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The Immigration (Jersey) Order 2021

Type Statutory-Instrument
Publication 2021-11-10
Last updated 2023-02-07
State In force
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
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PART 4 — AVIATION AND SHIPPING

Authority-to-carry schemes.
22.—(1) The Minister may by Order make one or more schemes requiring a person (a “carrier”) to seek authority from the Minister to carry persons on aircraft or ships which are – (a) arriving, or expected to arrive, in Jersey, or (b) leaving, or expected to leave, Jersey. A scheme made under this section is called an “authority-to-carry scheme”. (2) An authority-to-carry scheme must specify or describe – (a) the classes of carrier to which it applies (which may be all carriers or may be defined by reference to the method of transport or otherwise), (b) the classes of passengers or crew in respect of whom authority to carry must be sought (which may be all of them or may be defined by reference to nationality, the possession of specified documents or otherwise), and (c) the classes of passengers or crew in respect of whom authority to carry may be refused. (3) An authority-to-carry scheme may specify or describe a class of person under subsection (2)(c) only if it is necessary in the public interest. (4) An Order under subsection (1) may make different authority-to-carry schemes for different purposes and in particular may make different schemes for different types of carrier, journey or person. (5) An authority-to-carry scheme must set out the process for carriers to request, and for the Minister to grant or refuse, authority to carry, which may include – (a) a requirement for carriers to provide specified information on passengers or crew by a specified time before travel; (b) a requirement for carriers to provide the information in a specified manner and form; (c) a requirement for carriers to be able to receive, in a specified manner and form, communications from the Minister relating to the information provided or granting or refusing authority to carry. (6) Information specified under subsection (5)(a) may be information that can be required to be supplied under paragraph 27, 27B or 27BA of Schedule 2 to the Immigration Act 1971, section 32 or 32A of the Immigration, Asylum and Nationality Act 2006 or otherwise. (7) The grant or refusal of authority under an authority-to-carry scheme does not determine whether a person is entitled or permitted to enter Jersey.
Penalty for breach of authority-to-carry scheme.
24.—(1) The Minister may make provision by Order imposing penalties for breaching the requirements of an authority-to-carry scheme. (2) An Order under subsection (1) must identify the authority-to-carry scheme to which they refer. (3) An Order under subsection (1) may in particular make provision – (a) about how a penalty is to be calculated; (b) about the procedure for imposing a penalty; (c) about the enforcement of penalties; (d) allowing for an appeal against a decision to impose a penalty; and the Order may make different provision for different purposes. (4) Provision in the Order about the procedure for imposing a penalty must provide for a carrier to be given an opportunity to object to a proposed penalty in the circumstances set out in the Order. (5) The Order must provide that no penalty may be imposed on a carrier for breaching the requirements of an authority-to-carry scheme where – (a) the breach consists of a failure to provide information that the carrier has also been required to provide under paragraph 27, 27B or 27BA of Schedule 2 to the Immigration Act 1971 and – (i) a penalty has been imposed on the person in respect of a failure to provide that information by virtue of an Order made under paragraph 27BB of Schedule 2 to that Act, or (ii) proceedings have been instituted against the carrier under section 27 of that Act in respect of a failure to provide that information, or (b) the breach consists of a failure to provide information that the carrier has also been required to provide under section 32 or 32A of the Immigration, Asylum and Nationality Act 2006 and – (i) a penalty has been imposed on the person in respect of a failure to provide that information by virtue of an Order made under section 32B of that Act, or (ii) proceedings have been instituted against the carrier under section 34 of that Act in respect of a failure to provide that information. (6) Any penalty paid by virtue of this section must be paid to the Treasurer of the States and credited to the Annual Income of the States.
Aviation and maritime security.
25.—(1) Schedule 5 makes amendments to do with aviation and maritime security. (2) Part 1 of that Schedule makes amendments about passenger, crew and service information in relation to aircraft and ships. (3) Part 2 of that Schedule makes amendments of the provisions relating to directions etc in – (a) the Aviation Security Act 1982, (b) the Aviation and Maritime Security Act 1990.
Short title.
53. This Act may be cited as the Counter-Terrorism and Security Act 2015.

SCHEDULE 1 — SEIZURE OF PASSPORTS ETC FROM PERSONS SUSPECTED OF INVOLVEMENT IN TERRORISM

Interpretation
1.—(1) The following definitions have effect for the purposes of this Schedule. (1A) “Minister” means Minister for Home Affairs. (2) “Immigration officer” means a person who is appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971. (3) “Customs official” means a person who is designated as an officer of the Impôts within the meaning of Article 4 of the Customs and Excise (Jersey) Law 1999. (4) “Qualified officer” means an immigration officer or customs official who is designated by the Minister for the purposes of this Schedule. (5) “Senior police officer” means a police officer of at least the rank of chief inspector. (6) “Travel document” means anything that is or appears to be – (a) a passport, or (b) a ticket or other document that permits a person to make a journey by any means from Jersey to a place outside Great Britain or Guernsey or the Isle of Man. (7) “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 British 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. (8) “Port” means – (a) an airport, (b) a sea port, (f) any other place at which a person is able, or attempting, to get on or off any craft, vessel or vehicle in connection with entering or leaving Jersey. (10) “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 person 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. (11) “Terrorism” and “terrorist” have the same meaning as in the Terrorism (Jersey) Law 2002 (see Articles 2 and 36 of that Law). (12) “Judicial authority” means the Magistrate and includes any person exercising the functions of the Magisrate. (15) “The 14-day period” and “the 30-day period” have the meanings given by paragraphs 5(2) and 8(7) respectively.
Powers of search and seizure etc
2.—(1) This paragraph applies in the case of a person at a port in Jersey if a police officer has reasonable grounds to suspect that the person – (a) is there with the intention of leaving Jersey for the purpose of involvement in terrorism-related activity outside the British Islands, or (b) has arrived in Jersey with the intention of leaving it soon for that purpose. (3) The police officer may – (a) exercise any of the powers in sub-paragraph (5) in the case of the person, or (b) direct a qualified officer to do so. (4) A qualified officer must (if able to do so) comply with any direction given by a police officer under sub-paragraph (3)(b). (5) The powers are – (a) to require the person to hand over all travel documents in his or her possession to the police officer or (as the case may be) the qualified officer; (b) to search for travel documents relating to the person and to take possession of any that the police officer or the qualified officer finds; (c) to inspect any travel document relating to the person; (d) to retain any travel document relating to the person that is lawfully in the possession of the police officer or the qualified officer. (6) The power in sub-paragraph (5)(b) is a power to search – (a) the person; (b) anything that the person has with him or her; (c) any vehicle in which the officer believes the person to have been travelling or to be about to travel. (7) A police officer or qualified officer – (a) may stop a person or vehicle for the purpose of exercising a power in sub-paragraph (5)(a) or (b); (b) may if necessary use reasonable force for the purpose of exercising a power in sub-paragraph (5)(a) or (b); (c) may authorise a person to carry out on the police officer’s or qualified officer’s behalf a search under sub-paragraph (5)(b). (8) A police officer or qualified officer exercising a power in sub-paragraph (5)(a) or (b) must tell the person that – (a) the person is suspected of intending to leave Jersey for the purpose of involvement in terrorism-related activity outside the British Islands, and (b) the police officer or the qualified officer is therefore entitled under this Schedule to exercise the power. (9) Where a travel document relating to the person is in the possession of an immigration officer or customs official (whether a qualified officer or not), the police officer may direct the officer or official – (a) to pass the document to a police officer as soon as practicable, and (b) in the meantime to retain it. The immigration officer or customs official must comply with any such direction. Travel documents in possession of immigration officers or customs
3.—(1) Where – (a) a travel document lawfully comes into the possession of an immigration officer or customs official (whether a qualified officer or not) without a power under paragraph 2 being exercised, and (b) as soon as possible after taking possession of the document, the officer or official asks a police officer whether the police officer wishes to give a direction under paragraph 2(9) in relation to the document, the officer or official may retain the document until the police officer tells him or her whether or not the police officer wishes to give such a direction. (2) A request under sub-paragraph (1) must be considered as soon as possible. Authorisation by senior police officer for retention of travel
4.—(1) Where a travel document is in the possession of a police officer or qualified officer as a result of the exercise of a power under paragraph 2, the relevant police officer must as soon as possible either – (a) seek authorisation from a senior police officer for the document to be retained, or (b) ensure that the document is returned to the person to whom it relates. “The relevant police officer” means the police officer by whom, or on whose direction, the power was exercised. (2) The document may be retained while an application for authorisation is considered. Any such application must be considered as soon as possible. (3) A police officer or qualified officer retaining a travel document under sub-paragraph (2) must tell the person to whom the document relates that – (a) the person is suspected of intending to leave Jersey for the purpose of involvement in terrorism-related activity outside the British Islands, and (b) the police officer or qualified officer is therefore entitled under this Schedule to retain the document while the matter is considered by a senior police officer. This does not apply if the police officer or qualified officer expects the application for authorisation to be dealt with immediately, or if sub-paragraph (4) has been complied with. (4) An immigration officer or customs official to whom a direction is given under paragraph 2(9) must tell the person to whom the travel document in question relates that – (a) the person is suspected of intending to leave Jersey for the purpose of involvement in terrorism-related activity outside the British Islands, and (b) a police officer is therefore entitled under this Schedule to retain the document while the matter is considered by a senior police officer. This does not apply if the immigration officer or customs official expects the application for authorisation to be dealt with immediately. (5) If an application for authorisation is granted – (a) the travel document must be passed to a police officer if it is not already in the possession of a police officer, and (b) paragraph 5 applies. (6) If an application for authorisation is refused, the travel document must be returned to the person as soon as possible. (7) A senior police officer may grant an application for authorisation only if satisfied that there are reasonable grounds for the suspicion referred to in paragraph 2(1) or (2). (8) An authorisation need not be in writing. (9) Sub-paragraphs (1)(b) and (6) are subject to paragraph 7 and to any power or provision not in this Schedule under which the document may be lawfully retained or otherwise dealt with.
Retention or return of documents seized
5.—(1) Where authorisation is given under paragraph 4 for a travel document relating to a person to be retained, it may continue to be retained— (a) while consideration is given to whether to cancel the person’s passport, (b) while consideration is given to charging the person with an offence, (c) while consideration is given to making the person subject to any order or measure to be made or imposed by a court, or by the Minister, for purposes connected with protecting members of the public from a risk of terrorism, or (d) while steps are taken to carry out any of the actions mentioned in paragraphs (a) to (c). (2) But a travel document may not be retained under this Schedule after the end of the period of 14 days beginning with the day after the document was taken (“the 14-day period”), unless that period is extended under paragraph 8 or 11(3). (3) The travel document must be returned to the person as soon as possible – (a) once the 14-day period (or the 14-day period as extended under paragraph 8 or 11(3)) expires; (b) once the power in sub-paragraph (1) ceases to apply, if that happens earlier. This is subject to paragraph 7 and to any power or provision not in this Schedule under which the document may be lawfully retained or otherwise dealt with. (4) The police officer to whom a travel document is passed under paragraph 2(9) or 4(5)(a), or who is in possession of it when authorisation is given under paragraph 4, must explain to the person the effect of sub-paragraphs (1) to (3). (5) The police officer must also tell the person, if he or she has not been told already under paragraph 2(8) or 4(3) or (4), that the person is suspected of intending to leave Jersey for the purpose of involvement in terrorism-related activity outside the British Islands.
Review of retention of travel documents
6.—(1) This paragraph applies where – (a) authorisation is given under paragraph 4 for a travel document relating to a person to be retained, and (b) the document is still being retained by a police officer at the end of the period of 72 hours beginning when the document was taken from the person (“the 72-hour period”). (2) A police officer who is – (a) of at least the rank of superintendent, and (b) of at least as high a rank as the senior police officer who gave the authorisation, must carry out a review of whether the decision to give authorisation was flawed. (3) The reviewing officer must – (a) begin carrying out the review within the 72-hour period, (b) complete the review as soon as possible, and (c) communicate the findings of the review in writing to the Chief Officer. (4) The Chief Officer must consider those findings and take whatever action seems appropriate. (5) If a power under paragraph 2 was exercised in relation to the travel document by an immigration officer or customs official designated under paragraph 17, the reviewing officer must also communicate the findings of the review in writing to the Minister. (6) In this paragraph – “reviewing officer” means the officer carrying out a review under this paragraph; “Chief Officer” means the Chief Officer of the States of Jersey Police Force. Detention of document for criminal proceedings etc.
7.—(1) A requirement under paragraph 4 or 5 to return a travel document in the possession of a police officer or qualified officer does not apply while either officer has power to detain it under sub-paragraph (2). (2) Either officer may detain the document – (a) while he or she believes that it may be needed for use as evidence in criminal proceedings, or (b) while he or she believes that it may be needed in connection with a decision by the Minister whether to make a deportation order under the Immigration Act 1971. Extension of 14-day period by judicial authority
8.—(1) A senior police officer may apply to a judicial authority for an extension of the 14-day period. (2) An application must be made before the end of the 14-day period. (3) An application may be heard only if reasonable efforts have been made to give to the person to whom the application relates a notice stating – (a) the time when the application was made; (b) the time and place at which it is to be heard. (4) On an application – (a) the judicial authority must grant an extension if satisfied that the relevant persons have been acting diligently and expeditiously in relation to the matters and steps referred to in sub-paragraph (5); (b) otherwise, the judicial authority must refuse to grant an extension. (5) In sub-paragraph (4) “the relevant persons” means – (a) the persons responsible for considering whichever of the matters referred to in paragraph 5(1)(a) to (c) are under consideration, and (b) the persons responsible for taking whichever of the steps referred to in paragraph 5(1)(d) are being taken or are intended to be taken. (6) An extension must be for a further period ending no later than the end of the 30-day period. (7) “The 30-day period” means the period of 30 days beginning with the day after the document in question was taken.
9.—(1) The person to whom an application under paragraph 8 relates – (a) must be given an opportunity to make oral or written representations to the judicial authority about the application; (b) subject to sub-paragraph (3), is entitled to be legally represented at the hearing. (2) A judicial authority must adjourn the hearing of an application to enable the person to whom the application relates to obtain legal representation where the person – (a) is not legally represented, (b) is entitled to be legally represented, and (c) wishes to be legally represented. (3) A judicial authority may exclude any of the following persons from any part of the hearing – (a) the person to whom the application relates; (b) anyone representing that person.
10.—(1) A person who has made an application under paragraph 8 may apply to the judicial authority for an order that specified information upon which he or she intends to rely be withheld from – (a) (the person to whom the application relates, and (b) anyone representing that person. (2) A judicial authority may make an order under sub-paragraph (1) in relation to specified information only if satisfied that there are reasonable grounds for believing that if the information was disclosed – (a) evidence of an offence under any of the provisions mentioned in Article 36(a) of the Terrorism (Jersey) Law 2002 would be interfered with or harmed, (b) the recovery of property obtained as a result of an offence under any of those provisions would be hindered, (c) the recovery of property in respect of which a forfeiture order could be made under Article 27 of (and Schedule 3 to) that Law would be hindered, (d) the apprehension, prosecution or conviction of a person who is suspected of being a terrorist would be made more difficult as a result of the person being alerted, (e) the prevention of an act of terrorism would be made more difficult as a result of a person being alerted, (f) the gathering of information about the commission, preparation or instigation of an act of terrorism would be interfered with, (g) a person would be interfered with or physically injured, or (h) national security would be put at risk. (3) The judicial authority must direct that the following be excluded from the hearing of an application under this paragraph – (a) the person to whom the application under paragraph 8 relates; (b) anyone representing that person.
11.—(1) A judicial authority may adjourn the hearing of an application under paragraph 8 only if the hearing is adjourned to a date before the expiry of the 14-day period. (2) Sub-paragraph (1) does not apply to an adjournment under paragraph 9(2). (3) If an application is adjourned under paragraph 9(2) to a date after the expiry of the 14-day period, the judicial authority must extend the period until that date.
12.—(1) If an extension is granted under paragraph 8 for a period ending before the end of the 30-day period, one further application may be made under that paragraph. (2) Paragraphs 8 to 11 apply to a further application as if references to the 14-day period were references to that period as previously extended.
Restriction on repeated use of powers
13.—(1) Where – (a) a power under paragraph 4 or 5 to retain a document relating to a person is exercised, and (b) powers under this Schedule have been exercised in the same person’s case on two or more occasions in the previous 6 months, this Schedule has effect with the following modifications. (2) References to 14 days (in paragraph 5(2) and elsewhere) are to be read as references to 5 days. (3) Paragraph 8 has effect as if the following were substituted for sub-paragraph (4) – “(4) On an application, the judicial authority must grant an extension if satisfied that – (a) the relevant persons have been acting diligently and expeditiously in relation to the matters and steps referred to in sub-paragraph (5), and (b) there are exceptional circumstances justifying the further use of powers under this Schedule in relation to the same person. Otherwise, the judicial authority must refuse to grant an extension.”
Persons unable to leave Jersey
14.—(1) This paragraph applies where a person’s travel documents are retained under this Schedule with the result that, for the period during which they are so retained (“the relevant period”), the person is unable to leave Jersey. (2) The Minister may make whatever arrangements he or she thinks appropriate in relation to the person – (a) during the relevant period; (b) on the relevant period coming to an end. (3) If at any time during the relevant period the person does not have leave to enter or remain in Jersey, the person’s presence in Jersey at that time is nevertheless not unlawful for the purposes of the Immigration Act 1971.
Offences
15.—(1) A person who is required under paragraph 2(5)(a) to hand over all travel documents in the person’s possession commits an offence if he or she fails without reasonable excuse to do so. (2) A person who intentionally obstructs, or seeks to frustrate, a search under paragraph 2 commits an offence. (3) A person guilty of an offence under this paragraph is liable to imprisonment for a term not exceeding 6 months, or to a fine not exceeding level 3 on the standard scale, or to both.
16. A qualified officer exercising a power under paragraph 2 has the same powers of arrest without warrant as a police officer in relation to an offence under paragraph 15. Accredited immigration officers and customs officials
17.—(1) For the purposes of this paragraph, a qualified officer is an “accredited” immigration officer or customs official if designated as such by the Minister. (2) Sub-paragraphs (1), (2) and (3)(a) of paragraph 2 apply to an accredited immigration officer or customs official as they apply to a police officer. (3) In paragraph 2(3)(b) and (4) “qualified officer” does not include an accredited immigration officer or customs official. (4) In paragraphs 2(9) and 3 “immigration officer or customs official” does not include an accredited immigration officer or customs official. (5) Paragraph 4(1) has effect, in relation to a travel document that is in the possession of an accredited immigration officer or customs official as a result of the exercise of a power under paragraph 2 by that officer or official, as if the reference to the relevant police officer were a reference to that officer or official.
Code of practice
18.—(1) The Minister must issue a code of practice with regard to the exercise of functions under this Schedule. (2) The code of practice must in particular deal with the following matters – (a) the procedure for making designations under paragraphs 1(4) and 17; (b) training to be undertaken by persons who are to exercise powers under this Schedule; (c) the exercise by police officers, immigration officers and customs officials of functions conferred on them by virtue of this Schedule; (d) information to be given to a person in whose case a power under this Schedule is exercised; (e) how and when that information is to be given; (f) reviews under paragraph 6. (3) A police officer, immigration officer or customs official must perform functions conferred on him or her by virtue of this Schedule in accordance with any relevant provision included in the code by virtue of sub-paragraph (2)(c) to (e). (4) The failure by a police officer, immigration officer or customs official to observe any such provision does not of itself make him or her liable to criminal or civil proceedings. (5) The code of practice – (a) is admissible in evidence in criminal and civil proceedings; (b) is to be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant.
20. The Minister may revise the code of practice and issue the revised code.

SCHEDULE 2 — URGENT TEMPORARY EXCLUSION ORDERS: REFERENCE TO THE COURT ETC

Application
1. This Schedule applies if the Minister – (a) makes the urgent case decisions in relation to an individual, and (b) imposes a temporary exclusion order on the individual.
Statement of urgency
2. The temporary exclusion order must include a statement that the Minister reasonably considers that the urgency of the case requires the order to be imposed without obtaining the permission of the Royal Court under section 3.
Reference to Royal Court
3.—(1) Immediately after giving notice of the imposition of the temporary exclusion order, the Minister must refer to the Royal Court the imposition of the order on the individual. (2) The function of the Royal Court on the reference is to consider whether the urgent case decisions were obviously flawed. (3) The Royal Court’s consideration of the reference must begin within the period of 7 days beginning with the day on which notice of the imposition of the temporary exclusion order is given to the individual. (4) The Royal Court may consider the reference – (a) in the absence of the individual, (b) without the individual having been notified of the reference, and (c) without the individual having been given an opportunity (if the individual was aware of the reference) of making any representations to the Royal Court. (5) But that does not limit the matters about which rules of court may be made.
Decision by Royal Court
4.—(1) In a case where the Royal Court determines that any of the relevant decisions of the Minister is obviously flawed, the Royal Court must quash the temporary exclusion order. (2) If sub-paragraph (1) does not apply, the Royal Court must confirm the temporary exclusion order. (3) If the Royal Court determines that the decision of the Minister that the urgency condition is met is obviously flawed, the Royal Court must make a declaration of that determination (whether it quashes or confirms the temporary exclusion order under the preceding provisions of this paragraph).
Procedures on reference
5.—(1) In determining a reference under paragraph 3, the Royal Court must apply the principles applicable on an application for judicial review. (2) The Royal Court must ensure that the individual is notified of its decision on a reference under paragraph 3.
Interpretation
6.—(1) References in this Schedule to the urgency condition being met are references to condition E being met by virtue of section 2(7)(b) (urgency of the case requires a temporary exclusion order to be imposed without obtaining the permission of the Royal Court). (2) In this Schedule “the urgent case decisions” means the relevant decisions and the decision that the urgency condition is met. (3) In this Schedule “the relevant decisions” means the decisions that the following conditions are met – (a) condition A; (b) condition B; (c) condition C; (d) condition D.

SCHEDULE 3 — TEMPORARY EXCLUSION ORDERS: PROCEEDINGS

Introductory
1. In this Schedule – “appeal proceedings” means proceedings in the Court of Appeal on an appeal relating to TEO proceedings; “the relevant court” means – (a) in relation to TEO proceedings, the Royal Court; (b) in relation to appeal proceedings, the Court of Appeal; “rules of court” means rules for regulating the practice and procedure to be followed in the Royal Court or the Court of Appeal; “TEO proceedings” means proceedings on – (a) an application under section 3, (b) a reference under Schedule 2, (c) a review under section 11, or (d) an application made by virtue of paragraph 6 of this Schedule (application for order requiring anonymity).
Rules of court: general provision
2.—(1) Regard must be had, in making rules of court relating to TEO proceedings or appeal proceedings, to the need to secure the following – (a) that the decisions that are the subject of the proceedings are properly reviewed, and (b) that disclosures of information are not made where they would be contrary to the public interest. (2) Rules of court relating to TEO proceedings or appeal proceedings may make provision – (a) about the mode of proof and about evidence in the proceedings; (b) enabling or requiring the proceedings to be determined without a hearing; (c) about legal representation in the proceedings; (d) enabling the proceedings to take place without full particulars of the reasons for the decisions to which the proceedings relate being given to a party to the proceedings (or to any legal representative of that party); (e) enabling the relevant court to conduct proceedings in the absence of any person, including a party to the proceedings (or any legal representative of that party); (f) about the functions of a person appointed as special counsel (see paragraph 10); (g) enabling the relevant court to give a party to the proceedings a summary of evidence taken in the party’s absence. (3) In this paragraph – (a) references to a party to the proceedings do not include the Minister; (b) references to a party’s legal representative do not include a person appointed as special counsel.
Rules of court: disclosure
3.—(1) Rules of court relating to TEO proceedings or appeal proceedings must secure that the Minister is required to disclose – (a) material on which the Minister relies, (b) material which adversely affects the Minister’s case, and (c) material which supports the case of another party to the proceedings. (2) This paragraph is subject to paragraph 4.
4.—(1) Rules of court relating to TEO proceedings or appeal proceedings must secure – (a) that the Minister has the opportunity to make an application to the relevant court for permission not to disclose material otherwise than to the relevant court and any person appointed as special counsel; (b) that such an application is always considered in the absence of every party to the proceedings (and every party’s legal representative); (c) that the relevant court is required to give permission for material not to be disclosed if it considers that the disclosure of the material would be contrary to the public interest; (d) that, if permission is given by the relevant court not to disclose material, it must consider requiring the Minister to provide a summary of the material to every party to the proceedings (and every party’s legal representative); (e) that the relevant court is required to ensure that such a summary does not contain material the disclosure of which would be contrary to the public interest. (2) Rules of court relating to TEO proceedings or appeal proceedings must secure that provision to the effect mentioned in sub-paragraph (3) applies in cases where the Minister – (a) does not receive the permission of the relevant court to withhold material, but elects not to disclose it, or (b) is required to provide a party to the proceedings with a summary of material that is withheld, but elects not to provide the summary. (3) The relevant court must be authorised – (a) if it considers that the material or anything that is required to be summarised might adversely affect the Minister’s case or support the case of a party to the proceedings, to direct that the Minister – (i) is not to rely on such points in the Minister’s case, or (ii) is to make such concessions or take such other steps as the court may specify, or (b) in any other case, to ensure that the Minister does not rely on the material or (as the case may be) on that which is required to be summarised. (4) In this paragraph – (a) references to a party to the proceedings do not include the Minister; (b) references to a party’s legal representative do not include a person appointed as special counsel.
Article 6 rights
5.—(1) Nothing in paragraphs 2 to 4, or in rules of court made under any of those paragraphs, is to be read as requiring the relevant court to act in a manner inconsistent with Article 6 of the Human Rights Convention. (2) The “Human Rights Convention” means the Convention within the meaning of the Human Rights (Jersey) Law 2000 (see Article 1(1) of that Law).
Rules of court: anonymity
6.—(1) Rules of court relating to TEO proceedings may make provision for – (a) the making by the Minister or the relevant individual of an application to the court for an order requiring anonymity for that individual, and (b) the making by the Royal Court, on such an application, of an order requiring such anonymity; and the provision made by the rules may allow the application and the order to be made irrespective of whether any other TEO proceedings have been begun in the Royal Court. (2) Rules of court may provide for the Court of Appeal to make an order in connection with any appeal proceedings requiring anonymity for the relevant individual. (3) In sub-paragraphs (1) and (2) the references, in relation to a court, to an order requiring anonymity for the relevant individual are references to an order by that court which imposes such prohibition or restriction as it thinks fit on the disclosure – (a) by such persons as the court specifies or describes, or (b) by persons generally, of the identity of the relevant individual or of any information that would tend to identify the relevant individual. (4) In this paragraph “relevant individual” means an individual on whom the Minister is proposing to impose, or has imposed, a temporary exclusion order.
Use of advisers
8.—(1) In any TEO proceedings or appeal proceedings the relevant court may if it thinks fit – (a) call in aid one or more advisers able to be called in aid by the equivalent court in England and Wales, and (b) hear and dispose of the proceedings with the assistance of the adviser or advisers. (3) Rules of court may regulate the use of, and payment of remuneration, expenses and allowances to, advisers in proceedings who are called in aid under sub-paragraph (1).
Appointment of special counsel
10.—(1) The Attorney General may appoint a person to represent the interests of a party in any TEO proceedings or appeal proceedings from which the party (and any legal representative of the party) is excluded. (2) A person appointed under sub-paragraph (1) is referred to in this Schedule as appointed as “special counsel”. (4) A person appointed as special counsel is not responsible to the party to the proceedings whose interests the person is appointed to represent. (5) A person may be appointed as special counsel only if – (a) the person is a member of the panel referred to in sub-paragraph (6); or (b) the person is eligible to be appointed as a special advocate in equivalent TEO proceedings or appeal proceedings in any part of the United Kingdom. (6) The Attorney General shall appoint a panel of persons, such panel consisting of not less than 10 advocates of the Royal Court, for the purposes of this paragraph. (7) A person appointed under sub-paragraph (6) may be removed from the panel at any time by the Attorney General whether or not at the person’s request.
Relationship with other powers to make rules of court and other proceedings
11. Nothing in this Schedule is to be read as restricting the power to make rules of court or the matters to be taken into account when doing so.

SCHEDULE 4 — TEMPORARY EXCLUSION ORDERS: APPEALS AGAINST CONVICTIONS

Right of appeal
1.—(1) An individual who has been convicted of an offence under section 10(1) or (3) may appeal against the conviction if – (a) a temporary exclusion order is quashed, and (b) the individual could not have been convicted had the quashing occurred before the proceedings for the offence were brought. (2) An individual who has been convicted of an offence under section 10(3) may appeal against the conviction if – (a) a notice under section 9, or a permitted obligation imposed by such a notice, is quashed, and (b) the individual could not have been convicted had the quashing occurred before the proceedings for the offence were brought.
Court in which appeal to be made
2. An appeal under this Schedule is to be made – (a) in the case of a conviction before the Royal Court, to the Court of Appeal; (b) in the case of a conviction before the Magistrate’s Court, to the Royal Court.
When the right of appeal arises
3.—(1) The right of appeal under this Schedule does not arise until there is no further possibility of an appeal against – (a) the decision to quash the temporary exclusion order, notice or permitted obligation (as the case may be), or (b) any decision on an appeal made against that decision. (2) In determining whether there is no further possibility of an appeal against a decision of the kind mentioned in sub-paragraph (1), any power to extend the time for giving notice of application for leave to appeal, or for applying for leave to appeal, must be ignored.
The appeal
4.—(1) On an appeal under this Schedule to any court, that court must allow the appeal and quash the conviction. (2) An appeal under this Schedule to the Court of Appeal against a conviction before the Royal Court – (a) may be brought irrespective of whether the appellant has previously appealed against the conviction; (b) may not be brought after the end of the period of 28 days beginning with the day on which the right of appeal arises by virtue of paragraph 3; and (c) is to be treated as an appeal under Article 24 of the Court of Appeal (Jersey) Law 1961, but does not require leave. (5) An appeal under this Schedule to the Royal Court against a conviction before the Magistrate’s Court – (a) may be brought irrespective of whether the appellant pleaded guilty; (b) may be brought irrespective of whether the appellant has previously appealed against the conviction or made an application in respect of the conviction under Article 37 of the Criminal Procedure (Jersey) Law 2018 (case stated); (c) may not be brought after the end of the period of 21 days beginning with the day on which the right of appeal arises by virtue of paragraph 3; and (d) is to be treated as an appeal under Article 33(2)(b) or (c) of that Law.

SCHEDULE 12 — Immigration Act 2016

Column 1 Provision Column 2 Modification
Part 3: heading and cross-heading (No modification)
Section 48: heading (No modification)
Section 48 Omit subsection (10).
Section 49: heading (No modification)
Section 49 Omit subsection (13).
Section 51: heading For “detainee custody officers etc” substitute “certain officers”.
Section 51 For subsections (1) and (2) substitute subsections (1) and (2) set out in Schedule 11A. In subsection (3) omit “detainee custody officer,”. In subsection (4) for “Secretary of State” in both places substitute “Minister”. In subsection (7)(c) and (d) omit “removal centre, short-term holding facility,”. In subsections (11) and (12) for “Secretary of State” in each place substitute “Minister”. In subsection (12) – (a) for “Secretary of State’s” substitute “Minister’s”; (b) for “the United Kingdom” substitute “Jersey”. In subsection (13) – (a) for “Secretary of State’s” substitute “Minister’s”; (b) for “Secretary of State” in each place substitute “Minister”. In subsection (15) (in the definition of “nationality document”) and in subsection (16) for “the United Kingdom” substitute “Jersey”. For subsection (17) substitute subsection (17) set out in Schedule 11A.
Section 52: heading (No modification)
Section 52 For “Secretary of State” in each place substitute “Minister”. In subsections (3)(b) and (6)(a) for “the United Kingdom” substitute “Jersey”. In subsection (7) for “Secretary of State’s” substitute “Minister’s”.
Section 58: heading (No modification)
Section 58 In subsection (1) for “by the Secretary of State as an immigration officer under” substitute “in accordance with”. For subsection (2) substitute subsection (2) set out in Schedule 11A.
Section 59: cross-heading Omit “and bail”.
Section 59: heading (No modification)
Section 59 In subsections (1) and (6) for “Secretary of State” substitute “Minister”. In subsection (2) – (a) at the end of paragraph (a) add “or” (and delete “, or” at the end of paragraph (b)); (b) omit paragraph (c). In subsection (4) for “Secretary of State must lay a draft of the guidance before Parliament” substitute “Minister must present a draft of the guidance to the States”. In subsection (5) for “in accordance with regulations made by the Secretary of State” substitute “on the date specified by the Minister when the guidance is issued”.
Section 60: heading (No modification)
Section 60 For “Secretary of State” in each place substitute “Minister”. In subsection (2)(a) “the United Kingdom” substitute “Jersey”. In subsection (4)(a) for “of the Crown (within the meaning of the Ministers of the Crown Act 1975)” substitute “(within the meaning of the States of Jersey Law 2005)”. In subsection (8) – (a) at the end of paragraph (b) add “or” (and delete “, or” at the end of paragraph (c)); (b) omit paragraph (d). Omit subsections (9), (10), (11), (12) and (13).
Section 86: cross-heading Omit “and civil registration”.
Section 86: heading For “regulations” substitute “Orders”.
Section 86 For section 86 substitute section 86 set out in Schedule 11A.
Section 87: heading For “regulations” substitute “Orders”.
Section 87 For section 87 substitute section 87 set out in Schedule 11A.
Section 88: heading (No modification)
Section 88 For section 88 substitute section 88 set out in Schedule 11A.
Part 9: heading and cross-heading (No modification)
Section 90: heading (No modification)
Section 90 For “Secretary of State” substitute “Minister”.
Section 91: cross-heading only (No modification)
Section 96: heading (No modification)
Section 96 (No modification)

SCHEDULE 12A — Provisions of the Immigration Act 2016 as extended to Jersey

Provision as extended to Jersey

PART 3 — ENFORCEMENT

Powers of immigration officers etc.
Seizure and retention in relation to offences.
48.—(1) This section applies if an immigration officer is lawfully on any premises. (2) The immigration officer may seize anything which the officer finds in the course of exercising a function under the Immigration Acts if the officer has reasonable grounds for believing— (a) that it has been obtained in consequence of the commission of an offence, and (b) that it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed. (3) The immigration officer may seize anything which the officer finds in the course of exercising a function under the Immigration Acts if the officer has reasonable grounds for believing— (a) that it is evidence in relation to an offence, and (b) that it is necessary to seize it in order to prevent the evidence being concealed, lost, altered or destroyed. (4) The immigration officer may require any information which is stored in any electronic form and is accessible from the premises to be produced if the officer has reasonable grounds for believing— (a) that— (i) it is evidence in relation to an offence, or (ii) it has been obtained in consequence of the commission of an offence, and (b) that it is necessary to seize it in order to prevent it being concealed, lost, tampered with or destroyed. (5) The reference in subsection (4) to information which is stored in any electronic form being produced is to such information being produced in a form— (a) in which it can be taken away, and (b) in which it is visible and legible or from which it can readily be produced in a visible and legible form. (6) This section does not authorise an immigration officer to seize an item which the officer has reasonable grounds for believing is an item subject to legal privilege. (7) Anything seized by an immigration officer under this section which relates to an immigration offence may be retained so long as is necessary in all the circumstances and in particular— (a) may be retained, except as provided for by subsection (8)— (i) for use as evidence at a trial for an offence, or (ii) for forensic examination or for investigation in connection with an offence, and (b) may be retained in order to establish its lawful owner, where there are reasonable grounds for believing that it has been obtained in consequence of the commission of an offence. (8) Nothing may be retained for a purpose mentioned in subsection (7)(a) if a photograph or copy would be sufficient for that purpose. (9) Section 28I of the Immigration Act 1971 (seized material: access and copying) applies to anything seized and retained under this section which relates to an immigration offence as it applies to anything seized and retained by an immigration officer under Part 3 of that Act. (11) In this section and section 49 “immigration offence” means an offence which relates to an immigration or nationality matter.
Duty to pass on items seized under section 48.
49.—(1) This section applies if an immigration officer exercises— (a) the power under section 48 to seize or take away an item on the basis that the item or information contained in it has been obtained in consequence of the commission of, or is evidence in relation to, an offence other than an immigration offence (a “relevant offence”), or (b) a power to that effect in Part 3 of the Immigration Act 1971 as applied by section 14(3) of the Asylum and Immigration (Treatment of Claimants etc) Act 2004. (2) Subject to subsection (3), the immigration officer must, as soon as is reasonably practicable after the power is exercised, notify a person who the immigration officer thinks has functions in relation to the investigation of the relevant offence. (3) If the immigration officer has reasonable grounds for believing that the item referred to in subsection (1) has also been obtained in consequence of the commission of, or is evidence in relation to, an immigration offence, the immigration officer may notify a person who the immigration officer thinks has functions in relation to the investigation of the relevant offence. (4) A person notified under this section of the exercise of a power mentioned in subsection (1) in relation to an item must, as soon as is reasonably practicable after being so notified, inform the immigration officer whether the person will accept the item. (5) The person may inform the immigration officer that the person will not accept the item only if— (a) the person does not think the item or information contained in it has been obtained in consequence of the commission of, or is evidence in relation to, an offence, (b) the person does not have functions in relation to the investigation of the relevant offence, or (c) the person thinks that it would be more appropriate for the relevant offence to be investigated by another person with such functions. (6) If the person informs the immigration officer that the person will accept the item, the immigration officer must give it to the person as soon as is reasonably practicable. (7) Once the item has been given as mentioned in subsection (6), any provision of an enactment which applies to items seized or taken away by the person applies to the item as if it had been seized or taken away by the person for the purposes of the investigation of the relevant offence. (8) If the person informs the immigration officer that the person will not accept the item because subsection (5)(a) applies, the immigration officer must, as soon as is reasonably practicable, return the item in accordance with subsection (10). (9) If the person informs the immigration officer that the person will not accept the item because subsection (5)(b) or (c) applies, the immigration officer must, as soon as is reasonably practicable— (a) notify the exercise of a power mentioned in subsection (1) in relation to the item to another person (if any) who the immigration officer thinks has functions in relation to the investigation of the relevant offence, or (b) if there is no such person, return the item in accordance with subsection (10). (10) An item which must be returned in accordance with this subsection must be returned— (a) to the person from whom it was seized, or (b) if there is no such person, to the place from which it was seized or taken away. (11) Where an item to which this section applies or information contained in such an item has been obtained in consequence of the commission of, or is evidence in relation to, more than one offence, references in this section to the relevant offence are to any of those offences. (12) A function conferred or imposed by this section on an immigration officer may be exercised by any other immigration officer.
Search for nationality documents by certain officers.
51.—(1) The Minister may direct a prison officer or prisoner custody officer to exercise any of the powers in subsection (6) in relation to a detained person who is detained in a prison or young offender institution. (2) The Minister may direct a prison officer or prisoner custody officer to exercise any of the powers in subsection (6) in relation to a person detained in a prison or young offender institution— (a) who has been recommended for deportation by a court under section 3(6) of the Immigration Act 1971, or (b) in respect of whom the Minister has made a deportation order under section 5(1) of that Act. (3) In this section and section 52 “relevant officer” means a prison officer or prisoner custody officer. (4) The Minister may give a direction in relation to a person detained as mentioned in subsection (1) or (2) only if the Minister has reasonable grounds to believe a relevant nationality document will be found if a power in subsection (6) is exercised in relation to the person. (5) A relevant officer to whom a direction is given under subsection (1) or (2) must (if able to do so) comply with it. (6) The powers referred to in subsections (1), (2) and (4) are— (a) to require the person to hand over to the relevant officer all relevant nationality documents in his or her possession, (b) to search for such documents and to take possession of any that the relevant officer finds, (c) to inspect any relevant nationality documents obtained in the course of the exercise of a power in paragraph (a) or (b), and (d) to seize and retain any such documents so obtained. (7) The power in subsection (6)(b) is a power to search any of the following— (a) the person; (b) anything the person has with him or her; (c) the person’s accommodation in the prison or young offender institution; (d) any item of the person’s property in the prison or young offender institution. (8) A full search may be carried out under subsection (7)(a); but such a search may not be carried out in the presence of— (a) another person detained as mentioned in subsection (1) or (2), or (b) a person of the opposite sex. (9) An intimate search may not be carried out under subsection (7)(a). (10) A relevant officer may if necessary use reasonable force for the purposes of exercising a power in subsection (6)(a) or (b). (11) A relevant officer must pass a relevant nationality document seized and retained under subsection (6)(d) to the Minister as soon as is reasonably practicable. (12) The Minister may retain a relevant nationality document which comes into the Minister’s possession under subsection (11) while the Minister suspects that— (a) a person 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 removal. (13) If subsection (12) does not apply to a document which comes into the Minister’s possession under this section, the Minister may— (a) arrange for the document to be returned in accordance with subsection (14), or (b) if the Minister thinks that it would not be appropriate to return the document, dispose of the document in such manner as the Minister thinks appropriate. (14) A document which is required to be returned in accordance with this subsection must be returned to— (a) the person who was previously in possession of it, or (b) if it was not found in the possession of a person, the location in which it was found. (15) In this section and section 52— “full search” means a search which involves the removal of an item of clothing which— (a) is being worn wholly or partly on the trunk, and (b) is being so worn either next to the skin or next to an article of underwear; “intimate search” means a search which consists of a physical examination of a person’s body orifices other than the mouth; “nationality document” means a document which might— (a) establish a person’s identity, nationality or citizenship, or (b) indicate the place from which a person has travelled to Jersey or to which a person is proposing to go. (16) For the purposes of this section and section 52 a nationality document is “relevant” if it relates to a person who is liable to removal from Jersey in accordance with a provision of the Immigration Acts. (17) In this section “detained person” means persons a person detained or required to be detained under the 1971 Act or under section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by Minister).
Seizure of nationality documents by detainee custody officers etc.
52.—(1) A relevant officer may seize a nationality document which the relevant officer finds in the course of the exercise of a power to search other than one conferred by section 51. (2) Where a relevant officer seizes a nationality document under subsection (1), the relevant officer— (a) (must seek the consent of the Minister to retain the document, and (b) if the relevant officer obtains the Minister’s consent, must pass the document to the Minister as soon as is practicable. (3) The Minister may give consent under subsection (2) only if the Minister has reasonable grounds to believe that— (a) the document is a relevant nationality document, and (b) the document may facilitate the removal of the person to whom it relates from Jersey in accordance with a provision of the Immigration Acts. (4) If the Minister does not give consent under subsection (2), the Minister must— (a) direct the relevant officer to return the document as mentioned in subsection (5), or (b) if the Minister thinks that it would not be appropriate to return the document, direct the relevant officer to dispose of the document in such manner as the Minister may direct. (5) A document which is required to be returned in accordance with this subsection must be returned to— (a) the person who was previously in possession of it, or (b) if it was not found in the possession of a person, the location in which it was found. (6) The Minister may retain a relevant nationality document which comes into the Minister’s possession under this section while the Minister suspects that— (a) a person 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 removal. (7) If subsection (6) does not apply to a document which comes into the Minister’s possession under this section, the Minister may— (a) arrange for the document to be returned in accordance with subsection (5), or (b) if the Minister thinks that it would not be appropriate to return the document, dispose of the document in such manner as the Minister thinks appropriate.
Interpretation of Part.
58.—(1) In this Part “immigration officer” means a person appointed in accordance with paragraph 1 of Schedule 2 to the Immigration Act 1971. (2) In this Part “premises” and “item subject to legal privilege” have the same meaning has in the Police Procedures and Criminal Evidence (Jersey) Law 2003
Detention
Guidance on detention of vulnerable persons.
59.—(1) The Minister must issue guidance specifying matters to be taken into account by a person to whom the guidance is addressed in determining— (a) whether a person (“P”) would be particularly vulnerable to harm if P were to be detained or to remain in detention, and (b) if P is identified as being particularly vulnerable to harm in those circumstances, whether P should be detained or remain in detention. (2) In subsection (1) “detained” means detained under— (a) the Immigration Act 1971, or (b) section 62 of the Nationality, Immigration and Asylum Act 2002, and “detention” is to be construed accordingly. (3) A person to whom guidance under this section is addressed must take the guidance into account. (4) Before issuing guidance under this section the Minister must present a draft of the guidance to the States. (5) Guidance under this section comes into force on the date specified by the Minister when the guidance is issued. (6) The Minister may from time to time review guidance under this section and may revise and re-issue it. (7) References in this section to guidance under this section include revised guidance.
Limitation on detention of pregnant women.
60.—(1) This section applies to a woman if the Minister is satisfied that the woman is pregnant. (2) A woman to whom this section applies may not be detained under a relevant detention power unless the Minister is satisfied that— (a) the woman will shortly be removed from Jersey, or (b) there are exceptional circumstances which justify the detention. (3) In determining whether to authorise the detention under a relevant detention power of a woman to whom this section applies, a person who, apart from this section, has power to authorise the detention must have regard to the woman’s welfare. (4) A woman to whom this section applies may not be detained under a relevant detention power for a period of— (a) more than 72 hours from the relevant time, or (b) more than seven days from the relevant time, in a case where the longer period of detention is authorised personally by a Minister (within the meaning of the States of Jersey Law 2005). (5) In subsection (4) “the relevant time” means the later of— (a) the time at which the Minister is first satisfied that the woman is pregnant, and (b) the time at which the detention begins. (6) A woman to whom this section applies who has been released following detention under a relevant detention power may be detained again under such a power in accordance with this section. (7) This section does not apply to the detention under paragraph 16(2) of Schedule 2 to the Immigration Act 1971 of an unaccompanied child to whom paragraph 18B of that Schedule applies. (8) In this section— “relevant detention power” means a power to detain under— (a) paragraph 16(2) of Schedule 2 to the Immigration Act 1971 (detention of persons liable to examination or removal), (b) paragraph 2(1), (2) or (3) of Schedule 3 to that Act (detention pending deportation), or (c) section 62 of the Nationality, Immigration and Asylum Act 2002 (detention of persons liable to examination or removal); “woman” means a female of any age.
Passports
Power to make passport fees Orders.
86.—(1) The Minister may by Order provide for fees to be charged in respect of the exercise by the Minister of such functions in connection with applications for the issue of a passport or other travel document as may be specified. (2) An Order under subsection (1) is referred to in this section and section 87 as a “passport fees Order”. (3) A passport fees Order must provide for the fee in respect of the exercise of each specified function to comprise one or more amounts each of which is— (a) a specified fixed amount, or (b) an amount calculated by reference to a specified hourly rate or other specified factor. (4) Provision made under subsection (3) may be intended to result in a fee in respect of a specified function which exceeds the costs of exercising the function. (5) In respect of any fee provided for under this section, a passport fees 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. (6) In this section— “costs” includes— (a) the costs of the Minister, and (b) the costs of any other person (whether or not funded from public money); “function” includes a power or a duty; “specified” means specified in a passport fees Order; “travel document” means a document which enables or facilitates travel from one state to another and a “UK travel document” means such a document issued by the Secretary of State; “United Kingdom passport” has the same meaning as in the Immigration Act 1971 (see section 33 of that Act). (7) Any reference in this section 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 or persons making requests for the exercise of a function.
Passport fees Orders: supplemental.
87.—(1) A fee under section 86 may relate to something done outside Jersey. (2) Fees payable by virtue of section 86 may be recovered as a debt due to the Minister. (3) Fees paid to the Minister by virtue of section 86 shall form part of the annual income of the States. (4) Section 86 is without prejudice to any other power to charge a fee.
Power to charge for passport validation services.
88.—(1) The Minister may charge a fee in respect of the provision of passport validation services to persons on request. (2) “Passport validation services” are services in connection with confirming the validity of United Kingdom passports or the accuracy of the information contained in them which are provided for the purpose of preventing or detecting crime. (3) In this section “United Kingdom passport” has the same meaning as in the Immigration Act 1971 (see section 33 of that Act). (4) A fee payable under this section may be recovered as a debt due to the Minister. (5) Fees paid to the Minister under this section shall form part of the annual income of the States. (6) This section is without prejudice to any other power to charge a fee.

PART 9 — MISCELLANEOUS AND GENERAL

Welfare of children
Duty regarding the welfare of children.
90. For the avoidance of doubt, this Act does not limit any duty imposed on the Minister or any person by section 55 of the Borders, Citizenship and Immigration Act 2009 (duty regarding welfare of children).
Final provisions
Short title.
96. This Act may be cited as the Immigration Act 2016.

Signed

Ceri King — Deputy Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order extends certain provisions of United Kingdom immigration and related legislation to Jersey, with modifications as necessary. In particular, this Order extends provision contained in the following statutes—

The Order revokes and replaces the Immigration (Jersey) Order 1993 (S.I. 1993/1797), the Asylum and Immigration Act 1996 (Jersey) Order 1998 (S.I. 1998/1070), the Immigration and Asylum Act 1999 (Jersey) Order 2003 (S.I. 2003/1252), The Immigration (Jersey) Order 2012 (S.I. 2012/1763), The Immigration and Asylum (Jersey) Order 2012 (S.I. 2012/2593), The Immigration (Jersey) Order 2015 (S.I. 2015/1532), The Immigration (Jersey) Order 2016 (S.I. 2016/994), The Immigration (Jersey) (Amendment) Order 2017 (S.I. 2017/981), The Counter-Terrorism and Security (Jersey) Order2017 (S.I. 2017/982), The Immigration (Biometric Registration) (Jersey) Order 2018 (S.I. 2018/619), The Immigration (Biometric Information) (Jersey) Order 2018 (S.I. 2018/1358) and (subject to a saving provision) The Immigration (EU Withdrawal) (Jersey) Order 2020 (S.I. 2020/1566).

Footnotes

[^f00001]: 1971 c.77.

[^f00002]: 1981 c.61.

[^f00003]: 1982 c.48.

[^f00004]: 1988 c.14.

[^f00005]: 1993 c.24.

[^f00006]: 1996 c.49.

[^f00007]: 1999 c.33.

[^f00008]: 2002 c.41.

[^f00009]: 2004 c.19.

[^f00010]: 2006 c.13.

[^f00011]: 2007 c.30.

[^f00012]: 2009 c.11.

[^f00013]: 2014 c.22.

[^f00014]: 2015 c.6.

[^f00015]: 2016 c.19.

[^f00016]: 2017 c.3.

[^f00017]: 2018 c.13.

[^f00018]: 2020 c.20

[^f00019]: Revised Edition Chapter 15.360

[^f00020]: Revised Edition Chapter 08.360

[^f00021]: S.I. 1993/1797.

[^f00022]: S.I. 1998/1070

[^f00023]: S.I. 2003/1252.

[^f00024]: S.I. 2012/1763.

[^f00025]: S.I. 2012/2593.

[^f00026]: S.I. 2015/1532.

[^f00027]: S.I. 2016/994.

[^f00028]: S.I. 2017/981.

[^f00029]: S.I. 2017/982.

[^f00030]: S.I. 2018/619.

[^f00031]: S.I. 2018/1358.

[^f00032]: S.I. 2020/1566.

[^f00033]: MINISTERIAL DECISION REFERENCE: MD-HA-2019-0035 https://www.gov.je/SiteCollectionDocuments/Life%20events/ID%20Leave%20to%20Enter%20and%20Remain%20Directions%202017%2012%2013.pdf (Accessed 13 July 2021).

[^f00034]: MINISTERIAL DECISION REFERENCE: MD-C-2015-0070 https://www.gov.je/SiteCollectionDocuments/Life%20events/ID%20Immigration%20%28Landing%20and%20Embarkation%20Card%29%20Directions%202017%2012%2013.pdf (Accessed 13 July 2021).

[^f00035]: MINISTERIAL DECISION REFERENCE: MD-HA-2019-0068 https://www.gov.je/SiteCollectionDocuments/Life%20events/ID%20Immigration%20%28Passenger%20Crew%20and%20Service%20Information%29%20%28Jersey%29%20Direction%202017%2012%2013.pdf (Accessed 13 July 2021).

[^f00036]: MINISTERIAL DECISION REFERENCE: MD-HA-2019-0068 https://www.gov.je/SiteCollectionDocuments/Life%20events/Immigration%20%28Passenger%20Information%29%20Directions%202019%20%28signed%29.pdf(Accessed 13 July 2021).

[^f00037]: MINISTERIAL DECISION REFERENCE: MD-HA-2020-20-0082 https://www.gov.je/SiteCollectionDocuments/Life%20events/ID%20Immigration%20%28Leave%20to%20Enter%20and%20Remain%29%20%28Grace%20Period%29%20%28Jersey%29%20Directions%202020%2020210111%20CB.pdf (Accessed 13 July 2021).

Editorial notes

[^key-7f9e01ab59f2451b25605e5347c21299]: Art. 1 not in force at made date, see art. 1(1)

[^key-92d7b50061d19a0a8d726bd315f0f778]: Art. 2 not in force at made date, see art. 1(1)

[^key-e6daa2715ed26c21fcaf649ece866fd5]: Art. 3 not in force at made date, see art. 1(1)

[^key-1806c879a790fbe3da77cafe9f9c5526]: Art. 4 not in force at made date, see art. 1(1)

[^key-4c99fe021e0b6fbbc404089447b977ed]: Art. 5 not in force at made date, see art. 1(1)

[^key-8e593a6638562cab14f08ade3a907065]: Art. 6 not in force at made date, see art. 1(1)

[^key-b3e1d5223dd34aa8d78f68e47375b942]: Art. 7 not in force at made date, see art. 1(1)

[^key-ba4e56079305d4a103e67b7d97553b90]: Art. 8 not in force at made date, see art. 1(1)

[^key-920070fc435f1b41fc719208dbec2baa]: Art. 9 not in force at made date, see art. 1(1)

[^key-77897a34977df67e1f4a1a3408874f9b]: Art. 10 not in force at made date, see art. 1(1)

[^key-eb245f89df2565595414317a02366b9a]: Art. 11 not in force at made date, see art. 1(1)

[^key-527f10e7620f0e503f13d592edd5daae]: Art. 12 not in force at made date, see art. 1(1)

[^key-51f47a9d413aba3dba06a86c39a32d7c]: Art. 13 not in force at made date, see art. 1(1)

[^key-74c98bab25672334ca8fbf59f931b846]: Art. 14 not in force at made date, see art. 1(1)

[^key-b49d2cb55ec72becdb54459cc24e1135]: Art. 15 not in force at made date, see art. 1(1)

[^key-c8b56ee1208b1d1a18b6802c02c4bfe9]: Art. 16 not in force at made date, see art. 1(1)

[^key-5d585ceeef13eb5adf3c914bbdd59de5]: Sch. 1n1 not in force at made date, see art. 1(1)

[^key-154ce573f8fdb3e054eef75da5e3fc8d]: Sch. 1A Pt. I not in force at made date, see art. 1(1)

[^key-11b3549b6828778a58971751c8de6c5f]: Sch. 1A Pt. III not in force at made date, see art. 1(1)

[^key-269fc4cf104073982aa5c16d47109317]: Sch. 1A Pt. 3A not in force at made date, see art. 1(1)

[^key-7b39e15341d52b125f6eaa4554131ccb]: Sch. 1A Pt. IV not in force at made date, see art. 1(1)

[^key-e0a87793cf2b168da20a54dbabd76d97]: Sch. 2 Pt. I not in force at made date, see art. 1(1)

[^key-2a9310fc3280020ef3e3be1d7b7f1318]: Sch. 3n1 not in force at made date, see art. 1(1)

[^key-af47f3496e3c111721bd06865b9a3833]: Sch. 4n1 not in force at made date, see art. 1(1)

[^key-3ad32776734941da6518c69ed297905b]: Sch. 4A Pt. 1 not in force at made date, see art. 1(1)

[^key-cd409de05528d89a698f177787fe8a8c]: Sch. 2n2 not in force at made date, see art. 1(1)

[^key-ab95f385c477d241a67e20f205192b59]: Sch. 2A not in force at made date, see art. 1(1)

[^key-e527dd50750ab4284d9cbe1cdf83c4e0]: Sch. 3n2 not in force at made date, see art. 1(1)

[^key-6d868b465d94b39de7ab5cbae605a097]: Sch. 3A not in force at made date, see art. 1(1)

[^key-9df99b4063a9555757098bdde894728f]: Sch. 4n2 not in force at made date, see art. 1(1)

[^key-d093ba55ad461e01baabf66fb45d6e8c]: Sch. 4A Pt. I not in force at made date, see art. 1(1)

[^key-5efa2e66cb96505395b76fc618edf71a]: Sch. 4A Pt. II not in force at made date, see art. 1(1)

[^key-b2a0620184dbfe80b898a41cd1371ccd]: Sch. 4A Pt. VII not in force at made date, see art. 1(1)

[^key-bbd078a2d795fe2d804d47aa5b15fe1b]: Sch. 4A Pt. X not in force at made date, see art. 1(1)

[^key-4559512c19debd992d83c1ce9eccae3e]: Sch. 1n2 not in force at made date, see art. 1(1)

[^key-1c9fb8c42674b7ba12a84f257ea84171]: Sch. 15 not in force at made date, see art. 1(1)

[^key-f092ce2b5bf2b6cd9476ad0c99974c3b]: Sch. 5 not in force at made date, see art. 1(1)

[^key-9c74a98100597765569b94c6cb68e8d6]: Sch. 5A Pt. 1 not in force at made date, see art. 1(1)

[^key-3b6e9d831a9760ffe3f971fab05dfd88]: Sch. 5A Pt. 4 not in force at made date, see art. 1(1)

[^key-06354e354bb7cc396679d4bc8083ea24]: Sch. 5A Pt. 5 not in force at made date, see art. 1(1)

[^key-29a7c6f2b8dbe32509fe2c6968c43486]: Sch. 5A Pt. 5A not in force at made date, see art. 1(1)

[^key-f7381a9b46fa3af95b0bd8bb9d84ca32]: Sch. 5A Pt. 6 not in force at made date, see art. 1(1)

[^key-4dd04c43dcbe8011cca412d4f52deb7f]: Sch. 5A Pt. 7 not in force at made date, see art. 1(1)

[^key-cc42c627df76f6c6f9b81c7fd5ee4757]: Sch. 5A Pt. 8 not in force at made date, see art. 1(1)

[^key-d99c414bae69b09cafcfe8de0eeaeafb]: Sch. 6 not in force at made date, see art. 1(1)

[^key-633c598f97b5ca63c0b2712d00a5a7cc]: Sch. 6A not in force at made date, see art. 1(1)

[^key-756aaffad15e4768929eb43e1a0ae7c6]: Sch. 3n3 not in force at made date, see art. 1(1)

[^key-f60f5dbc37a750a87817c7a080b958a6]: Sch. 7 not in force at made date, see art. 1(1)

[^key-a274e02529ebd266a7e105ce8bd04ad3]: Sch. 7A not in force at made date, see art. 1(1)

[^key-b541c5349be694569af9feb020624bba]: Sch. 8 not in force at made date, see art. 1(1)

[^key-7f1c52570ea7d3f664c4cba5916bdd2a]: Sch. 8A not in force at made date, see art. 1(1)

[^key-8305a2d7fc045ce8b25f031caa796a47]: Sch. 9 not in force at made date, see art. 1(1)

[^key-5c5e24b402620d4624d313f798c34f0e]: Sch. 9A not in force at made date, see art. 1(1)

[^key-e88467aaf7ee86b9d6dbcf90e4fa562d]: Sch. 10 not in force at made date, see art. 1(1)

[^key-45dcb75668521de2f8df1fd81c66de1c]: Sch. 10A not in force at made date, see art. 1(1)

[^key-855620c03c01d19ee8ad724bb63847bd]: Sch. 11 not in force at made date, see art. 1(1)

[^key-1442f7d1c6ef03a8ec6cfa9288f5fd87]: Sch. 11A Pt. 4 not in force at made date, see art. 1(1)

[^key-0f250355f93a1d4ab4b997675119300c]: Sch. 1n3 not in force at made date, see art. 1(1)

[^key-eeeec3ba232aa427ed4a8e029648a0f8]: Sch. 2n3 not in force at made date, see art. 1(1)

[^key-4c03d3564a060ebc622b7277dc6d024a]: Sch. 3n4 not in force at made date, see art. 1(1)

[^key-18f70b4f927a43fb70ba4b71ee35464e]: Sch. 4n3 not in force at made date, see art. 1(1)

[^key-549320854d86f3fe7c711448b93cd997]: Sch. 12 not in force at made date, see art. 1(1)

[^key-b07e57e8745f93b794e8912e1cad567b]: Sch. 12A Pt. 3 not in force at made date, see art. 1(1)

[^key-05725324a7c46dfdee5ddeb7fec2678d]: Sch. 12A Pt. 9 not in force at made date, see art. 1(1)

[^key-c622d12f9d58c27f591734e953945b9f]: Words in Sch. 1 table substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(2), Sch. Pt. 2

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