LegalizeThe Immigration (Jersey) Order 2021
| Provision as extended to Jersey |
|---|
| Detention at ports |
| Designated immigration officers. |
| 1.—(1) The Minister may designate immigration officers for the purposes of section 2.(2) The Minister may designate only officers who the Minister thinks are–(a) fit and proper for the purpose, and(b) suitably trained.(3) A designation–(a) may be permanent or for a specified period, and(b) may (in either case) be revoked. |
| Detention. |
| 2.—(1) A designated immigration officer at a port in Jersey may detain an individual if the immigration officer thinks that the individual–(a) may be liable to arrest by a police officer under Article 3(1) of the Honorary Police (Jersey) Law 1974 or Article 16(2) of the States of Jersey Police Force Law 2012, or(b) is subject to a warrant for arrest.(2) A designated immigration officer who detains an individual–(a) must arrange for a police officer to attend as soon as is reasonably practicable,(b) may search the individual for, and retain, anything that might be used to assist escape or to cause physical injury to the individual or another person,(c) must retain anything found on a search which the immigration officer thinks may be evidence of the commission of an offence, and(d) must, when the police officer arrives, deliver to the police officer the individual and anything retained on a search.(3) An individual may not be detained under this section for longer than three hours.(4) A designated immigration officer may use reasonable force for the purpose of exercising a power under this section.(5) Where an individual whom a designated immigration officer has detained or attempted to detain under this section leaves the port, a designated immigration officer may–(a) pursue the individual, and(b) return the individual to the port. |
| Enforcement. |
| 3.—(1) An offence is committed by a person who–(a) absconds from detention under section 2,(b) assaults an immigration officer exercising a power under section 2, or(c) obstructs an immigration officer in the exercise of a power under section 2.(2) A person guilty of an offence under subsection (1) shall be liable to–(a) imprisonment for a term not exceeding the general limit in a magistrates’ court,(b) a fine not exceeding level 3 on the standard scale, or(c) both. |
| Interpretation: “port”. |
| 4.—(1) In section 2 “port” includes an airport.(2) A place shall be treated for the purposes of that section as a port in relation to an individual if a designated immigration officer believes that the individual–(a) has gone there for the purpose of embarking on a ship or aircraft, or(b) has arrived there on disembarking from a ship or aircraft. |
| Biometric registration |
| Registration Regulations. |
| 5.—(1) The States may make Regulations–(a) requiring a person subject to immigration control to apply for the issue of a document recording biometric information (a “biometric immigration document”);(b) requiring a biometric immigration document to be used–(i) for specified immigration purposes,(ii) in connection with specified immigration procedures, or(iii) in specified circumstances, where a question arises about a person’s status in relation to nationality or immigration;(c) requiring a person who produces a biometric immigration document by virtue of paragraph (b) to provide information for comparison with information provided in connection with the application for the document.(2) Regulations under subsection (1)(a) may, in particular–(a) apply generally or only to a specified class of persons subject to immigration control (for example, persons making or seeking to make a specified kind of application for immigration purposes);(b) specify the period within which an application for a biometric immigration document must be made;(c) make provision about the issue of biometric immigration documents;(d) make provision about the content of biometric immigration documents (which may include non-biometric information);(e) make provision permitting a biometric immigration document to be combined with another document;(f) make provision for biometric immigration documents to begin to have effect, and cease to have effect, in accordance with the Regulations;(g) require a person who acquires a biometric immigration document, without the consent of the person to whom it relates or of the Minister, to surrender it to the Minister as soon as is reasonably practicable;(h) permit the Minister to require the surrender of a biometric immigration document in other specified circumstances;(i) permit the Minister on issuing a biometric immigration document to require the surrender of other documents connected with immigration or nationality.(3) Regulations under subsection (1)(a) may permit the Minister to cancel a biometric immigration document–(a) if the Minister thinks that information provided in connection with the document was or has become false, misleading or incomplete,(b) if the Minister thinks that the document has been lost or stolen,(c) if the Minister thinks that the document (including any information recorded in it) has been altered, damaged or destroyed (whether deliberately or not),(d) if the Minister thinks that an attempt has been made (whether successfully or not) to copy the document or to do anything to enable it to be copied,(e) if the Minister thinks that a person has failed to surrender the document in accordance with subsection (2)(g) or (h),(f) if the Minister thinks that the document should be re-issued (whether because the information recorded in it requires alteration or for any other reason),(g) if the Minister thinks that the holder is to be given leave to enter or remain in Jersey,(h) if the Minister thinks that the holder’s leave to enter or remain in Jersey is to be varied, cancelled or invalidated or to lapse,(i) if the Minister thinks that the holder has died,(j) if the Minister thinks that the holder has been removed from Jersey (whether by deportation or otherwise),(k) if the Minister thinks that the holder has left Jersey without retaining leave to enter or remain, and(l) in such other circumstances as the Regulations may specify.(4) Regulations under subsection (1)(a) may require notification to be given to the Minister by the holder of a biometric immigration document–(a) who knows or suspects that the document has been lost or stolen,(b) who knows or suspects that the document has been altered or damaged (whether deliberately or not),(c) who knows or suspects that information provided in connection with the document was or has become false, misleading or incomplete,(d) who was given leave to enter or remain in Jersey in accordance with a provision of rules under section 3 of the Immigration Act 1971 (immigration rules) and knows or suspects that owing to a change of the holder’s circumstances the holder would no longer qualify for leave under that provision, or(e) in such other circumstances as the Regulations may specify.(5) Regulations under subsection (1)(a) may require a person applying for the issue of a biometric immigration document to provide information (which may include biographical or other non-biometric information) to be recorded in it or retained by the Minister; and, in particular, the Regulations may–(a) require, or permit an authorised person to require, the provision of information in a specified form;(b) require an individual to submit, or permit an authorised person to require an individual to submit, to a specified process by means of which biometric information is obtained or recorded;(c) confer a function (which may include the exercise of a discretion) on an authorised person;(d) permit the Minister, instead of requiring the provision of information, to use or retain information which is (for whatever reason) already in the Minister’s possession.(6) Regulations under subsection (1)(b) may, in particular, require the production or other use of a biometric immigration document that is combined with another document.(7) Regulations under subsection (1)(b) may not make provision the effect of which would be to require a person to carry a biometric immigration document at all times.(8) Regulations under subsection (1)(c) may, in particular, make provision of a kind specified in subsection (5)(a) or (b).(9) Rules under section 3 of the Immigration Act 1971 may require a person applying for the issue of a biometric immigration document to provide non-biometric information to be recorded in it or retained by the Minister.(10) Subsections (5) to (9) are without prejudice to the generality of section 50 of the Immigration, Asylum and Nationality Act 2006 (procedure). |
| Regulations: supplemental. |
| 6.—(1) This section applies to Regulations under section 5(1).(2) Regulations amending or replacing earlier Regulations may require a person who holds a biometric immigration document issued under the earlier Regulations to apply under the new Regulations.(3) In so far as Regulations require an individual under the age of 16 to submit to a process for the recording of biometric information, or permit an authorised person to require an individual under the age of 16 to submit to a process of that kind, the Regulations must make provision similar to section 141(3) to (5) and (13) of the Immigration and Asylum Act 1999 (fingerprints: children).(4) Rules under section 3 of the Immigration Act 1971 (immigration rules) may make provision by reference to compliance or non-compliance with Regulations.(5) Information in the Minister’s possession which is used or retained in accordance with Regulations under section 5(5)(d) shall be treated, for the purpose of requirements about treatment and destruction, as having been provided in accordance with the Regulations at the time at which it is used or retained in accordance with them.(6) Regulations–(a) may make provision having effect generally or only in specified cases or circumstances,(b) may make different provision for different cases or circumstances, and(c) may include incidental, consequential or transitional provision. |
| Effect of non-compliance. |
| 7.—(1) Regulations under section 5(1) must include provision about the effect of failure to comply with a requirement of the Regulations.(2) In particular, the Regulations may–(a) require or permit an application for a biometric immigration document to be refused;(b) require or permit an application or claim in connection with immigration to be disregarded or refused;(c) require or permit the cancellation or variation of leave to enter or remain in Jersey;(d) require the Minister to consider giving a notice under section 9;(e) provide for the consequence of a failure to be at the discretion of the Minister.(2A) If the Regulations require a biometric immigration document to be used in connection with an application or claim, they may require or permit the application or claim to be disregarded or refused if that requirement is not complied with.(3) The Regulations may also permit the Minister to designate an adult as the person responsible for ensuring that a child complies with requirements of the Regulations; and for that purpose–(a) “adult” means an individual who has attained the age of 18,(b) “child” means an individual who has not attained the age of 18, and(c) sections 9 to 13 shall apply (with any necessary modifications) to a designated adult’s failure to ensure compliance by a child with a requirement of Regulations as they apply to a person’s own failure to comply with a requirement. |
| Use and retention of biometric information. |
| 8.—(1) The States must by Regulations make provision about the use and retention by the Minister of biometric information provided in accordance with Regulations under section 5(1).(2) The Regulations must provide that biometric information may be retained only if the Minister thinks that it is necessary to retain it for use in connection with—(a) the exercise of a function by virtue of the Immigration Acts, or(b) the exercise of a function in relation to nationality.(3) The Regulations may include provision permitting biometric information retained by virtue of subsection (2) also to be used—(a) in connection with the prevention, investigation or prosecution of an offence,(b) for a purpose which appears to the Minister to be required in order to protect national security,(c) in connection with identifying persons who have died, or are suffering from illness or injury,(d) for the purpose of ascertaining whether a person has acted unlawfully, or has obtained or sought anything to which the person is not legally entitled, and(e) for such other purposes (whether in accordance with functions under an enactment or otherwise) as the Regulations may specify.(4) The Regulations must include provision about the destruction of biometric information.(5) In particular the Regulations must require the Minister to take all reasonable steps to ensure that biometric information is destroyed if the Minister—(a) no longer thinks that it is necessary to retain the information for use as mentioned in subsection (2), or(b) is satisfied that the person to whom the information relates is a British citizen, or a Commonwealth citizen who has a right of abode in Jersey as a result of section 2(1)(b) of the Immigration Act 1971.(6) The Regulations must also—(a) require that any requirement to destroy biometric information by virtue of the Regulations also applies to copies of the information, and(b) require the Minister to take all reasonable steps to ensure—(i) that data held in electronic form which relates to biometric information which has to be destroyed by virtue of the regulations is destroyed or erased, or(ii) that access to such data is blocked.(7) But a requirement to destroy biometric information or data is not to apply if and in so far as the information or data is retained in accordance with and for the purposes of another power.(8) The Regulations must include provision—(a) entitling a person whose biometric information has to be destroyed by virtue of the Regulations, on request, to a certificate issued by the Minister to the effect that the Minister has taken the steps required by virtue of subsection (6)(b), and(b) requiring such a certificate to be issued within the period of 3 months beginning with the date on which the request for it is received by the Minister.(9) Section 6(6) applies to Regulations under this section as it applies to Regulations under section 5(1). |
| Penalty. |
| 9.—(1) The Minister may by notice require a person to pay a penalty for failing to comply with a requirement of Regulations under section 5(1).(2) The notice must–(a) specify the amount of the penalty,(b) specify a date before which the penalty must be paid to the Minister,(c) specify methods by which the penalty may be paid,(d) explain the grounds on which the Minister thinks the person has failed to comply with a requirement of the Regulations, and(e) explain the effect of sections 10 to 12.(3) The amount specified under subsection (2)(a) may not exceed £1,000.(4) The date specified under subsection (2)(b) must be not less than 14 days after the date on which the notice is given.(5) A person who has been given a notice under subsection (1) for failing to comply with Regulations may be given further notices in the case of continued failure; but a person may not be given a new notice–(a) during the time available for objection or appeal against an earlier notice, or(b) while an objection or appeal against an earlier notice has been instituted and is neither withdrawn nor determined.(6) The Minister may by Order amend subsection (3) to reflect a change in the value of money since 25 November 2008. |
| Penalty: objection. |
| 10.—(1) A person (P) who is given a penalty notice under section 9(1) may by notice to the Minister object on the grounds–(a) that P has not failed to comply with a requirement of Regulations under section 5(1),(b) that it is unreasonable to require P to pay a penalty, or(c) that the amount of the penalty is excessive.(2) A notice of objection must–(a) specify the grounds of objection and P’s reasons,(b) comply with any prescribed requirements as to form and content, and(c) be given within the prescribed period.(3) The Minister shall consider a notice of objection and–(a) cancel the penalty notice,(b) reduce the penalty by varying the penalty notice,(c) increase the penalty by issuing a new penalty notice, or(d) confirm the penalty notice.(4) The Minister shall act under subsection (3) and notify P–(a) in accordance with any prescribed requirements, and(b) within the prescribed period or such longer period as the Minister and P may agree. |
| Penalty: appeal. |
| 11.—(1) A person (P) who is given a penalty notice under section 9(1) may appeal to the Petty Debts Court.(2) An appeal may be brought on the grounds–(a) that P has not failed to comply with a requirement of Regulations under section 5(1),(b) that it is unreasonable to require P to pay a penalty, or(c) that the amount of the penalty is excessive.(3) The Petty Debts Court may–(a) cancel the penalty notice,(b) reduce the penalty by varying the penalty notice,(c) increase the penalty by varying the penalty notice (whether because the Court thinks the original amount insufficient or because the Court thinks that the appeal should not have been brought), or(d) confirm the penalty notice.(4) An appeal may be brought–(a) whether or not P has given a notice of objection, and(b) irrespective of the Minister’s decision on any notice of objection.(5) The Petty Debts Court may consider matters of which the Minister was not and could not have been aware before giving the penalty notice.(6) Rules of court may make provision about the timing of an appeal under this section. |
| Penalty: enforcement. |
| 12.—(1) Where a penalty has not been paid before the date specified in the penalty notice in accordance with section 9(2)(b), it may be recovered as a debt due to the Minister.(2) Where a notice of objection is given in respect of a penalty notice, the Minister may not take steps to enforce the penalty notice before–(a) deciding what to do in response to the notice of objection, and(b) informing the objector.(3) The Minister may not take steps to enforce a penalty notice while an appeal under section 11–(a) could be brought (disregarding any possibility of an appeal out of time with permission), or(b) has been brought and has not been determined or abandoned.(4) In proceedings for the recovery of a penalty no question may be raised as to the matters specified in sections 10 and 11 as grounds for objection or appeal.(5) Money received by the Minister in respect of a penalty shall form part of the annual income of the States. |
| Penalty: code of practice. |
| 13.—(1) The Minister shall issue a code of practice setting out the matters to be considered in determining–(a) whether to give a penalty notice under section 9(1), and(b) the amount of a penalty.(2) The code may, in particular, require the Minister to consider any decision taken by virtue of section 7.(3) The Petty Debts Court shall, when considering an appeal under section 11, have regard to the code.(4) The Minister may revise and re-issue the code.(5) Before issuing or re-issuing the code the Minister must–(a) publish proposals, and(b) consult members of the public.(6) The code (or re-issued code) shall come into force at the prescribed time. |
| Penalty: prescribed matters. |
| 14.—(1) In sections 10 to 13 “prescribed” means prescribed by the Minister by Order.(2) An Order under subsection (1) or under section 9(6)–(a) may make provision generally or only for specified purposes, and(b) may make different provision for different purposes. |
| Interpretation. |
| 15.—(1) For the purposes of section 5–(a) “person subject to immigration control” means a person who under the Immigration Act 1971 requires leave to enter or remain in Jersey (whether or not such leave has been given),(b) “the Minister” means the Minister for Home Affairs,(d) “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),(e) “authorised person” has the meaning given by section 141(5) of the Immigration and Asylum Act 1999 (authority to take fingerprints),(f) “immigration” includes asylum, and(g) Regulations or an Order permitting something to be done by the Minister may (but need not) permit it to be done only where the Minister is of a specified opinion.(1A) For the purposes of section 5 “biometric information” means—(a) information about a person’s external physical characteristics (including in particular fingerprints and features of the iris), and(b) any other information about a person’s physical characteristics specified in an Regulations made by the States.(1B) Regulations under subsection (1A)(b)—(a) may specify only information that can be obtained or recorded by an external examination of a person;(b) must not specify information about a person’s DNA.(1C) Section 6(6) applies to Regulations under subsection (1A)(b) as it applies to Regulations under section 5(1).(2) An application for a biometric immigration document is an application in connection with immigration for the purposes of–(a) section 50(1) and (2) of the Immigration, Asylum and Nationality Act 2006 (procedure), and(b) sections 67A and 68 of the Immigration Act 2014 (fees);and in the application of either of those sections to an application for a biometric immigration document, the prescribed consequences of noncompliance may include any of the consequences specified in section 7(2) above. |
| Enforcement |
| Assaulting an immigration officer: offence. |
| 22.—(1) A person who assaults an immigration officer commits an offence.(2) A person guilty of an offence under this section shall be liable to–(a) imprisonment for a period not exceeding the general limit in a magistrates’ court,(b) a fine not exceeding level 3 on the standard scale, or(c) both. |
| Assaulting an immigration officer: powers of arrest, &c. |
| 23.—(1) An immigration officer may arrest a person without warrant if the officer reasonably suspects that the person has committed or is about to commit an offence under section 22.(2) An offence under section 22 shall be treated as–(a) a relevant offence for the purposes of sections 28B and 28D of the Immigration Act 1971 (search, entry and arrest), and(b) an offence under Part 3 of that Act (criminal proceedings) for the purposes of sections 28(4), 28E, 28G and 28H (search after arrest, &c.) of that Act.(3) The following provisions of the Immigration Act 1971 shall have effect in connection with an offence under section 22 of this Act as they have effect in connection with an offence under that Act–(a) section 28I (seized material: access and copying),(b) section 28J (search warrants: safeguards),(c) section 28K (execution of warrants), and(d) section 28L(1) (interpretation). |
| Disposal of property. |
| 26.—(1) In this section “property” means property which–(a) has come into the possession of an immigration officer, or(b) has come into the possession of the Minister in the course of, or in connection with, a function under the Immigration Acts.(2) The Magistrate’s Court may, on the application of the Minister or a claimant of property–(a) order the delivery of property to the person appearing to the Court to be its owner, or(b) if its owner cannot be ascertained, make any other order about property.(3) An order shall not affect the right of any person to take legal proceedings for the recovery of the property, provided that the proceedings are instituted within the period of six months beginning with the date of the order.(4) An order may be made in respect of property forfeited under section 25, or under section 25C of the Immigration Act 1971 (vehicles, &c.), only if–(a) the application under subsection (2) above is made within the period of six months beginning with the date of the forfeiture order, and(b) the applicant (if not the Minister) satisfies the Court–(i) that the applicant did not consent to the offender’s possession of the property, or(ii) that the applicant did not know and had no reason to suspect that the property was likely to be used, or was intended to be used, in connection with an offence.(5) The Minister may make provision by Order for the disposal of property–(a) where the owner has not been ascertained,(b) where an order under subsection (2) cannot be made because of subsection (4)(a), or(c) where the Court has declined to make an order under subsection (2) on the grounds that the Court is not satisfied of the matters specified in subsection (4)(b).(6) An Order under subsection (5) may make provision that is the same as or similar to provision that may be made by Order under Article 28 of the States of Jersey Police Force Law 2012; and the Order–(a) may apply, with or without modifications, an Order under that Law,(b) may, in particular, provide for property to vest in the Minister,(c) may make provision about the timing of disposal (which, in particular, may differ from provision made by or under the States of Jersey Police Force Law 2012), and(d) shall have effect only in so far as not inconsistent with an order of a court (whether or not under subsection (2) above).(7) For the purposes of subsection (1) it is immaterial whether property is acquired as a result of forfeiture or seizure or in any other way. |
| Requirement to state nationality. |
| 43A.—(1) An individual who is arrested for an offence must state his or her nationality if required to do so by an immigration officer or a police officer in accordance with this section.(2) A requirement may be imposed on an individual under subsection (1) only if the immigration officer or a police officer suspects that the individual may not be a British citizen.(3) When imposing a requirement under subsection (1) the immigration officer or police officer must inform the individual that an offence may be committed if the individual fails to comply with a requirement imposed under this section.(4) The immigration officer or police officer must make a written record of the imposition of a requirement under subsection (1) as soon as practicable.(5) The written record is to be made in the presence of the individual where this is practicable. |
| Offence of not giving nationality. |
| 43B.—(1) A person commits an offence if, without reasonable excuse, the person fails to comply with a requirement imposed in accordance with section 43A, whether by providing false or incomplete information or by providing no information.(2) Information provided by a person in response to a requirement imposed in accordance with section 43A is not admissible in evidence in criminal proceedings against that person other than proceedings for an offence under this section.(3) A person who is guilty of an offence under subsection (1) is liable to either or both of the following—(a) imprisonment for a term not exceeding the general limit in a magistrates’ court;(b) a fine. |
| Search for evidence of nationality. |
| 44.—(1) This section applies where an individual has been arrested on suspicion of the commission of an offence and an immigration officer or a police officer suspects–(a) that the individual may not be a British citizen, and(b) that nationality documents relating to the individual may be found on–(i) premises occupied or controlled by the individual,(ii) premises on which the individual was arrested, or(iii) premises on which the individual was, immediately before being arrested.(2) The immigration officer or police officer may enter and search the premises for the purpose of finding those documents.(3) The power of search may be exercised only with the written authority of a senior officer; and for that purpose–(a) “senior officer” means–(i) in relation to an immigration officer, an immigration officer of at least the rank of chief immigration officer, and(ii) in relation to a police officer, a police officer of at least the rank of inspector, and(b) a senior officer who gives authority must arrange for a written record to be made of–(i) the grounds for the suspicions in reliance on which the power of search is to be exercised, and(ii) the nature of the documents sought.(4) The power of search may not be exercised where the individual has been released without being charged with an offence.(5) In relation to an individual “nationality document” means a document showing–(a) the individual’s identity, nationality or citizenship,(b) the place from which the individual travelled to Jersey, or(c) a place to which the individual is proposing to go from Jersey. |
| Search for evidence of nationality: other premises. |
| 45.—(1) This section applies where an individual–(a) has been arrested on suspicion of the commission of an offence, and(b) has not been released without being charged with an offence.(2) If, on an application made by an immigration officer or a police officer, the Bailiff is satisfied that there are reasonable grounds for believing that–(a) the individual may not be a British citizen,(b) nationality documents relating to the individual may be found on premises mentioned in subsection (2A) ,(c) the documents would not be exempt from seizure under section 46(2), and(d) any of the conditions in subsection (3) below applies, in relation to each set of premises specified in the application,the Bailiff may issue a warrant authorising an immigration officer or police officer to enter and search the premises.(2A) The premises referred to in subsection (2)(b) above are—(a) one or more sets of premises specified in the application, or(b) subject to subsection (3A), any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an “all premises warrant”).(2B) If the application is for an all premises warrant, the Bailiff must also be satisfied—(a) that there are reasonable grounds for believing that it is necessary to search premises occupied or controlled by the person in question which are not specified in the application in order to find the nationality documents, and(b) that it is not reasonably practicable to specify in the application all the premises which the person occupies or controls and which might need to be searched.(2C) Subject to subsection (3A), the warrant may authorise entry to and search of premises on more than one occasion if, on the application, the justice of the peace is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose for which the Bailiff issues the warrant.(2D) If it authorises multiple entries, the number of entries authorised may be unlimited, or limited to a maximum.(3) The conditions mentioned in subsection (2)(d) are that–(a) it is not practicable to communicate with any person entitled to grant entry to the premises;(b) it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to the nationality documents;(c) entry to the premises will not be granted unless a warrant is produced;(d) the purpose of a search may be frustrated or seriously prejudiced unless an immigration officer or police officer arriving at the premises can secure immediate entry.(4) Sections 28J and 28K of the Immigration Act 1971 (warrants: application and execution) apply, with any necessary modifications, to warrants under this section. |
| Seizure of nationality documents. |
| 46.—(1) An immigration officer or police officer searching premises under section 44 or 45 may seize a document which the officer or police officer thinks is a nationality document in relation to the arrested individual.(2) Subsection (1) does not apply to a document which is subject to legal professional privilege.(3) An immigration officer or police officer may retain a document seized under subsection (1) while the officer or police officer suspects that–(a) the individual to whom the document relates may be liable to removal from Jersey in accordance with a provision of the Immigration Acts, and(b) retention of the document may facilitate the individual’s removal.(4) Section 28I of the Immigration Act 1971 (seized material: access and copying) shall have effect in relation to a document seized and retained by an immigration officer.(5) Article 23 of the Police Procedures and Criminal Evidence (Jersey) Law 2003 (seized material: access and copying) shall have effect in relation to a document seized and retained by a police officer. |
| Requirement to produce nationality document. |
| 46A.—(1) This section applies where—(a) an individual has been arrested on suspicion of the commission of an offence, and(b) the individual is to be released after arrest (whether or not on bail)—(i) before a decision is taken on whether the individual should be charged with an offence, or(ii) after being charged with an offence.(2) Before the individual is released an immigration officer or a police officer may give the individual a notice requiring the production of a nationality document not later than 72 hours after the individual is released.(3) A notice may be given under subsection (2) only if the immigration officer or police officer giving it suspects that the individual may not be a British citizen.(4) A notice under subsection (2) must be given in writing.(5) The notice must include statements that—(a) the individual to whom it is given must produce the nationality document not later than 72 hours after the individual is released, and(b) an offence may be committed if an individual fails to comply with a notice given under this section.(6) The notice must also set out—(a) the person to whom the document must be produced, and(b) the means by which the document must be produced.(7) In this section, and in sections 46B and 46C—“nationality document” means a passport relating to the individual or, if there is no passport relating to the individual, one or more documents that enable the individual’s nationality or citizenship to be established;“passport” means—(a) a United Kingdom passport (within the meaning of the Immigration Act 1971),(b) a passport issued by or on behalf of the authorities of a country or territory outside the United Kingdom and Islands, or by or on behalf of an international organisation, or(c) a document that can be used (in some or all circumstances) instead of a passport. |
| Retention of nationality document etc. |
| 46B.—(1) An immigration officer or police officer may retain a nationality document produced in response to a notice under section 46A(2) while the immigration officer or police officer suspects that—(a) the individual to whom the document relates may be liable to removal from Jersey in accordance with a provision of the Immigration Acts, and(b) retention of the document may facilitate the individual’s removal.(2) Section 28I of the Immigration Act 1971 (seized material: access and copying) has effect in relation to a nationality document produced by an individual in response to a notice under section 46A(2) and retained by an immigration officer as if the nationality document had been seized when the individual had custody or control of it.(3) Article 23 of the Police Procedures and Criminal Evidence (Jersey) Law 2003 (seized material: access and copying) has effect in relation to a nationality document produced by an individual in response to a notice under section 46A(2) and retained by a police officer as if the nationality document had been seized when the individual had custody or control of it. |
| Offence of failing to produce nationality document. |
| 46C.—(1) A person commits an offence if, without reasonable excuse, the person fails to comply with a notice given in accordance with section 46A.(2) The fact that a person deliberately destroyed or disposed of a nationality document is not a reasonable excuse for the purposes of subsection (1) unless the destruction or disposal was—(a) for a reasonable cause, or(b) beyond the control of the person charged with the offence.(3) In subsection (2)(a) “reasonable cause” does not include the purpose of—(a) delaying the handling or resolution of a claim or application or the taking of a decision,(b) increasing the chances of success of a claim or application, or(c) complying with instructions given by a person who offers advice about, or facilitates, immigration into Jersey, unless in the circumstances of the case it is unreasonable to expect non-compliance with the instructions or advice.(4) A person who is guilty of an offence under subsection (1) is liable on conviction, to either or both of the following—(a) imprisonment for a term not exceeding the general limit in a magistrates’ court;(b) a fine. |
| Citation. |
| 61.—(1) This Act may be cited as the UK Borders Act 2007. |
SCHEDULE 9 — Borders, Citizenship and Immigration Act 2009
| Column 1 Provision | Column 2 Modification |
|---|---|
| Section 54A: cross-heading | (No modification) |
| Section 54A: heading (see the 2014 Act s.3) | (No modification) |
| Section 54A as inserted by the 2014 Act s.3 | For subsections (1) and (2) substitute subsections (1) and (2) set out in Schedule 9A. In subsection (3) for “the United Kingdom” in each place substitute “Jersey”. In subsection (4) for “The Secretary of State may by regulations” substitute “Where Regulations have been made under subsection (1), the Minister may by Order”. For subsections (5), (6) and (7) substitute subsection (5) set out in Schedule 9A. |
| Section 55: heading | (No modification) |
| Section 55 | For “Secretary of State” in each place substitute “Minister”. In subsection (1)(a) for “the United Kingdom” substitute “Jersey”. In subsection (2) omit paragraphs (c) and (d). Omit subsections (4) and (5). In subsection (6) – (a) omit the definition of “customs function”; (b) after that insert ““the Minister” means the Minister for Home Affairs.”. Omit subsections (7) and (8). |
| Section 56: cross-heading only | (No modification) |
| Section 59: heading | (No modification) |
| Section 59 | (No modification) |
SCHEDULE 9A — Provisions of the Borders, Citizenship and Immigration Act 2009 as extended to Jersey
| Provision as extended to Jersey |
|---|
| Children |
| Independent Family Returns Panel. |
| 54A.—(1) The States may by Regulations establish a panel to be known as the Independent Family Returns Panel. (2) Where Regulations have been made under subsection (1), the Minister must consult the Independent Family Returns Panel in each family returns case, on how best to safeguard and promote the welfare of the children of the family. (3) A family returns case is a case where— (a) a child who is living in Jersey is to be removed from or required to leave Jersey, and (b) an individual who— (i) is a parent of the child or has care of the child, and (ii) is living in a household in Jersey with the child, is also to be removed from or required to leave Jersey. (4) Where Regulations have been made under subsection (1), the Minister may by Order make provision about— (a) additional functions of the Independent Family Returns Panel, (b) its status and constitution, (c) the appointment of its members, (d) the payment of remuneration and allowances to its members, and (e) any other matters in connection with its establishment and operation. (5) In this section— “child” means a person who is under the age of 18; “the Minister” means the Minister for Home Affairs; references to a person being removed from or required to leave Jersey are to the person being removed or required to leave in accordance with a provision of the Immigration Acts. |
| Duty regarding the welfare of children. |
| 55.—(1) The Minister must make arrangements for ensuring that— (a) the functions mentioned in subsection (2) are discharged having regard to the need to safeguard and promote the welfare of children who are in Jersey, and (b) any services provided by another person pursuant to arrangements which are made by the Minister and relate to the discharge of a function mentioned in subsection (2) are provided having regard to that need. (2) The functions referred to in subsection (1) are— (a) any function of the Minister in relation to immigration, asylum or nationality; (b) any function conferred by or by virtue of the Immigration Acts on an immigration officer. (3) A person exercising any of those functions must, in exercising the function, have regard to any guidance given to the person by the Minister for the purpose of subsection (1). (6) In this section— “children” means persons who are under the age of 18; “the Minister” means the Minister for Home Affairs. |
| General |
| Short title. |
| 59. This Act may be cited as the Borders, Citizenship and Immigration Act 2009. |
SCHEDULE 10 — Immigration Act 2014
| Column 1 Provision | Column 2 Modification |
|---|---|
| Cross-heading (after section 67) | (No modification) |
| Section 67A (new section): heading | Insert heading set out in Schedule 10A. |
| Section 67A (new section) | Insert (above section 68) section 67A set out in Schedule 10A. |
| Section 67B (new section): heading | Insert heading set out in Schedule 10A. |
| Section 67B (new section) | Insert section 67B set out in Schedule 10A. |
| Section 67C (new section) | Insert heading set out in Schedule 10A. |
| Section 67C (new section) | Insert section 67C set out in Schedule 10A. |
| Section 68: heading | After “Fees” add “(Secretary of State)” |
| Section 68 | In subsection (1) after “nationality” add “,other than functions for which a fee may be charged by virtue of an Order made by the Minister under section67A or by virtue of section67C”. In subsection (12) – (a) in the definition of “function in connection with immigration or nationality” for “the United Kingdom” substitute “Jersey”; (b) after that definition insert the definition of “the Minister” set out in Schedule 10A. |
| Section 69: heading | (No modification) |
| Section 69 | In subsection (2) for “the United Kingdom” substitute “Jersey”. After subsection (4) insert subsection (4A) set out in Schedule 10A. |
| Section 70: heading | (No modification) |
| In subsection (1)(a) for “the United Kingdom” substitute “Jersey”. After subsection (6) insert subsection (6A) set out in Schedule 10A. | |
| Section 71: cross-heading | (No modification) |
| Section 71: heading | (No modification) |
| Section 71 | For “Secretary of State” substitute “Minister”. |
| Section 77: heading | (No modification) |
| Section 77 | (No modification) |
SCHEDULE 10A — Provisions of the Immigration Act 2014 as extended to Jersey
| Provision as extended to Jersey |
|---|
| Fees |
| Fees (the Minister). |
| 67A.—(1) The Minister may by Order provide for fees to be charged in respect of the exercise of any function in connection with immigration or nationality exercised by – (a) the Lieutenant-Governor; (b) a Minister (within the meaning of Article 1(1) of the States of Jersey Law 2005), (c) an immigration officer or any other States’ employee within the meaning of the Employment of States of Jersey Employees (Jersey) Law 2005, other than a function exercised by the Lieutenant-Governor under arrangements made with the Secretary of State under section 43 of the British Nationality Act 1981. (2) An Order under subsection (1) may not provide for a fee to be charged in respect of the exercise of a function otherwise than in connection with an application or claim, or on request. (3) An Order under subsection (1) may set fees – (a) of a fixed amount; or (b) of an amount calculated by reference to an hourly rate or other factor. (4) In respect of any fee set by an Order under subsection (1), the Order may – (a) provide for exceptions; (b) provide for the reduction, waiver or refund of part or all of a fee (whether by conferring a discretion or otherwise); (c) make provision about – (i) the consequences of failure to pay a fee; (ii) enforcement; (iii) when a fee may or must be paid. (5) This section is without prejudice to any other power to charge a fee. (6) In this section and sections 67B and 67C – “function” includes a power or a duty; “function in connection with immigration or nationality” includes a function in connection with an enactment that relates wholly or partly to immigration or nationality; “the Minister” means the Minister for Home Affairs. (7) Any reference in this section and in section 67C to the exercise of a function includes a reference to its exercise in particular circumstances, including its exercise – (a) at particular times or in a particular place; (b) under particular arrangements; (c) otherwise in particular ways, and, for this purpose, “arrangements” includes arrangements for the convenience of applicants, claimants or persons making requests for the exercise of a function. |
| Fees orders (the Minister): supplemental. |
| 67B.—(1) A fee under section 67A may relate to something done outside Jersey. (2) Fees payable by virtue of section 67A may be recovered as a debt due to the Minister. (3) Fees charged under an Order made under section 67A shall form part of the annual income of the States. |
| Power to charge fees for attendance services in particular cases. |
| 67C.—(1) This section applies where a person exercises a function in connection with immigration or nationality in respect of which a fee is chargeable by virtue of an Order made under section 67A (a “chargeable function”) in a particular case and – (a) in doing so attends at a place outside Jersey, and time, agreed with a person (“the client”); and (b) does so at the request of the client. It is immaterial whether or not the client is a person in respect of whom the chargeable function is exercised. (2) In this section “attendance service” means the service described in subsection (1) except so far as it consists of the exercise of a chargeable function. (3) The following are to be disregarded in determining whether a fee is chargeable in respect of a function by virtue of an Order made under section 67A – (a) any exception provided for by the Order; (b) any power so provided to waive or refund a fee. (4) The person exercising the chargeable function may charge the client such fee for the purposes of recovering the costs of providing the attendance service as the person may determine. (5) Fees payable by virtue of subsection (4) may be recovered as a debt due to the States. (6) Fees charged under subsection (4) shall form part of the annual income of the States. (7) This section is without prejudice to section 67A or any other power to charge a fee. |
| Fees (the Secretary of State). |
| 68.—(1) The Secretary of State may provide, in accordance with this section, for fees to be charged in respect of the exercise of functions in connection with immigration or nationality, other than functions for which a fee may be charged by virtue of an Order made by the Minister under section 67A or by virtue of section 67C. (2) The functions in respect of which fees are to be charged are to be specified by the Secretary of State by order (“a fees order”). (3) A fees order— (a) must specify how the fee in respect of the exercise of each specified function is to be calculated, and (b) may not provide for a fee to be charged in respect of the exercise of a function otherwise than in connection with an application or claim, or on request. (4) For any specified fee, a fees order must provide for it to comprise one or more amounts each of which is— (a) a fixed amount, or (b) an amount calculated by reference to an hourly rate or other factor. (5) Where a fees order provides for a fee (or part of a fee) to be a fixed amount, it— (a) must specify a maximum amount for the fee (or part), and (b) may specify a minimum amount. (6) Where a fees order provides for a fee (or part of a fee) to be calculated as mentioned in subsection (4)(b), it— (a) must specify— (i) how the fee (or part) is to be calculated, and (ii) a maximum rate or other factor, and (b) may specify a minimum rate or other factor. (7) For any specified fee, the following are to be set by the Secretary of State by regulations (“fees regulations”)— (a) if the fee (or any part of it) is to be a fixed amount, that amount; (b) if the fee (or any part of it) is to be calculated as mentioned in subsection (4)(b), the hourly rate or other factor by reference to which it (or that part) is to be calculated. (8) An amount, or rate or other factor, set by fees regulations for a fee in respect of the exercise of a specified function— (a) must not— (i) exceed the maximum specified for that amount, or rate or other factor; (ii) be less than the minimum, if any, so specified; (b) subject to that, may be intended to exceed, or result in a fee which exceeds, the costs of exercising the function. (9) In setting the amount of any fee, or rate or other factor, in fees regulations, the Secretary of State may have regard only to— (a) the costs of exercising the function; (b) benefits that the Secretary of State thinks are likely to accrue to any person in connection with the exercise of the function; (c) the costs of exercising any other function in connection with immigration or nationality; (d) the promotion of economic growth; (e) fees charged by or on behalf of governments of other countries in respect of comparable functions; (f) any international agreement. This is subject to section 69(5). (10) In respect of any fee provided for under this section, fees regulations may— (a) provide for exceptions; (b) provide for the reduction, waiver or refund of part or all of a fee (whether by conferring a discretion or otherwise); (c) make provision about— (i) the consequences of failure to pay a fee; (ii) enforcement; (iii) when a fee may or must be paid. (11) Any provision that may be made by fees regulations by virtue of subsection (10) may be included instead in a fees order (and any provision so included may be amended or revoked by fees regulations). (12) In this section and sections 69 and 70— “costs” includes— (a) the costs of the Secretary of State, and (b) the costs of any other person (whether or not funded from public money); “fees order” has the meaning given by subsection (2); “fees regulations” has the meaning given by subsection (7); “function” includes a power or a duty; “function in connection with immigration or nationality” includes a function in connection with an enactment (including an enactment of a jurisdiction outside Jersey) that relates wholly or partly to immigration or nationality; “the Minister” means the Minister for Home Affairs; “specified” means specified in a fees order. (13) Any reference in this section or section 70 to the exercise of a function includes a reference to its exercise in particular circumstances, including its exercise— (a) at particular times or in a particular place; (b) under particular arrangements; (c) otherwise in particular ways, and, for this purpose, “arrangements” includes arrangements for the convenience of applicants, claimants or persons making requests for the exercise of a function. |
| Fees orders and fees regulations: supplemental. |
| 69.—(1) A fees order or fees regulations may be made only with the consent of the Treasury. (2) A fee under section 68 may relate to something done outside Jersey. (3) Fees payable by virtue of section 68 may be recovered as a debt due to the Secretary of State. (4) Fees paid to the Secretary of State by virtue of section 68 must— (a) be paid into the Consolidated Fund, or (b) be applied in such other way as the relevant order may specify. (4A) Notwithstanding subsections (3) and (4), in relation to a function exercised by or on behalf of the Lieutenant-Governor under arrangements made with the Secretary of State under section 43 of the British Nationality Act 1981 – (a) fees payable by virtue of section 68 may be recovered as a debt due to the Minister; and (b) fees paid by virtue of section 68 shall form part of the annual income of the States. (5) Section 68 is without prejudice to— (a) section 1 of the Consular Fees Act 1980 (fees for consular acts etc); (b) section 102 of the Finance (No. 2) Act 1987 (government fees and charges), or (c) any other power to charge a fee. |
| Power to charge fees for attendance services in particular cases. |
| 70.—(1) This section applies where a person exercises a function in connection with immigration or nationality in respect of which a fee is chargeable by virtue of a fees order (a “chargeable function”) in a particular case and— (a) in doing so attends at a place outside Jersey, and time, agreed with a person (“the client”), and (b) does so at the request of the client. It is immaterial whether or not the client is a person in respect of whom the chargeable function is exercised. (2) In this section “attendance service” means the service described in subsection (1) except so far as it consists of the exercise of a chargeable function. (3) The following are to be disregarded in determining whether a fee is chargeable in respect of a function by virtue of a fees order— (a) any exception provided for by a fees order or fees regulations; (b) any power so provided to waive or refund a fee. (4) The person exercising the chargeable function may charge the client such fee for the purposes of recovering the costs of providing the attendance service as the person may determine. (5) Fees paid to the Secretary of State by virtue of this section must be paid into the Consolidated Fund. (6) A fee payable by virtue of this section may be recovered as a debt due to the Secretary of State. (6A) Notwithstanding subsections (5) and (6), in relation to a function exercised by or on behalf of the Lieutenant-Governor under arrangements made with the Secretary of State under section 43 of the British Nationality Act 1981 – (a) fees paid by virtue of this section shall form part of the annual income of the States; and (b) a fee payable by virtue of this section may be recovered as a debt due to the Minister. (7) This section is without prejudice to— (a) section 68; (b) section 1 of the Consular Fees Act 1980 (fees for consular acts etc); (c) section 102 of the Finance (No. 2) Act 1987 (government fees and charges), or (d) any other power to charge a fee. Welfare of children |
| Duty regarding the welfare of children. |
| 71. For the avoidance of doubt, this Act does not limit any duty imposed on the Minister or any other person by section 55 of the Borders, Citizenship and Immigration Act 2009 (duty regarding the welfare of children). |
| Short title. |
| 77. This Act may be cited as the Immigration Act 2014. |
SCHEDULE 11 — Counter-Terrorism and Security Act 2015
| Column 1 Provision | Column 2 Modification |
|---|---|
| Part 1: heading | (No modification) |
| Chapter 1: heading | (No modification) |
| Section 1: heading | (No modification) |
| Section 1 | For section 1 substitute section 1 set out in Schedule 11A. |
| Chapter 2: heading | For “THE UNITED KINGDOM” substitute “JERSEY”. |
| Section 2: cross-heading | (No modification) |
| Section 2: heading | (No modification) |
| Section 2 | For “the United Kingdom” in each place (except subsections (3) and (5)) substitute “Jersey”. For “United Kingdom” in subsections (3) and (5) substitute “British Islands”. For “Secretary of State” in each place substitute “Minister”. In subsection (7)(a) for “court” substitute “Royal Court”. |
| Section 3: heading | For “court” substitute “Royal Court”. |
| Section 3 | For “Secretary of State” in each place substitute “Minister”. For “court” in each place (except in subsection(4)) substitute “Royal Court”. |
| Section 4: heading | (No modification) |
| Section 4 | For “Secretary of State” in each place substitute “Minister” In subsection(7) for “the United Kingdom” in both places substitute “Jersey”. In subsection(10) for “United Kingdom” substitute “British Islands”. |
| Section 5: cross-heading | (No modification) |
| Section 5: heading | (No modification) |
| Section 5 | For “the United Kingdom” in each place substitute “Jersey”. For “Secretary of State” in each place substitute “Minister”. |
| Section 6: heading | (No modification) |
| Section 6 | For “Secretary of State” in each place substitute “Minister”. In subsection(2)(a) for “constable” substitute “police officer”. In subsection(5) for “the United Kingdom” in both places substitute “Jersey”. |
| Section 7: heading | (No modification) |
| Section 7 | For “Secretary of State” in each place substitute “Minister”. In subsection(1) for “the United Kingdom” substitute “Jersey”. |
| Section 8: heading | (No modification) |
| Section 8 | For “Secretary of State” in each place substitute “Minister”. In subsections(2)(b) and (4) for “the United Kingdom” substitute “Jersey”. |
| Section 9: cross-heading | For “the United Kingdom” substitute “Jersey”. |
| Section 9: heading | For “the United Kingdom” substitute “Jersey”. |
| Section 9 | In subsections (1) and (4) for “Secretary of State” substitute “Minister”. In subsections (1) and (6) for “the United Kingdom” in each place substitute “Jersey”. In subsection(2) for paragraph (a) substitute paragraph (a) set out in Schedule 11A. After subsection(2) insertsubsection (2A) set out in Schedule 11A. |
| Section 10: cross-heading | (No modification) |
| Section 10: heading | (No modification) |
| Section 10 | In subsection(1) for “the United Kingdom” substitute “Jersey”. In subsection(4) for “regulations” substitute “an Order”. For subsection(5) substitutesubsection(5) set out in Schedule 11A. Omit subsection(6). Omit subsection(8). |
| Section 11: heading | (No modification) |
| Section 11 | In subsection(1) for “the United Kingdom” substitute “Jersey”. For “court” in each place substitute “Royal Court”. For “Secretary of State” in each place substitute “Minister”. For subsection(9) substitutesubsection(9) set out in Schedule 11A. |
| Section 12: heading | (No modification) |
| Section 12 | (No modification) |
| Section 13: cross-heading | (No modification) |
| Section 13: heading | For “Regulations” substitute “Orders”. |
| Section 13 | In subsection(1) for “Secretary of State may by regulations” substitute “Minister may by Order”. In subsection(2) for “regulations” substitute “Order”. In subsection(3) for “Secretary of State may make regulations” substitute “Minister may make Orders”. Omit subsections(4) and (5). |
| Section 14: heading | (No modification) |
| Section 14 | In subsection(2)– (a) in the definition of “act of terrorism” for “Terrorism Act 2000 (see section1(5) of that Act)” substitute “Terrorism (Jersey) Law 2002 (see Article1 of that Law)”; (b)omit the definition of “court”; (c)after that definition insertthe definition of “Minister” set out in Schedule 11A; (d) in the definition of “terrorism” for “Terrorism Act 2000 (see section1(1) to (4) of that Act)” substitute “Terrorism (Jersey) Law2002 (see Article1 of that Law)”. In subsection(6) for “the United Kingdom” in each place substitute “Jersey”. |
| Part 4: heading | For “AVIATION, SHIPPING AND RAIL” substitute “AVIATION AND SHIPPING”. |
| Section 22: heading | (No modification) |
| Section 22 | For subsection(1) substitutesubsection(1) set out in Schedule 11A. In subsection(4) for “The Secretary of State” substitute “An Order under subsection(1)”. In subsection(5) for “Secretary of State” in both places substitute “Minister”. In subsection(7) for “the United Kingdom” substitute “Jersey”. Omit subsection(8). Omit subsections (9) and (10). |
| Section 24: heading | (No modification) |
| Section 24 | In subsection(1) for “Secretary of State may make regulations” substitute “Minister may make provision by Order”. In subsection(2) for “Regulations” substitute “An Order”. In subsection(3)– (a)for “Regulations” substitute “An Order”; (b)for “regulations” substitute “Order”. In subsection(4) for “regulations” in both places substitute “Order”. In subsection(5)– (a)for “regulations must” substitute “Order must”; (b)for “regulations made” substitute “an Order made”. For subsections (6) and (7) substitutesubsection (6) set out in Schedule 11A. |
| Section 25: heading | For “Aviation, shipping and rail” substitute “Aviation and maritime”. |
| Section 25 | In subsection(1) for “aviation, maritime and rail” substitute “aviation and maritime”. In subsection(3) for paragraphs (a), (b) and (c) substitute paragraphs (a) and (b) set out in Schedule 11A. |
| Section 53: heading | (No modification) |
| Section 53 | (No modification) |
| Schedule 1: heading | (No modification) |
| Schedule 1, paragraph 1: heading | (No modification) |
| Schedule 1, paragraph 1 | After sub-paragraph (1) insertsub-paragraph (1A) set out in Schedule 11A. In sub-paragraph(3) for all the words after “designated as” substitute “an officer of the Impôts within the meaning of Article4 of the Customs and Excise (Jersey) Law 1999”. In sub-paragraph(4) for “Secretary of State” substitute “Minister”. In sub-paragraph(5) for “superintendent” substitute “chief inspector”. For sub-paragraph(6)(b) substituteparagraph(6)(b) set out in Schedule 11A. In sub-paragraph(7)– (a)in sub-sub-paragraph(b) for “United Kingdom” substitute “British Islands”. In sub-paragraph(8)– (b) omit sub-sub-paragraphs (c), (d) and (e); (c)in sub-sub-paragraph(f) for “Great Britain or Northern Ireland” substitute “Jersey”. Omit sub-paragraph(9). For sub-paragraphs(11) and (12) substitutesub-paragraphs(11) and (12) set out in Schedule 11A. Omit sub-paragraphs (13) and (14). |
| Schedule 1, paragraph 2: heading | (No modification) |
| Schedule 1, paragraph 2 | In sub-paragraph(1)– (a)for “Great Britain” wherever it occurs substitute “Jersey”; (b)for “constable” substitute “police officer”; (c)in sub-sub-paragraph(a) for “United Kingdom” substitute “British Islands”. Omit sub-paragraph(2). In sub-paragraphs (3) and (4) for “constable” substitute “police officer”. In sub-paragraph(5)– (a) for “constable” wherever it occurs substitute “police officer”; (b) in sub-sub-paragraphs (b) and (d) for “or officer” substitute “or the qualified officer”. In sub-paragraph(7)– (a) for “constable” substitute “police officer”; (b)in sub-sub-paragraph(c) for “constable’s or officer’s” substitute “police officer’s or qualified officer’s”. For sub-paragraph(8) substitutesub-paragraph(8) set out in Schedule 11A. In sub-paragraph9– (a) for “constable” in both places substitute “police officer”; (b)for “The officer or official” substitute “The immigration officer or customs official”. |
| Schedule 1, paragraph 3: heading | (No modification) |
| Schedule 1, paragraph 3 | In sub-paragraph(1) for “constable” wherever it occurs substitute “police officer”. |
| Schedule 1, paragraph 4: heading | (No modification) |
| Schedule 1, paragraph 4 | For “constable” wherever it occurs substitute “police officer”. In sub-paragraph(3)– (a)for sub-sub-paragraph(a) substitutesub-sub-paragraph(a) set out in Schedule 11A; (b)in sub-sub-paragraph(b) for “or officer” substitute “or qualified officer”. In sub-paragraph(4) for sub-sub-paragraph(a) substitutesub-sub-paragraph(a) set out in Schedule 11A. |
| Schedule 1, paragraph 5: heading | (No modification) |
| Schedule 1, paragraph 5 | In sub-paragraph(1)– (a)in sub-sub-paragraph(a) for “the Secretary of State considers” substitute “consideration is given to”; (b) in sub-sub-paragraph(c) for “Secretary of State” substitute “Minister”. In sub-paragraphs (4) and (5) for “constable” substitute “police officer”. In sub-paragraph(5)– (a) for “Great Britain or (as the case may be) the United Kingdom” substitute “Jersey”; (b) for “outside the United Kingdom” substitute “outside the British Islands”. |
| Schedule 1, paragraph 6: heading | (No modification) |
| Schedule 1, paragraph 6 | In sub-paragraph(1)(b) for “constable” substitute “police officer”. In sub-paragraph(2)(a) omit “chief”. In sub-paragraphs(3)(c) and (4) for “relevant chief constable” substitute “Chief Officer”. In sub-paragraph(5) for “Secretary of State” substitute “Minister”. In sub-paragraph(6) for the definition of “relevant chief constable” substitute– ““Chief Officer” means the Chief Officer of the States of Jersey Police Force”. |
| Schedule 1, paragraph 7: heading | (No modification) |
| Schedule 1, paragraph 7 | For paragraph7 substitute paragraph7 set out in Schedule 11A. |
| Schedule 1, paragraph 8: heading | (No modification) |
| Schedule 1, paragraph 8 | (No modification) |
| Schedule 1, paragraph 9 | (No modification) |
| Schedule 1, paragraph 10 | In sub-paragraph(2) – (a) in sub-sub-paragraph (a) for “section40(1)(a) of the Terrorism Act 2000” substitute “Article36(a) of the Terrorism (Jersey) Law 2002”; (b) in sub-sub-paragraph (c) for “section23 or 23A of that Act” substitute “Article27 of (and Schedule3 to) that Law”. |
| Schedule 1, paragraph 11 | (No modification) |
| Schedule 1, paragraph 12 | (No modification) |
| Schedule 1, paragraph 13: heading | (No modification) |
| Schedule 1, paragraph 13 | (No modification) |
| Schedule 1, paragraph 14: heading | For “the United Kingdom” substitute “Jersey”. |
| Schedule 1, paragraph 14 | For “the United Kingdom” wherever it occurs substitute “Jersey”. In sub-paragraph(2) for “Secretary of State” substitute “Minister”. |
| Schedule 1, paragraph 15: heading | (No modification) |
| Schedule 1, paragraph 15 | For sub-paragraph(3) substitutesub-paragraph(3) set out in Schedule 11A. |
| Schedule 1, paragraph 16 | For “constable” substitute “police officer”. |
| Schedule 1, paragraph 17: heading | (No modification) |
| Schedule 1, paragraph 17 | In sub-paragraph(1) for “Secretary of State” substitute “Minister”. In sub-paragraphs (2) and (5) for “constable” substitute “police officer”. |
| Schedule 1, paragraph 18: heading | (No modification) |
| Schedule 1, paragraph 18 | In sub-paragraph(1) for “Secretary of State” substitute “Minister”. In sub-paragraph(2)(c) for “constables” substitute “police officers”. In sub-paragraphs(3) and (4) for “constable” substitute “police officer”. |
| Schedule 1, paragraph 20 | In sub-paragraph(1)– (a) omit “– (1)”; (b) for “Secretary of State” substitute “Minister”. Omit sub-paragraph (2). |
| Schedule 2: heading | (No modification) |
| Schedule 2, paragraph 1: heading | (No modification) |
| Schedule 2, paragraph 1 | For “Secretary of State” substitute “Minister”. |
| Schedule 2, paragraph 2: heading | (No modification) |
| Schedule 2, paragraph 2 | For “Secretary of State” substitute “Minister”. For “court” substitute “Royal Court”. |
| Schedule 2, paragraph 3: heading | For “court” substitute “Royal Court”. |
| Schedule 2, paragraph 3 | For “court” wherever it occurs in sub-paragraphs(1), (2) and (4) substitute “Royal Court”. In sub-paragraph(1) for “Secretary of State” substitute “Minister”. In sub-paragraph(3) for “court’s” substitute “Royal Court’s”. |
| Schedule 2, paragraph 4: heading | For “court” substitute “Royal Court”. |
| Schedule 2, paragraph 4 | For “court” wherever it occurs substitute “Royal Court”. For “Secretary of State” wherever it occurs substitute “Minister”. |
| Schedule 2, paragraph 5: heading | (No modification) |
| Schedule 2, paragraph 5 | For “court” wherever it occurs substitute “Royal Court”. In sub-paragraph(2) for “the court’s” substitute “its”. |
| Schedule 2, paragraph 6: heading | (No modification) |
| Schedule 2, paragraph 6 | In sub-paragraph(1) for “court” substitute “Royal Court”. |
| Schedule 3: heading | (No modification) |
| Schedule 3, paragraph 1: heading | (No modification) |
| Schedule 3, paragraph 1 | For the definitions of “appeal proceedings”, “the relevant court” and “rules of court” substitute the definitions of those expressions set out in Schedule 11A. |
| Schedule 3, paragraph 2: heading | (No modification) |
| Schedule 3, paragraph 2 | In sub-paragraph(1) for “A person making rules of court relating to TEO proceedings or appeal proceedings must have regard” substitute “Regard must be had, in making rules of court relating to TEO proceedings or appeal proceedings,”. In sub-paragraph(2)(f) for “as a special advocate” substitute “as special counsel”. In sub-paragraph(3)– (a)in sub-sub-paragraph(a) for “Secretary of State” substitute “Minister”; (b)in sub-sub-paragraph(b) for “as a special advocate” substitute “as special counsel”. |
| Schedule 3, paragraph 3: heading | (No modification) |
| Schedule 3, paragraph 3 | In sub-paragraph (1) for “Secretary of State” and “Secretary of State’s” wherever they occur substitute “Minister” and “Minister’s” respectively. |
| Schedule 3, paragraph 4 | For “Secretary of State” and “Secretary of State’s” wherever they occur substitute “Minister” and “Minister’s” respectively. In sub-paragraphs(1)(a) and (4)(b) for “as a special advocate” substitute “as special counsel”. |
| Schedule 3, paragraph 5: heading | (No modification) |
| Schedule 3, paragraph 5 | For sub-paragraph(2) substitute sub-paragraph(2) set out in Schedule 11A. |
| Schedule 3, paragraph 6: heading | (No modification) |
| Schedule 3, paragraph 6 | In sub-paragraphs (1) and (4) for “Secretary of State” substitute “Minister”. In sub-paragraph(1) for “the court” wherever it occurs substitute “the Royal Court”. In sub-paragraph(2) omit “or the Inner House of the Court of Session”. |
| Schedule 3, paragraph 8: heading | (No modification) |
| Schedule 3, paragraph 8 | In sub-paragraph(1) for sub-sub-paragraph(a) substitutesub-sub-paragraph(a) set out in Schedule 11A. Omit sub-paragraph(2). In sub-paragraph(3) after “the use of” insert “, and payment of remuneration, expenses and allowances to,”. Omit sub-paragraph (4). |
| Schedule 3, paragraph 10: heading | For “special advocate” substitute “special counsel”; |
| Schedule 3, paragraph 10 | In sub-paragraph(1) for “appropriate law officer” substitute “Attorney General”. In sub-paragraph(2) for “as a “special advocate”” substitute “as “special counsel””. Omit sub-paragraph(3). In sub-paragraph(4) for “as a special advocate” substitute “as special counsel”. For sub-paragraph(5) substitutesub-paragraphs(5), (6) and (7) set out in Schedule 11A. |
| Schedule 3, paragraph 11: heading | (No modification) |
| Schedule 3, paragraph 11 | Omit sub-paragraph(b). |
| Schedule 4: heading | (No modification) |
| Schedule 4, paragraph 1: heading | (No modification) |
| Schedule 4, paragraph 1 | (No modification) |
| Schedule 4, paragraph 2: heading | (No modification) |
| Schedule 4, paragraph 2 | For paragraph2 substitute paragraph 2 set out in Schedule 11A. |
| Schedule 4, paragraph 3: heading | (No modification) |
| Schedule 4, paragraph 3 | (No modification) |
| Schedule 4, paragraph 4: heading | (No modification) |
| Schedule 4, paragraph 4 | In sub-paragraph (2)– (a) for “on indictment” substitute “before the Royal Court”; (b)for sub-sub-paragraph(c) substitutesub-sub-paragraph(c) set out in Schedule 11A. Omit sub-paragraphs (3) and (4). In sub-paragraph(5)– (a) for “to the Crown Court or to the county court in Northern Ireland against a summary conviction” substitute “to the Royal Court against a conviction before the Magistrate’s Court”; (b)in sub-sub-paragraph(b) for “section111 of the Magistrates’ Courts Act 1980 or Article146 of the Magistrates’ Courts (Northern Ireland) Order1981 (S.I.1981/1675 (N.I.26))” substitute “under Article 37 of the Criminal Procedure (Jersey) Law 2018”; (c) in sub-sub-paragraph(d) for “under section 108(1)(b) of that Act or, in Northern Ireland, under Article140(1)(b) of that Order” substitute “under Article 33(2)(b) or (c) of that Law”. |
SCHEDULE 11A — Provisions of the Counter-Terrorism and Security Act 2015 as extended to Jersey
| Provision as extended to Jersey |
|---|
PART 1 — TEMPORARY RESTRICTIONS ON TRAVEL
SECTION 1 — POWERS TO SEIZE TRAVEL DOCUMENTS
| Seizure of passports etc from persons suspected of involvement in terrorism. |
|---|
| 1. Schedule 1 makes provision for the seizure and temporary retention of travel documents where a person is suspected of intending to leave Jersey in connection with terrorism-related activity. |
CHAPTER 2 — TEMPORARY EXCLUSION FROM JERSEY
| Imposition of temporary exclusion orders |
|---|
| Temporary exclusion orders. |
| 2.—(1) A “temporary exclusion order” is an order which requires an individual not to return to Jersey unless – (a) the return is in accordance with a permit to return issued by the Minister before the individual began the return, or (b) the return is the result of the individual’s deportation to Jersey. (2) The Minister may impose a temporary exclusion order on an individual if conditions A to E are met. (3) Condition A is that the Minister reasonably suspects that the individual is, or has been involved in terrorism-related activity outside the British Islands. (4) Condition B is that the Minister reasonably considers that it is necessary, for purposes connected with protecting members of the public in Jersey from a risk of terrorism, for a temporary exclusion order to be imposed on the individual. (5) Condition C is that the Minister reasonably considers that the individual is outside the British Islands. (6) Condition D is that the individual has the right of abode in Jersey. (7) Condition E is that – (a) the Royal Court gives the Minister permission under section 3, or (b) the Minister reasonably considers that the urgency of the case requires a temporary exclusion order to be imposed without obtaining such permission. (8) During the period that a temporary exclusion order is in force, the Minister must keep under review whether condition B is met. |
| Temporary exclusion orders: prior permission of the Royal Court. |
| 3.—(1) This section applies if the Minister – (a) makes the relevant decisions in relation to an individual, and (b) makes an application to the Royal Court for permission to impose a temporary exclusion order on the individual. (2) The function of the Royal Court on the application is to determine whether the relevant decisions of the Minister are obviously flawed. (3) The Royal Court may consider the application – (a) in the absence of the individual, (b) without the individual having been notified of the application, and (c) without the individual having been given an opportunity (if the individual was aware of the application) of making any representations to the Royal Court. (4) But that does not limit the matters about which rules of court may be made. (5) In determining the application, the Royal Court must apply the principles applicable on an application for judicial review. (6) In a case where the Royal Court determines that any of the relevant decisions of the Minister is obviously flawed, the Royal Court may not give permission under this section. (7) In any other case, the Royal Court must give permission under this section. (8) Schedule 2 makes provision for references to the Royal Court etc where temporary exclusion orders are imposed in cases of urgency. (9) Only the Minister may appeal against a determination of the Royal Court under – (a) this section, or (b) Schedule 2; and such an appeal may only be made on a question of law. (10) In this section “the relevant decisions” means the decisions that the following conditions are met – (a) condition A; (b) condition B; (c) condition C; (d) condition D. |
| Temporary exclusion orders: supplementary provision. |
| 4.—(1) The Minister must give notice of the imposition of a temporary exclusion order to the individual on whom it is imposed (the “excluded individual”). (2) Notice of the imposition of a temporary exclusion order must include an explanation of the procedure for making an application under section 6 for a permit to return. (3) A temporary exclusion order – (a) comes into force when notice of its imposition is given; and (b) is in force for the period of two years (unless revoked or otherwise brought to an end earlier). (4) The Minister may revoke a temporary exclusion order at any time. (5) The Minister must give notice of the revocation of a temporary exclusion order to the excluded individual. (6) If a temporary exclusion order is revoked, it ceases to be in force when notice of its revocation is given. (7) The validity of a temporary exclusion order is not affected by the excluded individual – (a) returning to Jersey, or (b) departing from Jersey. (8) The imposition of a temporary exclusion order does not prevent a further temporary exclusion order from being imposed on the excluded individual (including in a case where an order ceases to be in force at the expiry of its two year duration). (9) At the time when a temporary exclusion order comes into force, any British passport held by the excluded individual is invalidated. (10) During the period when a temporary exclusion order is in force, the issue of a British passport to the excluded individual while he or she is outside the British Islands is not valid. (11) In this section “British passport” means a passport, or other document which enables or facilitates travel from one state to another (except a permit to return), that has been – (a) issued by or for Her Majesty’s Government in the United Kingdom, and (b) issued in respect of a person’s status as a British citizen. Permit to return |
| Permit to return. |
| 5.—(1) A “permit to return” is a document giving an individual (who is subject to a temporary exclusion order) permission to return to Jersey. (2) The permission may be made subject to a requirement that the individual comply with conditions specified in the permit to return. (3) The individual’s failure to comply with a specified condition has the effect of invalidating the permit to return. (4) A permit to return must state – (a) the time at which, or period of time during which, the individual is permitted to arrive on return to Jersey; (b) the manner in which the individual is permitted to return to Jersey; and (c) the place where the individual is permitted to arrive on return to Jersey. (5) Provision made under subsection (4)(a) or (c) may, in particular, be framed by reference to the arrival in Jersey of a specific flight, sailing or other transport service. (6) Provision made under subsection (4)(b) may, in particular, state – (a) a route, (b) a method of transport, (c) an airline, shipping line or other passenger carrier, or (d) a flight, sailing or other transport service, which the individual is permitted to use to return to Jersey. (7) The Minister may not issue a permit to return except in accordance with section 6 or 7. (8) It is for the Minister to decide the terms of a permit to return (but this is subject to section 6(3)). |
| Issue of permit to return: application by individual. |
| 6.—(1) If an individual applies to the Minister for a permit to return, the Minister must issue a permit within a reasonable period after the application is made. (2) But the Minister may refuse to issue the permit if – (a) the Minister requires the individual to attend an interview with a police officer or immigration officer at a time and a place specified by the Minister, and (b) the individual fails to attend the interview. (3) Where a permit to return is issued under this section, the relevant return time must fall within a reasonable period after the application is made. (4) An application is not valid unless it is made in accordance with the procedure for applications specified by the Minister. (5) In this section – “application” means an application made by an individual to the Minister for a permit to return to be issued; “relevant return time” means – (a) the time at which the individual is permitted to arrive on return to Jersey (in a case where the permit to return states such a time), or (b) the start of the period of time during which the individual is permitted to arrive on return to Jersey (in a case where the permit to return states such a period). |
| Issue of permit to return: deportation or urgent situation. |
| 7.—(1) The Minister must issue a permit to return to an individual if the Minister considers that the individual is to be deported to Jersey. (2) The Minister may issue a permit to return to an individual if – (a) the Minister considers that, because of the urgency of the situation, it is expedient to issue a permit to return even though no application has been made under section 6, and (b) there is no duty to issue a permit to return under subsection (1). (3) Subsection (1) or (2) applies whether or not any request has been made to issue the permit to return under that provision. |
| Permit to return: supplementary provision. |
| 8.—(1) The Minister may vary a permit to return. (2) The Minister may revoke a permit to return issued to an individual only if – (a) the permit to return has been issued under section 6 and the individual asks the Minister to revoke it; (b) the permit to return has been issued under section 7(1) and the Minister no longer considers that the individual is to be deported to Jersey; (c) the permit to return has been issued under section 7(2) and the Minister no longer considers that, because of the urgency of the situation, the issue of the permit to return is expedient; (d) the Minister issues a subsequent permit to return to the individual; or (e) the Minister considers that the permit to return has been obtained by misrepresentation. (3) The making of an application for a permit to return to be issued under section 6 (whether or not resulting in a permit to return being issued) does not prevent a subsequent application from being made. (4) The issuing of a permit to return (whether or not resulting in the individual’s return to Jersey) does not prevent a subsequent permit to return from being issued (whether or not the earlier permit is still in force). |
| Obligations after return to Jersey |
| Obligations after return to Jersey. |
| 9.—(1) The Minister may, by notice, impose any or all of the permitted obligations on an individual who – (a) is subject to a temporary exclusion order, and (b) has returned to Jersey. (2) The “permitted obligations” are – (a) an obligation – (i) to report to a police station at such times and in such manner as the Minister may by notice require, and to comply with any directions given by a police officer in relation to such reporting; (ii) to attend appointments with specified persons or persons of specified descriptions at specified times and places, and to comply with any reasonable directions given by the Minister that relate to matters about which the individual is required to attend an appointment; (b) an obligation to notify the police, in such manner as a notice under this section may require, of – (i) the individual’s place (or places) of residence, and (ii) any change in the individual’s place (or places) of residence. (2A) A notice under this section may provide that a requirement to report to a police station is not to apply if conditions specified in the notice are met. (3) A notice under this section – (a) comes into force when given to the individual; and (b) is in force until the temporary exclusion order ends (unless the notice is revoked or otherwise brought to an end earlier). (4) The Minister may, by notice, vary or revoke any notice given under this section. (5) The variation or revocation of a notice under this section takes effect when the notice of variation or revocation is given to the individual. (6) The validity of a notice under this section is not affected by the individual – (a) departing from Jersey, or (b) returning to Jersey. (7) The giving of any notice to an individual under this section does not prevent any further notice under this section from being given to that individual. Offences and proceedings etc |
| Offences. |
| 10.—(1) An individual subject to a temporary exclusion order is guilty of an offence if, without reasonable excuse, the individual returns to Jersey in contravention of the restriction on return specified in the order. (2) It is irrelevant for the purposes of subsection (1) whether or not the individual has a passport or other similar identity document. (3) An individual subject to an obligation imposed under section 9 is guilty of an offence if, without reasonable excuse, the individual does not comply with the obligation. (4) In a case where a relevant notice has not actually been given to an individual, the fact that the relevant notice is deemed to have been given to the individual under an Order under section 13 does not (of itself) prevent the individual from showing that lack of knowledge of the temporary exclusion order, or of the obligation imposed under section 9, was a reasonable excuse for the purposes of this section. (5) An individual guilty of an offence under this section is liable on conviction to imprisonment for a term not exceeding 5 years or to a fine, or to both. (7) In this section – “relevant notice” means – (a) notice of the imposition of a temporary exclusion order, or (b) notice under section 9 imposing an obligation; “restriction on return” means the requirement specified in a temporary exclusion order in accordance with section 2(1). |
| Review of decisions relating to temporary exclusion orders. |
| 11.—(1) This section applies where an individual who is subject to a temporary exclusion order is in Jersey. (2) The individual may apply to the Royal Court to review any of the following decisions of the Minister – (a) a decision that any of the following conditions was met in relation to the imposition of the temporary exclusion order – (i) condition A; (ii) condition B; (iii) condition C; (iv) condition D; (b) a decision to impose the temporary exclusion order; (c) a decision that condition B continues to be met; (d) a decision to impose any of the permitted obligations on the individual by a notice under section 9. (3) On a review under this section, the Royal Court must apply the principles applicable on an application for judicial review. (4) On a review of a decision within subsection (2)(a) to (c), the Royal Court has the following powers (and only those powers) – (a) power to quash the temporary exclusion order; (b) power to give directions to the Minister for, or in relation to, the revocation of the temporary exclusion order. (5) If the Royal Court does not exercise either of its powers under subsection (4), the Royal Court must decide that the temporary exclusion order is to continue in force. (6) On a review of a decision within subsection (2)(d), the Royal Court has the following powers (and only those powers) – (a) power to quash the permitted obligation in question; (b) if that is the only permitted obligation imposed by the notice under section 9, power to quash the notice; (c) power to give directions to the Minister for, or in relation to – (i) the variation of the notice so far as it relates to that permitted obligation, or (ii) if that is the only permitted obligation imposed by the notice, the revocation of the notice. (7) If the Royal Court does not exercise any of its powers under subsection (6), the Royal Court must decide that the notice under section 9 is to continue in force. (8) If the Royal Court exercises a power under subsection (6)(a) or (c)(i), the Royal Court must decide that the notice under section 9 is to continue in force subject to that exercise of that power. (9) The power under this section to quash a temporary exclusion order, permitted obligation or notice under section 9 includes power to stay the quashing for a specified time, or pending an appeal or further appeal against the decision to quash. (10) An appeal against a determination of the Royal Court on a review under this section may only be made on a question of law. (11) For the purposes of this section, a failure by the Minister to make a decision whether condition B continues to be met is to be treated as a decision that it continues to be met. Temporary exclusion orders: proceedings and appeals against convictions. 12.—(1) Schedule 3 makes provision about proceedings relating to temporary exclusion orders. (2) Schedule 4 makes provision about appeals against convictions in cases where a temporary exclusion order, a notice under section 9 or a permitted obligation is quashed. Supplementary |
| Orders: giving of notices, legislation relating to passports. |
| 13.—(1) The Minister may by Order make provision about the giving of – (a) notice under section 4, and (b) notice under section 9. (2) The Order may, in particular, make provision about cases in which notice is to be deemed to have been given. (3) The Minister may make Orders providing for legislation relating to passports or other identity documents (whenever passed or made) to apply (with or without modifications) to permits to return. |
| Chapter 2: interpretation. |
| 14.—(1) This section applies for the purposes of this Chapter. (2) These expressions have the meanings given – “act” and “conduct” include omissions and statements; “act of terrorism” includes anything constituting an action taken for the purposes of terrorism, within the meaning of the Terrorism (Jersey) Law 2002 (see Article 1 of that Law); “condition A”, “condition B”, “condition C”, “condition D” or “condition E” means that condition as set out in section 2; “the Minister” means the Minister for Home Affairs; “permit to return” has the meaning given in section 5; “temporary exclusion order” has the meaning given in section 2; “terrorism” has the same meaning as in the Terrorism (Jersey) Law 2002 (see Article 1 of that Law). (3) An individual is – (a) subject to a temporary exclusion order if a temporary exclusion order is in force in relation to the individual; and (b) subject to an obligation imposed under section 9 if an obligation is imposed on the individual by a notice in force under that section. (4) Involvement in terrorism-related activity is any one or more of the following – (a) the commission, preparation or instigation of acts of terrorism; (b) conduct that facilitates the commission, preparation or instigation of such acts, or is intended to do so; (c) conduct that gives encouragement to the commission, preparation or instigation of such acts, or is intended to do so; (d) conduct that gives support or assistance to individuals who are known or believed by the individual concerned to be involved in conduct falling within paragraph (a). It is immaterial whether the acts of terrorism in question are specific acts of terrorism or acts of terrorism in general. (5) It is immaterial whether an individual’s involvement in terrorism-related activity occurs before or after the coming into force of section 2. (6) References to an individual’s return to Jersey include, in the case of an individual who has never been in Jersey, a reference to the individual’s coming to Jersey for the first time. (7) References to deportation include references to any other kind of expulsion. |
Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.
This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence.
legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.