
* * * *
(4) *
* * * *
(5) *
* * * *
(6) Schedule 9
(transitional and consequential provision) has effect.
74–77 *
*
*
*
*
*
*
SCHEDULES
SCHEDULE 1
*
*
*
*
*
*
*
SCHEDULE 2
MEANING OF BIOMETRIC
INFORMATION
Immigration Act 1971 (c.
77)
*
*
*
*
*
*
*
Immigration and Asylum Act
1999 (c. 33)
*
*
*
*
*
*
*
Nationality, Immigration
and Asylum Act 2002 (c. 41)
3
[See section 126(1), (4) and
(9) of the Nationality, Immigration and Asylum Act 2002.]
4
[See section 127 of the
Nationality, Immigration and Asylum Act 2002.]
Asylum and Immigration (Treatment
of Claimants, etc.) Act 2004 (c. 19)
5 *
*
*
*
*
*
*
SCHEDULES 3–8
*
*
*
*
*
*
*
SCHEDULE 9
TRANSITIONAL AND
CONSEQUENTIAL PROVISION
1–18 *
*
*
*
*
*
*
19
[See section 126 of the
Nationality, Immigration and Asylum Act 2002.]
[5] Deletions
and words in square brackets indicate adaptations and modifications made by The
Immigration (Biometric Information) (Jersey) Order 2018
[7] Deletions
and words in square brackets indicate adaptations and modifications made by The
Immigration (Biometric Information) (Jersey) Order 2018
[9] Deletions
and words in square brackets indicate adaptations and modifications made by The
Immigration (Biometric Registration) (Jersey) Order 2018