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The Immigration (Jersey) Order 2021
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- UK Statutory Instruments
- 2021 No. 1281
- SCHEDULE 4
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Article 6
SCHEDULE 4U.K.Extension and modification of the Immigration and Asylum Act 1999
Commencement Information
I1Sch. 4n2 comes into force in accordance with art. 1(1)
Column 1 Provision | Column 2 Modification |
|---|---|
| Part I: heading and cross-heading | In the cross-heading for “the United Kingdom” substitute “Jersey”. |
| Section 10: heading (see the 2014 Act s.1) | For “the United Kingdom” substitute “Jersey”. |
| Section 10 as substituted by the 2014 Act s.1 | For “the United Kingdom” in each place substitute “Jersey”. For “Secretary of State” in each place substitute “Minister”. For subsection (5) substitute subsection (3) set out in Schedule 4A. In subsection (9) – (a) in paragraph (h) for “UK” substitute “Jersey”; (b) omit paragraph (i). In subsection (10) for “regulations” substitute “Order”. For subsection (11) substitute subsection (11) set out in Schedule 4A. |
| Section 13: heading | (No modification) |
| Section 13 | In subsection (1)(a) for “the United Kingdom” substitute “Jersey”. In subsections (2) and (3) for “Secretary of State” substitute “Minister”. For subsection (4) substitute subsections (4) and (4A) set out in Schedule 4A. In subsection (5)(b) for “regulations” substitute “Regulations”. |
| Section 14: heading | For “the United Kingdom” substitute “Jersey”. |
| Section 14 | In subsection (1) for “the United Kingdom” substitute “Jersey”. In subsection (2) for “Secretary of State may be regulations” substitute “Minister may by Order”. In subsection (3) – (a) for “The regulations” substitute “Such Order”; In paragraph (a) for “the United Kingdom” substitute “Jersey”; (b) in paragraph (b) for “Secretary of State” substitute “Minister”. |
| Section 24: cross-heading | (No modification) |
| Section 24: heading | (No modification) |
| Section 24 as amended by the 2014 Act s.55(2) | For subsection (1) substitute subsection (1) set out in Schedule 4A. Omit subsection (2). In subsection (3) for “Secretary of State without delay and in such form and manner as may be prescribed by regulations” substitute “Minister without delay and in writing”. Omit subsection (4). In subsection (5) – (a) in paragraph (c)(i) for “United Kingdom immigration law or the immigration rules” substitute “immigration law or the immigration rules in Jersey or elsewhere in the British Islands”; (b) in paragraph (c)(ii) for “the United Kingdom” substitute “Jersey or elsewhere in the British Islands”. For subsection (6) substitute subsections (6) and (7) set out in Schedule 4A. |
| Section 24A (new section): heading | Insert heading set out in Schedule 4A. |
| Section 24A (new section) | After section 24 insert section 24A set out in Schedule 4A. |
| Section 25: cross-heading | (No modification) |
| Section 25: heading | (No modification) |
| Section 25 | In subsections (1) and (2) for “Secretary of State” in each place substitute “Minister”. Omit subsections (3) and (4). For subsection (5) substitute subsection (5) set out in Schedule 4A. In subsection (7) for “order made by the Secretary of State” substitute “Order made by the Minister”. |
| Section 26: heading | (No modification) |
| Section 26 | In subsection (1) for “Secretary of State” substitute “Minister”. |
| Section 31: heading | (No modification) |
| Section 31 | In subsections (1) and (2) for “the United Kingdom” in each place substitute “Jersey”. For subsection (3) substitute subsection (3) set out in Schedule 4A. In subsection (7) for “Secretary of State” substitute “Minister”. Omit subsections (8) and (9). For subsections (10) and (11) substitute subsection (10) set out in Schedule 4A. |
| Part II: heading | (No modification) |
| Section 32: cross-heading | (No modification) |
| Section 32: heading | (No modification) |
| Section 32 as amended by the 2002 Act Schedule 8 paragraph 2(3),(4),(5)(a),(b), (7) and (8) | In subsection (1) for “the United Kingdom” in each place substitute “Jersey”. In subsections (2), (2A) and (3) for “Secretary of State” substitute “Minister”. In subsection (10) – (a) for “United Kingdom immigration control and includes any United Kingdom” substitute “Jersey immigration control and includes any Jersey”; (b) for “the United Kingdom” substitute “Jersey”. |
| Section 32A: heading | (No modification) |
| Section 32A as inserted by the 2002 Act Schedule 8 paragraph 3 | For “Secretary of State” in each place substitute “Minister”. Omit subsections (3), (4) and (6). |
| Section 33: heading as substituted by the 2002 Act Schedule 8 paragraph 4 | (No modification) |
| Section 33 | For “Secretary of State” in each place substitute “Minister”. In subsection (2) for paragraphs (a) and (b) substitute “consult such persons as he considers appropriate”. Omit subsections (3) and (4). In subsection (6) for “Subsections (2) and (4) also apply” substitute “Subsection (2) also applies”. |
| Section 34: heading | (No modification) |
| Section 34 as amended by the 2002 Act Schedule 8 paragraph 6(2), (3), (5) and (6) and Schedule 9 | In subsection (4) for “Secretary of State” substitute “Minister”. |
| Section 35: heading | (No modification) |
| Section 35 as amended by the 2002 Act Schedule 8 paragraph 7(2), (3), (4)(a) and (b) and (5) | For “Secretary of State” in each place substitute “Minister”. In subsection (2)(a) for “Secretary of State’s” substitute “Minister’s”. In subsection (9) for “regulations” substitute “Order”. In subsection (12) for “the United Kingdom” substitute “Jersey”. In subsection (13) for “regulations” in each place substitute “Order”. |
| Section 35A: heading (see the 2002 Act Schedule 8 paragraph 8) | (No modification) |
| Section 35A as inserted by the 2002 Act Schedule 8 paragraph 8 | In subsection (3) – (a) for “Secretary of State’s” substitute “Minister’s”; (b) for “Secretary of State” substitute “Minister”. In subsection (4) for “Civil Procedure Rules” substitute “Rules of Court”. |
| Section 36: heading | (No modification) |
| Section 36 as amended by the 2002 Act Schedule 8 paragraph 9(2)(a) and (3) | For “Secretary of State” in each place substitute “Minister”. In subsection (2B) for “ship, small aircraft or rail freight wagon” substitute “ship or small aircraft”. In subsection (2C)(b) for “ship, aircraft or wagon by an immigration officer after it arrived in the United Kingdom” substitute “ship or aircraft by an immigration officer after it arrived in Jersey”. |
| Section 36A: heading (see the 2002 Act Schedule 8 paragraph 10) | (No modification) |
| Section 36A as inserted by the 2002 Act Schedule 8 paragraph 10 | For “Secretary of State” in both places substitute “Minister”. In subsection (2) for “, small aircraft or rail freight wagon” substitute “or small aircraft”. In subsections (3) and (6) for “ship, aircraft or wagon” substitute “ship or aircraft”. |
| Section 37: heading | (No modification) |
| Section 37 as amended by the 2002 Act Schedule 8 paragraph 11(5), (6) and (7) | In subsections (4) and (5) for “Secretary of State” substitute “Minister”. |
| Section 40: cross-heading | (No modification) |
| Section 40: heading (see the 2002 Act Schedule 8 paragraph 13) | (No modification) |
| Section 40 as substituted by the 2002 Act Schedule 8 paragraph 13 | For “the United Kingdom” in each place substitute “Jersey”. For “Secretary of State” in each place substitute “Minister”. Omit subsections (7) and (8). In subsection (9)(b) after “United Kingdom” insert “and Islands”. In subsection (10) for “by order” substitute “by Order”. |
| Section 40A: heading (see the 2002 Act Schedule 8 paragraph 13) | (No modification) |
| Section 40A as inserted by the 2002 Act Schedule 8 paragraph 13 | For “Secretary of State” in each place substitute “Minister”. In subsection (2)(a) for “Secretary of State’s” substitute “Minister’s”. |
| Section 40B: heading (see the 2002 Act Schedule 8 paragraph 13) | (No modification) |
| Section 40A as inserted by the 2002 Act Schedule 8 paragraph 13 | In subsection (3) – (a) for “Secretary of State’s” substitute “Minister’s”; (b) for “Secretary of State” substitute “Minister”. In subsection (4) for “Civil Procedure Rules” substitute “Rules of Court”. |
| Section 41: heading | (No modification) |
| Section 41 | In subsection (1) for “Secretary of State may by order” substitute “Minister may by Order”. In subsection (2) in the definition of “Transit passengers” for “the United Kingdom pass through to another country without entering the United Kingdom” substitute “Jersey from a country outside the British Islands pass through to another country outside the British Islands without entering Jersey”. In subsection (3) – (a) for “order” in each place substitute “Order”; (b) in paragraph (b) for “the United Kingdom” substitute “Jersey”. |
| Section 43: cross-heading | (No modification) |
| Section 43: heading | (No modification) |
| Section 43 as amended by the 2002 Act Schedule 8 paragraph 15(b) and (h) | For subsections (2) and (3) substitute subsections (2) and (3) set out in Schedule 4A. |
| Part VII: heading | (No modification) |
| Section 141: cross-heading | (No modification) |
| Section 141: heading | (No modification) |
| Section 141 as amended by the 2004 Act s.15(4); the 2006 Act s.28(2) and (3); the 2014 Act Schedule 9(4) paragraph 29; and the 2016 Act s.57(2), (3), (4), (5) and (6) | For “Secretary of State” in each place substitute “Minister”. For “the United Kingdom” in each place substitute “Jersey”. In subsection (5) – (a) for “constable” substitute “police officer”; (b) after paragraph (c) add “or”; (c) omit “; or (e) a person who is employed by a contractor in connection with the discharge of the contractor’s duties under a removal centre contract”. Omit subsection (6). For paragraph (c) of subsection (7) substitute paragraph (c) of subsection (7) set out in Schedule 4A. In paragraph (f)(ii) of subsection (7) for “(c)(i)” substitute “(c)” For subsection paragraph (c) of subsection (9) substitute paragraph (c) of subsection (9) set out in Schedule 4A. In subsection (12) – (a) in paragraph (a) for “constable, by a person designated for the purpose by the chief constable of his police force” substitute “police officer, by a person designated for the purpose by the Chief Officer of the States of Jersey Police Force”; (b) in paragraph (b) for “a chief immigration officer” substitute “the Chief Immigration Officer”. For subsection (15) substitute subsection (15) set out in Schedule 4A. |
| Section 142: heading | (No modification) |
| Section 142 as amended by the 2006 Act s.29; and the 2016 Act s.57(8) and (9) | In subsection (1) for “Secretary of State” substitute “Minister”. In subsection (3) for “constable” substitute “police officer”. |
| Section 143: heading | (No modification) |
| Section 143 | For “the United Kingdom” in both places substitute “Jersey”. Omit subsections (3), (4), (5), (6), (7) and (8). In subsection (9) – (a) after “F” insert “(within the meaning of section 141(7))”; (b) after “the person” insert “of whose family he is a member or”. For “Secretary of State” in each place substitute “Minister”. Omit subsection (14). In subsection (15)(a) for “by order” substitute “by Order”. |
| Section 144: heading | (No modification) |
| Section 144 as amended by the 2002 Act s.128(1); and the 2014 Act Schedule 2 paragraphs 2(2) and (3) | In subsection (1) – (a) for “Secretary of State may make regulations” substitute “States may make Regulations”; (b) for “prescribed” substitute “specified in the Regulations”. |
| Section 144A: heading (see the 2014 Act s.14(2)) | (No modification) |
| Section 144A as inserted by the 2014 Act s.14(2); and amended by the 2016 Act s.57(11) | For “regulations” in each place substitute “Regulations”. |
| Section 145: cross-heading | (No modification) |
| Section 145: heading | (No modification) |
| Section 145 as amended by the 2002 Act s.128(2) | In subsection (2A) for “regulations” substitute “Regulations”. In subsection (4) for “Secretary of State” substitute “Minister”. For subsection (6) substitute subsection (6) set out in Schedule 4A. Omit subsection (7). |
| Section 146: heading | (No modification) |
| Section 146 as amended by the 2002 Act s.153(2); and the 2014 Act Schedule 1 paragraph 5 | In subsection (2) – (a) in paragraph (a) omit “28CA, 28FA or”; and (b) in paragraph (c) for “regulations” substitute “Regulations”. |
| Part X: heading | (No modification) |
| Section 166:heading | For “orders” substitute “Orders”. |
| Section 166 | For section 166 substitute section 166 set out in Schedule 4A. |
| Section 167: heading | (No modification) |
| Section 167 as amended by the 2006 Act Schedule 3 | In subsection (1) – (a) omit the definitions of “adjudicator”, “Chief Adjudicator”, “the Commission” and “voluntary organisations”; (b) for the definition of “claim for asylum” substitute the definition of “claim for asylum” set out in Schedule 4A; (c) in the definition of “the Human Rights Convention” for “the United Kingdom” substitute “Jersey”; (d) after that definition insert the definition of “the Minister” set out in Schedule 4A; (e) in the definition of “prescribed” for “regulations made by the Secretary of State” substitute “Order made by the Minister”. |
| Section 169: heading | For the heading substitute the heading set out in Schedule 4A. |
| Section 169 | For section 169 substitute section 169 set out in Schedule 4A. |
| Section 170: heading | Omit “, commencement and extent” |
| Section 170 | In subsection (1) omit “—(1)” Omit subsections (2) to (7). |
| Schedule 1: heading | (No modification) |
| Schedule 1, paragraph 1: heading | (No modification) |
| Schedule 1, paragraph 1 | In sub-paragraph (2)(c) for “Secretary of State” substitute “Minister”. |
| Schedule 1, paragraph 2: heading | (No modification) |
| Schedule 1, paragraph 2 | For “Secretary of State” in both places substitute “Minister”. |
| Schedule 1, paragraph 2A as inserted by the 2002 Act Schedule 8 paragraph 16(3) | (No modification) |
| Schedule 1, paragraph 3: heading | (No modification) |
| Schedule 1, paragraph 3 | For “Secretary of State” substitute “Minister”. |
| Schedule 1, paragraph 4: heading | (No modification) |
| Schedule 1, paragraph 4 | For “Secretary of State” substitute “Minister”. |
| Schedule 1, paragraph 5: heading | (No modification) |
| Schedule 1, paragraph 5 | In sub-paragraph (1) omit “or 42”. In sub-paragraph (2)– (a) for “regulations” substitute “Order”; (b) in sub-sub-paragraph (b) for “value added tax” substitute “goods and services tax”; (c) in sub-sub-paragraph (c) for “Secretary of State” substitute “Minister”; (d) in sub-sub-paragraph (d) omit “or charge”; (e) omit sub-sub-paragraph (e). |
| Schedule 15: heading | (No modification) |
| Schedule 15, paragraph 1: heading | (No modification) |
| Schedule 15, paragraph 1 | For “order” in both places substitute “Order”. After sub-paragraph (2) insert sub-paragraph (3) set out in Schedule 4A. |
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