The Immigration (Jersey) Order 2021

PART 4 U.K. AVIATION AND SHIPPING

Commencement Information

I1 Sch. 11A Pt. 4 comes into force in accordance with art. 1(1)

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.