SCHEDULE
Article 2
EXTENSION AND MODIFICATION OF PROVISIONS OF THE IMMIGRATION AND ASYLUM ACT 1999 TO JERSEY
Provisions extended |
Modifications |
Section 1 (leave to enter) (inserting section 3A into the 1971 Act) |
In the inserted section 3A, (a) at each place where “United Kingdom” appears, substitute “Bailiwick of Jersey”; (b) in subsection (1), for “Secretary of State may by order make further provision” substitute “Lieutenant Governor may give directions”; (c) in subsection (2), for “an order” substitute “directions”; (d) in subsection (3) for “Secretary of State may by order provide” substitute “Lieutenant Governor may give directions”; (e) in subsection (4), for “An order” substitute “Directions” and for “Secretary of State” substitute “Lieutenant Governor”; (f) in subsection (6), for “an order made” substitute “directions given”; (g) in subsection (7), for “Secretary of State” substitute “Lieutenant Governor” and for “an order made” substitute “directions given”; (h) in subsection (8), for “An order” substitute “Directions”, for “the order” (both places) substitute “the directions” and for “Secretary of State” (both places) substitute “Lieutenant Governor”; (i) in subsection (10), for “An order” substitute “Directions” and for “Secretary of State” substitute “Lieutenant Governor”; (j) in subsection (11), for “order made” substitute “directions given”; (k) omit subsections (12) and (13). |
Section 2 (leave to remain) (inserting section 3B into the 1971 Act) |
In the inserted section 3B, (a) in subsection (1), for “Secretary of State may by order make further provision” substitute “Lieutenant Governor may give directions” and for “United Kingdom” substitute “Bailiwick of Jersey”; (b) in subsection (2) for “An order” substitute “Directions” and for “United Kingdom” substitute “Bailiwick of Jersey”; (c) in subsection (3), for “An order” substitute “Directions” and for “Secretary of State” substitute “Lieutenant Governor”; (d) in subsection (4), for “order made” substitute “directions given”; (e) omit subsections (5) and (6). |
Section 5 (charges) |
In subsection (1), for the words from “Secretary of State” to “prescribing” substitute “Committee may by order prescribe” and in subsection (1)(a) and (b), for “United Kingdom” (both places) substitute “Bailiwick of Jersey”. In subsection (2), omit the words “by the Secretary of State” and for “regulations” substitute “order”. In subsection (3)(b), for “regulations” substitute “order”. In subsection (4), for the words from “the Secretary of State” to the end, substitute “that part of the application must be entertained”. In subsection (5), for “United Kingdom” substitute “Bailiwick of Jersey”. In subsection (6), for the words from “subsection (1)” to “Part VI” substitute “subsection (15) of section 141”. |
Section 6 (members of missions other than diplomatic agents) |
For section 6, substitute the following— “6. In the 1971 Act, in section 8 (exceptions for certain categories of person)4— (a) in subsection (3), for the words “Diplomatic Privileges Act 1964” substitute “Privileges and Immunities (Diplomatic, Consular, etc) (Jersey) Law 1998” and omit the words “by that Act”; (b) for subsection (3A) (Members of Diplomatic Missions), substitute— “(3A) For the purposes of subsection (3) a member of a mission other than a diplomatic agent (as defined by the 1998 Law) is not to count as a member of a mission unless— (a) he was resident outside the Bailiwick of Jersey, and was not in the Bailiwick of Jersey, when he was offered a post as such a member; and (b) he has not ceased to be such a member after having taken up the post.””. |
Section 7 (persons ceasing to be exempt) (inserting section 8A into the 1971 Act) |
In the inserted sections 8A(2) and (3), for “United Kingdom” (in each place) substitute “Bailiwick of Jersey”. |
Section 8 (persons excluded from the United Kingdom under international obligations) (inserting section 8B into the 1971 Act) |
In the inserted section 8B, (a) in subsections (1) and (2), for “United Kingdom” (each place) substitute “Bailiwick of Jersey”; (b) in subsection (5), for “Secretary of State” substitute “Committee”; and (c) omit subsections (7) and (8). |
Section 10 (removal of certain persons unlawfully in the United Kingdom) |
At each place where “United Kingdom” appears, substitute “Bailiwick of Jersey”. Omit subsection (2). In subsections (3) and (4) (both places), for “Secretary of State” substitute “Lieutenant Governor”. In subsection (7), for “21 and 22 to 24”, substitute “and 21”. In subsection (9), for “Secretary of State” substitute “Committee”. |
Section 13 (proof of identity of persons to be removed or deported) |
In subsection (1)(a), for “United Kingdom” substitute “Bailiwick of Jersey”. In subsections (2) and (3), for “Secretary of State” (both places) substitute “Lieutenant Governor”. Omit subsection (4). |
Section 14 (escorts for persons removed from the United Kingdom under directions) |
At each place where “United Kingdom” appears, substitute “Bailiwick of Jersey”. In subsection (2), for “Secretary of State may by regulations” substitute “Committee may by order”. In subsection (3), for “The regulations” substitute “Such order”. In subsection (3)(c), for “Secretary of State”, substitute “Committee”. |
Section 15 (protection of claimants from removal or deportation) |
In subsection (1), for “Secretary of State” substitute “Lieutenant Governor” and for “United Kingdom” substitute “Bailiwick of Jersey”. Omit subsection (4). |
Section 18 (passenger information) (inserting paragraph 27B into Schedule 2 to the 1971 Act) |
In the inserted paragraph 27B, (a) at each place where “United Kingdom” appears, substitute “Bailiwick of Jersey”; (b) in sub-paragraph (8)(a), for “Secretary of State” substitute “Lieutenant Governor”; (c) in sub-paragraph (9), after “specified” insert “by the Lieutenant Governor”; (d) omit sub-paragraphs (10) and (11). |
Section 19 (notification of non-EEA arrivals) (inserting paragraph 27C into Schedule 2 to the 1971 Act) |
At each place where “United Kingdom” appears in the inserted paragraph 27C, substitute “Bailiwick of Jersey”. |
Section 25 (immigration control: facilities and charges) |
At each place where “Secretary of State” appears, substitute “Committee”. Omit subsections (2), (3), (4) and (5). |
Section 26 (charges: immigration control) |
In subsection (1) for “Secretary of State” substitute “Committee” and for “he” substitute “it”. |
Section 28 (deception) (inserting section 24A into the 1971 Act) |
In the inserted section 24A, (a) at each place where “United Kingdom” appears, substitute “Bailiwick of Jersey”; (b) for subsection (3) substitute— “3 A person guilty of an offence under this section is liable on conviction to imprisonment for a term not exceeding two years or to a fine, or to both”; (c) omit subsection (4). |
Section 29 (facilitation of entry) (amending section 25 of the 1971 Act)5 |
In the inserted section 25(1D), after “obligations” insert “in respect of the Bailiwick of Jersey” and for “United Kingdom” at the second place where those words appear, substitute “Bailiwick of Jersey”. |
Section 30 (false statements etc) (amending section 26 of the 1971 Act)6 |
In subsection (3), omit the inserted section 26(3)(c) and in the inserted section 26(3)(d), omit the words “(apart from Part VI)”. |
Section 31 (defences based on Article 31(1) of the Refugee Convention) |
At each place where “United Kingdom” appears, substitute “Bailiwick of Jersey”. For subsections (3) and (4) substitute— “3 The offences to which this section applies are those— (a) of fraud, (b) of uttering a forged document, (c) under section 24A of the 1971 Act (deception), or (d) under section 26(1)(d) of the 1971 Act (falsification of documents), and any attempt to commit any of those offences.”. In subsection (7), for “Secretary of State” substitute “Lieutenant Governor”. Omit subsections (8) and (9). For subsections (10) and (11)... |
