Immigration (Guernsey) Order 1993

JurisdictionUK Non-devolved

1993No. 1796

IMMIGRATION

The Immigration (Guernsey) Order 1993

20thJuly1993

1stAugust1993

At the Court at Buckingham Palace, the 20th day of July 1993

Present,

The Queen's Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by section 36 of the Immigration Act 1971 ( a), section 53(5) of the British Nationality Act 1981 ( b), section 81(11) of the Criminal Justice Act 1982 ( c), section 2(3) of the Immigration (Carriers' Liability) Act 1987 ( d) and section 12(5) of the Immigration Act 1988 ( e), 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 1993 and shall come into force on 1st August 1993.

2. In this Order-

"the 1971 Act" means the Immigration Act 1971;

"the 1981 Act" means the British Nationality Act 1981;

"the 1987 Act" means the Immigration (Carriers' Liability) Act 1987; and

"the 1988 Act" means the Immigration Act 1988;

and "Guernsey" means the Bailiwick of Guernsey.

3.- (1) Sections 1 to 9, 11, 24 to 29, 32, 33 and 37 of the 1971 Act and Schedules 2 to 4 to that Act shall extend, with the modifications specified in Part I of Schedule 1 to this Order, to Guernsey.

(2) Section 39(8) of the 1981 Act shall extend to Guernsey.

(3) The 1987 Act shall extend, with the modifications specified in Part II of Schedule 1 to this Order, to Guernsey.

(4) Sections 2, 7, 8, 9 and 12 of the 1988 Act shall extend, with the modifications specified in Part III of Schedule 1 to this Order, to Guernsey.

4.- (1) Subject to paragraph (2), for the purposes of construing provisions of the 1971 Act, the 1981 Act, the 1987 Act and the 1988 Act, as extended by article 3, as part of the law of Guernsey, any reference to an enactment which extends to Guernsey shall be construed as a reference to that enactment as it has effect in Guernsey.

(2) Paragraph (1) does not apply to the reference in section 8(4) of the 1971 Act to the International Headquarters and Defence Organisations Act 1964 ( f).

(a) 1971 c.77.

(b) 1981 c.61.

(c) 1982 c.48.

(d) 1987 c.24.

(e) 1988 c.14.

(f) 1964 c.5.

5. The Orders specified in Schedule 2 to this Order are revoked to the extent specified.

N. H. Nicholls

Clerk of the Privy Council

SCHEDULE 1

PART I

Article 3(1)

THE 1971 ACT

1. In section 1 (general principles)( a)-

(a) for the words "United Kingdom", wherever occurring, substitute "Bailiwick of Guernsey";(b) in subsection (3) for the words "any of the Islands (that is to say, the Channel Islands and the Isle of Man)" substitute "the United Kingdom, the Bailiwick of Jersey, the Isle of Man"; and(c) in subsection (4) for the words "laid down by the Secretary of State" substitute "made by the Board".

2. In section 2 (right of abode)( b) for the words "United Kingdom" , wherever occurring, substitute "Bailiwick of Guernsey".

3. In section 3 (general provisions for regulation and control( c)-

(a) in subsection (1)-(i) for the words "United Kingdom", wherever occurring, substitute "Bailiwick of Guernsey", and(ii) in paragraph (c) for the words "with the police" substitute "as provided under section 4(3) below";(b) in subsection (2)-(i) for the words from "The Secretary of State" to "laid down by him" substitute "The Board may from time to time make rules",(ii) for the words "United Kingdom" substitute "Bailiwick of Guernsey", and(iii) for the words from "If a statement" to "as aforesaid)." substitute-

"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.";

(c) in subsections (3) to (7) for the words "United Kingdom", wherever occurring, substitute "Bailiwick of Guernsey";(d) in subsection (5) for the words "Secretary of State" substitute "Lieutenant-Governor";(e) in subsection (7) omit the words from "Any Order in Council" to the end; and(f) in subsection (9) for the words "United Kingdom", in the first and fourth places in which they occur, substitute "Bailiwick of Guernsey".

4. In section 4 (administration of control)( d)

(a) in subsection (1) for the words from "The power" to "Secretary of State" substitute "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",

and omit the words "made by statutory instrument";

(a) Section 1(5) was repealed by the Immigration Act 1988, section 1.

(b) Section 2 was substituted by the British Nationality Act 1981, section 39(2), and amended by the Immigration Act 1988, section 3(3).

(c) Section 3 was amended by the British Nationality Act 1981, section 39(3) and (6) and Schedule 4 paragraphs 2 and 4, and by the Immigration Act 1988, sections 3(1) and 10 and Schedule, paragraph 1.

(d) Section 4 was amended by the British Nationality Act 1981, section 39(6) and Schedule 4 paragraph 2, and by S.I. 1990/2227.

(b) in subsection (2) for the words "United Kingdom", wherever occurring, substitute "Bailiwick of Guernsey" and omit the words "or through the tunnel system";(c) in subsection (3)-(i) for the words from "The Secretary of State" to "either House of Parliament," substitute "The States may by Ordinance",(ii) omit the words "with the police",(iii) for the words "the regulations", wherever occurring, substitute "such an Ordinance",(iv) in paragraph (a) for the words "officers of police" substitute "body or person", and(v) in paragraph (b) for the words "as to the place" substitute "as to the body or person with whom and as to the place"; and(d) in subsection (4) for the words from "The Secretary of State" to "appears to him to be" substitute "The States may by Ordinance make such provision as appears".

5. In section 5 (deportation)( a)-

(a) for the words "United Kingdom", wherever occurring, substitute "Bailiwick of Guernsey";(b) in subsections (1) and (2) for the words "Secretary of State" substitute "Lieutenant-Governor"; and(c) in subsection (6) for the words "Secretary of State" substitute "Board".

6. In section 6 (recommendations by court for deportation( b)-

(a) in subsection (1) omit the words after "sentence him for the offence";(b) in subsection (2) for the words from "adjournment" to "Northern Ireland" substitute "a court to adjourn";(c) in subsection (6) omit the words after "bringing that appeal"; and(d) omit subsection (7).

7. In section 7 (exemption from deportation-

(a) in subsection (1)-(i) for the words "United Kingdom" where first occurring substitute "Bailiwick of Guernsey", and(ii) for the words "Secretary of State's", wherever occurring, substitute "Lieutenant-Governor's"; and(b) in subsection (4) omit the words after "unlawfully at large".

8. In section 8 (exceptions for seamen, etc.)( c)-

(a) in subsection (1) for the words "United Kingdom", wherever occurring, substitute "Bailiwick of Guernsey";(b) for subsection (2) substitute-

"(2) The Board may, with the concurrence of the Lieutenant-Governor, direct that any particular person or class of persons shall be exempt, either unconditionally or subject to such conditions as the Board may impose, from all or any of the provisions of this Act relating to those who are not British citizens.";

(c) in subsection (3) after the words "otherwise entitled" insert "within the United Kingdom";(d) in subsections (3A), (4)(b) and (5A), and wherever occurring in subsection (5), for the words "United Kingdom" substitute "Bailiwick of Guernsey";(e) in subsections (5) and (5A) for the word "order"...

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