Immigration (Guernsey) Order 1972
| Jurisdiction | UK Non-devolved |
| Citation | SI 1972/1719 |
| Year | 1972 |
1972 No. 1719
IMMIGRATION
The Immigration (Guernsey) Order 197214thNovember 1972
14thNovember 1972
At the Court at Buckingham Palace, the 14th day of November 1972
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, in exercise of the powers conferred on Her by section 36 of the Immigration Act 1971(a), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
1. This Order may be cited as the Immigration (Guernsey) Order 1972 and shall come into operation forthwith.
2. The Interpretation Act 1889(b) shall apply for the interpretation of this Order as it applies for the interpretation of an Act of Parliament.
3. The provisions of Parts I, III and IV of the Immigration Act 1971 (including the Schedules dependent thereon) shall extend to the Bailiwick of Guernsey with such exceptions, adaptations and modifications as are specified in the Schedule hereto.
W. G. Agnew.
SCHEDULE
EXCEPTIONS, ADAPTATIONS AND MODIFICATIONS
References to the Act and other enactments
1.—(1) Subject as hereinafter provided and save where the context otherwise requires, any reference to the Act or any provision thereof shall be construed as a reference thereto as extended to the Bailiwick of Guernsey.
(2) Subject as hereinafter provided, any reference to any other enactment shall be construed as a reference thereto as it has effect in the Bailiwick of Guernsey.
References to the Secretary of State
2.—(1) Subject as hereinafter provided, for any reference to the Secretary of State there shall be substituted a reference to the Lieutenant-Governor.
(a) 1971 c. 77.
(b) 1889 c. 63.
(2) In the following provisions, that is to say in sections 1(4), 5(6) and 29(2), in Schedule 2, paragraphs 10(3), 14(3), 19(1) and 20(1) and, in Schedule 3, paragraph 1(4), for any reference to the Secretary of State there shall be substituted a reference to the Board (defined as the Board of Administration).
References to the United Kingdom
3.—(1) Subject as hereinafter provided, for any reference to the United Kingdom there shall be substituted a reference to the Bailiwick of Guernsey.
(2) Nothing in this paragraph shall affect any reference to the United Kingdom and Islands, to the United Kingdom or Islands or to a citizen of the United Kingdom and Colonies or any cognate reference.
References to a constable
4. For any reference to a constable there shall be substituted a reference to a police officer.
Exercise of powers
5. Any requirement that a power be exercised by statutory instrument shall be omitted.
Section 1
6.—(1) In section 1(3) for the words "any of the Islands (that is to say, the Channel Islands and Isle of Man)" there shall be substituted the words "the United Kingdom, the Bailiwick of Jersey, the Isle of Man".
(2) In section 1(4) for the words "laid down" there shall be substituted the word "made".
Section 2
7. Nothing in paragraph 3 of this Schedule shall affect any reference in section 2(3) or (4) to the United Kingdom.
Section 3
8.—(1) In section 3(1)(c) for the words "with the police" there shall be substituted the words "as provided under section 4(3) below".
(2) In the first paragraph of section 3(2) for the words from "The Secretary of State shall from time to time" to "laid down by him as to" there shall be substituted the words "The Board may from time to time make rules as to" and for the second paragraph thereof there shall be substituted the following provision:—
"As soon as may be after the making of any such rules the Board shall lay them before the States and, if at the meeting at which they are laid or at the next subsequent meeting the States resolve that the rules shall be disapproved, then the Board shall, as soon as may be, revoke or amend those rules by further rules, as appears to them requisite in the circumstances; and the provisions of this paragraph shall apply in relation to such further rules.".
(3) In section 3(7) the words "Any Order in Council" to the end shall be omitted.
Section 4
9.—(1) In section 4(1) for the words preceding the semi-colon there shall be substituted the following words:—
"(1) The following powers under this Act shall be exercised as hereinafter provided, that is to say—
(a) the power to give or refuse leave to enter the Bailiwick of Guernsey shall be exercised by immigration officers,
(b) the power to give leave to remain in the Bailiwick of Guernsey and the power under section 3(3)(a) to vary any leave as regards duration, shall be exercised by the Lieutenant-Governor, and
(c) the power under section 3(3)(a) to vary any leave otherwise than as regards duration shall be exercised by the Board.".
(2) In section 4(3)—
(a) for the words "The Secretary of State" to "Parliament," there shall be substituted the words "The States may by Ordinance" and for the words "the regulations", in each place where they occur, there shall be substituted the words "such an ordinance";
(b) the words "with the police" shall be omitted;
(c) for the words "officers of police" there shall be substituted the words "body or person";
(d) before the words "as to the place and manner" there shall be inserted the words "as to the body or person with whom...
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