The Immigration (Jersey) Order 2021
| Jurisdiction | UK Non-devolved |
| Citation | SI 2021/1281 |
2021 No. 1281
Immigration
The Immigration (Jersey) Order 2021
Made 10th November 2021
Coming into force in accordance with article 1(1)
At the Court at Windsor Castle, the 10th day of November 2021
Present,
The Queen’s Most Excellent Majesty in Council
Her Majesty, in exercise of the powers conferred upon Her by the enactments specified in article 2, is pleased, by and with the advice of Her Privy Council, to order as follows:
Citation, commencement and interpretation
1.—(1) This Order may be cited as the Immigration (Jersey) Order 2021 and comes into force on such day or days (after this Order has been registered by the Royal Court of Jersey) as the Minister may by Order appoint, and different days may be appointed for different provisions and for different purposes.
(2) In this Order—
“” means the Immigration Act 19711;
“” means the British Nationality Act 19812;
“” means the Criminal Justice Act 19823;
“” means the Immigration Act 19884;
“” means the Asylum and Immigration Appeals Act 19935;
“” means the Asylum and Immigration Act 19966;
“” means the Immigration and Asylum Act 19997;
“” means the Nationality, Immigration and Asylum Act 20028;
“” means the Asylum and Immigration (Treatment of Claimants, etc.) Act 20049;
“” means the Immigration, Asylum and Nationality Act 200610;
“” means the UK Borders Act 200711;
“” means the Borders, Citizenship and Immigration Act 200912;
“” means the Immigration Act 201413;
“” means the Counter-Terrorism and Security Act 201514;
“” means the Immigration Act 201615;
“” means the Policing and Crime Act 201716;
“” means the Sanctions and Anti-Money Laundering Act 201817;
“” means the Immigration and Social Security Co-ordination (EU Withdrawal) Act 202018.
(3) In this Order—
“” means the Acts referred to in paragraph (2);
“” means the Minister for Home Affairs (of Jersey).
(4) The Interpretation (Jersey) Law 195419applies—
(a)
(a) to this Order;
(b)
(b) to the provisions of the Acts as extended by this Order; and
(c)
(c) in relation to an enactment made— ,
(i) under this Order, or
(ii) under the provisions so extended,
as though this Order and the provisions so extended were a Law.
(5) In construing the Acts as extended by this Order –
(a)
(a) a reference to an enactment of the United Kingdom is a reference to that enactment as it has effect in Jersey;
(b)
(b) a reference to the Immigration Acts is a reference to the Immigration Acts of the United Kingdom as they have effect for the time being as extended to Jersey;
(c)
(c) a reference to the standard scale is a reference to the standard scale for the time being in the Schedule to the Criminal Justice (Standard Scale of Fines) (Jersey) Law 199320.
Enabling powers
2. The enactments conferring the powers under which this Order is made are—
(a) section 36 of the 1971 Act (power to extend provisions to the Islands);
(b) section 53(5) of the 1981 Act (citation, commencement and extent);
(c) section 81(11) and (12) of the 1982 Act (citation and extent);
(d) section 12(5) of the Immigration Act 1988 Act (short title, interpretation, commencement and extent);
(e) section 15(1) of the 1993 Act (extent);
(f) section 13(5) of the 1996 Act (short title, interpretation, commencement and extent);
(g) section 170(7) of the 1999 Act (short title, commencement and extent)
(h) section 163(4) of the 2002 Act (extent);
(i) section 49(3) of the 2004 Act (extent);
(j) section 63(3) of the 2006 Act (extent);
(k) section 60(4) of the 2007 Act (extent);
(l) section 57(5) of the 2009 Act (extent);
(m) section 76(6) of the 2014 Act (extent);
(n) section 51(3) of the 2015 Act (extent);
(o) section 95(5) of the 2016 Act (extent);
(p) section 183(7) of the 2017 Act (extent);
(q) section 63(6) of the 2018 Act (extent); and
(r) section 8(2) and (3) of the 2020 Act (extent).
Extension of the 1971 Act to Jersey
3.—(1) Each of the provisions of the 1971 Act specified in column 1 of Schedule 1 to this Order is extended to Jersey with the modifications (if any) specified in column 2 of the Schedule.
(2) Where a provision specified in column 1 has been amended, substituted or inserted by other provisions, the reference in column 1 is to the provision as amended, substituted or inserted by the other provisions specified in column 1 in relation to the provision extended.
(3) Schedule 1A to this Order sets out the provisions of the 1971 Act as extended to Jersey.
Extension of the 1988 Act to Jersey
4.—(1) Each of the provisions of the 1988 Act specified in column 1 of Schedule 2 to this Order is extended to Jersey with the modifications (if any) specified in column 2 of the Schedule.
(2) Where a provision specified in column 1 has been amended, substituted or inserted by other provisions, the reference in column 1 is to the provision as amended, substituted or inserted by the other provisions specified in column 1 in relation to the provision extended.
(3) Schedule 2A to this Order sets out the provisions of the 1988 Act as extended to Jersey.
Extension of the 1993 Act to Jersey
5.—(1) Each of the provisions of the 1993 Act specified in column 1 of Schedule 3 to this Order is extended to Jersey with the modifications (if any) specified in column 2 of the Schedule.
(2) Where a provision specified in column 1 has been amended, substituted or inserted by other provisions, the reference in column 1 is to the provision as amended, substituted or inserted by the other provisions specified in column 1 in relation to the provision extended.
(3) Schedule 3A to this Order sets out the provisions of the 1988 Act as extended to Jersey.
Extension of the 1999 Act to Jersey
6.—(1) Each of the provisions of the 1999 Act specified in column 1 of Schedule 4 to this Order is extended to Jersey with the modifications (if any) specified in column 2 of the Schedule.
(2) Where a provision specified in column 1 has been amended, substituted or inserted by other provisions, the reference in column 1 is to the provision as amended, substituted or inserted by the other provisions specified in column 1 in relation to the provision extended.
(3) Schedule 4A to this Order sets out the provisions of the 1999 Act as extended to Jersey.
Extension of the 2002 Act to Jersey
7.—(1) Each of the provisions of the 2002 Act specified in column 1 of Schedule 5 to this Order is extended to Jersey with the modifications (if any) specified in column 2 of the Schedule.
(2) Where a provision specified in column 1 has been amended, substituted or inserted by other provisions, the reference in column 1 is to the provision as amended, substituted or inserted by the other provisions specified in column 1 in relation to the provision extended.
(3) Schedule 5A to this Order sets out the provisions of the 2002 Act as extended to Jersey.
Extension of the 2004 Act to Jersey
8.—(1) Each of the provisions of the 2004 Act specified in column 1 of Schedule 6 to this Order is extended to Jersey with the modifications (if any) specified in column 2 of the Schedule.
(2) Where a provision specified in column 1 has been amended, substituted or inserted by other provisions, the reference in column 1 is to the provision as amended, substituted or inserted by the other provisions specified in column 1 in relation to the provision extended.
(3) Schedule 6A to this Order sets out the provisions of the 2004 Act as extended to Jersey.
Extension of the 2006 Act to Jersey
9.—(1) Each of the provisions of the 2006 Act specified in column 1 of Schedule 7 to this Order is extended to Jersey with the modifications (if any) specified in column 2 of the Schedule.
(2) Where a provision specified in column 1 has been amended, substituted or inserted by other provisions, the reference in column 1 is to the provision as amended, substituted or inserted by the other provisions specified in column 1 in relation to the provision extended.
(3) Schedule 7A to this Order sets out the provisions of the 2006 Act as extended to Jersey.
Extension of the 2007 Act to Jersey
10.—(1) Each of the provisions of the 2007 Act specified in column 1 of Schedule 8 to this Order is extended to Jersey with the modifications (if any) specified in column 2 of the Schedule.
(2) Where a provision specified in column 1 has been amended, substituted or inserted by other provisions, the reference in column 1 is to the provision as amended, substituted or inserted by the other provisions specified in column 1 in relation to the provision extended.
(3) Schedule 8A to this Order sets out the provisions of the 2007 Act as extended to Jersey.
Extension of the 2009 Act to Jersey
11.—(1) Each of the provisions of the 2009 Act specified in column 1 of Schedule 9 to this Order shall extend to Jersey with the modifications (if any) specified in column 2 of the Schedule.
(2) Where a provision specified in column 1 has been amended, substituted or inserted by other provisions, the reference in column 1 is to the provision as amended, substituted or inserted by the other provisions specified in column 1 in relation to the provision extended.
(3) Schedule 9A to this Order sets out the provisions of the 2009 Act as extended to Jersey.
Extension of the 2014 Act to Jersey
12.—(1) Each of the provisions of the 2014 Act specified in column 1 of Schedule 10 to this Order is extended to Jersey with the modifications (if any) specified in column 2 of the Schedule.
(2) Where a provision specified in column 1 has been amended, substituted or inserted by other provisions, the reference in column 1 is to the provision as...
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