Counter-Terrorism and Security (Jersey) Order 2017

The Counter-Terrorism and Security (Jersey) Order 2017 Made by Her Majesty in Council 11th October 2017 Registered by the Royal Court 3rd November 2017 In force 10th November 2017 HER MAJESTY , in exercise of the powers conferred upon Her by section 51(3) of the Counter-Terrorism and Security Act 2015 is pleased, by and with the advice of Her Privy Council, to order as follows: 1 Citation, commencement and interpretation (1) This Order may be cited as the Counter-Terrorism and Security (Jersey) Order 2017 and comes into force on the seventh day after the day on which it is registered by the Royal Court of Jersey. (2) In this Order – “the 2015 Act” means the Counter-Terrorism and Security Act 2015; “Jersey” means the Bailiwick of Jersey. (3) For the purposes of construing provisions of the 2015 Act as part of the law of Jersey, a reference to an enactment which extends to Jersey is construed as a reference to that enactment as it has effect in Jersey. 2 Extension of the 2015 Act to Jersey The following provisions of the 2015 Act shall extend to Jersey – (a) Part 1 (Temporary restrictions on travel) subject to the modifications specified in Schedule 1 to this Order; (b) Part 4 (Aviation, shipping and rail) subject to the modifications specified in Schedule 2 to this Order; (c) Schedule 1 (Seizure of passports etc from persons suspected of involvement in terrorism) subject to the modifications specified in Schedule 3 to this Order; (d) Schedule 2 (Urgent temporary exclusion orders: reference to the court etc) subject to the modifications specified in Schedule 4 to this Order; (e) Schedule 3 (Temporary exclusion orders: proceedings) subject to the modifications specified in Schedule 5 to this Order; (f) Schedule 4 (Temporary exclusion orders: appeals against convictions) subject to the modifications specified in Schedule 6 to this Order; and (g) Schedule 5 (Aviation, maritime and rail security) subject to the modifications specified in Schedule 7 to this Order. Richard tilbrook Clerk of the Privy Council SCHEDULE 1 (Article 2(a)) MODIFICATIONs of PART 1 of the COUNTER-TERRORISM AND SECURITY act 2015 as IT extendS to jersey 1 For section 1 (Seizure of passports etc from persons suspected of involvement in terrorism) substitute – “ 1. Seizure of passports etc from persons suspected of involvement in terrorism Schedule 1 makes provision for the seizure and temporary retention of travel documents where a person is suspected of intending to leave Jersey in connection with terrorism-related activity.”. 2 In the heading to Chapter 2 (TEMPORARY EXCLUSION FROM THE UNITED KINGDOM) for the “THE UNITED KINGDOM” substitute “JERSEY”. 3 In section 2 (Temporary exclusion orders) – (a) for “the United Kingdom” wherever it occurs (except subsections (3) and (5)) substitute “Jersey”; (b) in subsections (3) and (5) for “United Kingdom” substitute “British Islands”; (c) for “Secretary of State” wherever it occurs substitute “Minister”; (d) in subsection (7)(a) for “court” substitute “Royal Court”. 4 In section 3 (Temporary exclusion orders: prior permission of the court) – (a) for “Secretary of State” wherever it occurs substitute “Minister”; (b) for “court” wherever it occurs (except in subsection (4)) substitute “Royal Court”. 5 In section 4 (Temporary exclusion orders: supplementary provision) – (a) for “Secretary of State” wherever it occurs substitute “Minister”; (b) in subsection (7) for “the United Kingdom” in both places it occurs substitute “Jersey”; (c) in subsection (10) for “United Kingdom” substitute “British Islands”. 6 In section 5 (Permit to return) – (a) for “the United Kingdom” wherever it occurs substitute “Jersey”; (b) for “Secretary of State” wherever it occurs substitute “Minister”. 7 In section 6 (Issue of permit to return: application by individual) – (a) for “Secretary of State” wherever it occurs substitute “Minister”; (b) in subsection (2)(a) for “constable” substitute “police officer”; (c) in subsection (5) for “the United Kingdom” in both places it occurs substitute “Jersey”. 8 In section 7 (Issue of permit to return: deportation or urgent situation) – (a) for “Secretary of State” wherever it occurs substitute “Minister”; (b) in subsection (1) for “the United Kingdom” substitute “Jersey”. 9 In section 8 (Permit to return: supplementary provision) – (a) for “Secretary of State” wherever it occurs substitute “Minister”; (b) in subsection (2)(b) and (4) for “the United Kingdom” substitute “Jersey”. 10 In section 9 (Obligations after return to the United Kingdom) – (a) in the heading (and in the cross heading before the section) for “the United Kingdom” substitute “Jersey”; (b) in subsections (1) and (4) for “Secretary of State” substitute “Minister”; (c) in subsections (1) and (6) for “the United Kingdom” wherever it occurs substitute “Jersey”; (d) for subsection (2)(a) substitute – “(a) an obligation – (i) to report to a police station at such times and in such manner as the Minister may by notice require, and to comply with any directions given by a police officer in relation to such reporting; (ii) to attend appointments with specified persons or persons of specified descriptions at specified times and places, and to comply with any reasonable directions given by the Minister that relate to matters about which the individual is required to attend an appointment;”; (e) after subsection (2) insert – “(2A) A notice under this section may provide that a requirement to report to a police station is not to apply if conditions specified in the notice are met.”. 11 In section 10 (Offences) – (a) in subsection (1) for “the United Kingdom” substitute “Jersey”; (b) in subsection (4) for “regulations” substitute “an Order”; (c) for subsection (5) substitute – “(5) An individual guilty of an offence under this section is liable on conviction to imprisonment for a term not exceeding 5 years or to a fine, or to both.”; (d) for subsection (6) substitute – “(6) Where an individual is convicted by or before a court of an offence under this section, it is not open to that court to make in respect of the offence an order for a conditional discharge.”; (e) omit subsection (8). 12 In section 11 (Review of decisions relating to temporary exclusion orders) – (a) in subsection (1) for “the United Kingdom” substitute “Jersey”; (b) for “court” wherever it occurs substitute “Royal Court”; (c) for “Secretary of State” wherever it occurs substitute “Minister”; (d) for subsection (9) substitute – “(9) The power under this section to quash a temporary exclusion order, permitted obligation or notice under section 9 includes power to stay the quashing for a specified time, or pending an appeal or further appeal against the decision to quash.”. 13 In section 13 (Regulations: giving of notices, legislation to passports) – (a) in the heading for “Regulations” substitute “Orders”; (b) in subsection (1) for “Secretary of State may by regulations” substitute “Minister may by Order”; (c) in subsection (2) for “regulations” substitute “Order”; (d) in subsection (3) for “Secretary of State may make regulations” substitute “Minister may make Orders”; (e) for subsection (4) substitute – “(4) The Subordinate Legislation (Jersey) Law 1960 [1] shall apply to Orders under this section.”; (f) omit subsection (5). 14 In section 14 (Chapter 2: interpretation) – (a) in subsection (2) – (i) in the definition of “act of terrorism” for “Terrorism Act 2000 (see section 1(5) of that Act)” substitute “Terrorism (Jersey) Law 2002 [2] (see Article 1 of that Law)”; (ii) omit the definition of “court”; (iii) after that definition insert – “ “Jersey” means the Bailiwick of Jersey; “Minister” means the Minister for Home Affairs;”; (iv) after the definition of “permit to return” insert – “ “police officer” has the same meaning as in Part 1 of the Schedule to the Interpretation (Jersey) Law 1954 [3] ;”; (v) in the definition of “terrorism” for “Terrorism Act 2000 (see section 1(1) to (4) of that Act)” substitute “Terrorism (Jersey) Law 2002 [4] (see Article 1 of that Law)”; (b) in subsection (6) for “the United Kingdom” wherever it occurs substitute “Jersey”. 15 Omit section 15 (Chapter 2: consequential amendments). SCHEDULE 2 (Article 2(b)) MODIFICATIONs of PART 4 of the COUNTER-TERRORISM AND SECURITY act 2015 as IT extendS to jersey 1 For the heading to Part 4 (AVIATION, SHIPPING AND RAIL) substitute “AVIATION AND SHIPPING”. 2 In section 22 (Authority-to-carry schemes) – (a) for subsection (1) substitute – “(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”.”; (b) in subsection (4) for “The Secretary of State” substitute “An Order under subsection (1)”; (c) in subsection (5) for “Secretary of State” (in both places) substitute “Minister”; (d) in subsection (7) for “the United Kingdom” substitute “Jersey”; (e) for subsection (8) substitute – “(8) The Subordinate Legislation (Jersey) Law 1960 [5] shall apply to Orders under this section.”; (f) omit subsections (9) and (10). 3 Omit section 23 (Authority-to-carry schemes: entry into force etc). 4 In section 24 (Penalty for breach of authority-to-carry scheme) – (a) in subsection (1) for “Secretary of State may make regulations” substitute “Minister may make provision by Order”; (b) in subsection (2) for “Regulations” substitute “An Order”; (c) in subsection (3) – (i) for “Regulations” substitute “An Order”; (ii) for “regulations” substitute “Order”; (d) in subsection (4) for “regulations” (in both places) substitute “Order”; (e) in subsection (5) – (i) for “regulations must” substitute “Order must”; (ii) for “regulations made” substitute “an Order made”; (f) for subsections (6) and (7) substitute – “(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. (7) The Subordinate Legislation (Jersey) Law 1960 [6] shall apply to Orders under this section.”. 5 In section 25 (Aviation, maritime and rail security) – (a) for the heading substitute “Aviation and maritime security”; (b) in subsection (1) for “aviation, maritime and rail” substitute “aviation and maritime”; (c) in subsection (3) for paragraphs (a), (b) and (c) substitute – “(a) the Aviation Security Act 1982, and (b) the Aviation and Maritime Security Act 1990.”. SCHEDULE 3 (Article 2(c)) MODIFICATIONs of SCHEDULE 1 To the COUNTER-TERRORISM AND SECURITY act 2015 as IT extendS to jersey 1 In paragraph 1 (Interpretation) – (a) after sub-paragraph(1) insert – (1A) “Jersey” means the Bailiwick of Jersey. (1B) “Minister” means the Minister for Home Affairs.”; (b) in sub-paragraph (2) after “Immigration Act 1971” insert “, as extended to Jersey by the Immigration (Jersey) Order 1993 [7] ”; (c) in sub-paragraph (3) for all the words after “designated as” substitute “an officer of the Impôts within the meaning of Article 4 of the Customs and Excise (Jersey) Law 1999 [8] .”; (d) after sub-paragraph (3) insert – “(3A) “Police officer” has the same meaning as in Part 1 of the Schedule to the Interpretation (Jersey) Law 1954 [9] .”; (e) in sub-paragraph (4) for “Secretary of State” substitute “Minister”; (f) in sub-paragraph (5) for “superintendent” substitute “chief inspector”; (g) for sub-paragraph (6)(b) substitute – “(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 the Bailiwick of Guernsey or the Isle of Man.”; (h) in sub-paragraph (7) – (i) in paragraph (a) after “Immigration Act 1971” insert “, as extended to Jersey by the Immigration (Jersey) Order 1993 [10] ”; (ii) in paragraph (b) for “United Kingdom” substitute “British Islands”; (i) in sub-paragraph (8) – (i) omit paragraphs (c), (d) and (e); (ii) in paragraph (f) for “Great Britain or Northern Ireland” substitute “Jersey”; (j) omit sub-paragraph (9); (k) for sub-paragraphs (11) and (12) substitute – “(11) “Terrorism” and “terrorist” have the same meaning as in the Terrorism (Jersey) Law 2002 [11] (see Articles 2 and 36 of that Law). (12) “Judicial authority” means the Juge d’Instruction appointed in pursuance of the Loi (1864) concernant la charge de Juge d’Instruction [12] and includes any person exercising the functions of the Juge d’Instruction.”; (l) omit sub-paragraphs (13) and (14); (m) after sub-paragraph (15) insert – “(16) The standard scale” means the scale set out in the Schedule to the Criminal Justice (Standard Scale of Fines) (Jersey) Law 1993 [13] .”. 2 In paragraph 2 (Powers of search and seizure etc) – (a) in sub-paragraph (1) – (i) for “Great Britain” wherever it occurs substitute “Jersey”; (ii) for “constable” substitute “police officer”; (iii) for “United Kingdom” (in paragraph (a)) substitute “British Islands”; (b) omit sub-paragraph (2); (c) in sub-paragraphs (3) and (4) for “constable” substitute “police officer”; (d) in sub-paragraph (5) – (i) for “constable” wherever it occurs substitute “police officer”; (ii) for “or officer” (in paragraphs (b) and (d)) substitute “or the qualified officer”; (e) in sub-paragraph (7) – (i) for “constable” substitute “police officer”; (ii) in paragraph (c) for “constable’s or officer’s” substitute “police officer’s or qualified officer’s”; (f) for sub-paragraph (8) substitute – “(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.”; (g) in sub-paragraph 9 – (i) for “constable” in both places substitute “police officer”; (ii) for “The officer or official” substitute “The immigration officer or customs official”. 3 In paragraph 3 (Travel documents in possession of immigration officers or customs officials) in sub-paragraph (1) for “constable” wherever it occurs substitute “police officer”. 4 In paragraph 4 (Authorisation by senior police officer for retention of travel document) – (a) for “constable” wherever it occurs substitute “police officer”; (b) in sub-paragraph 3 – (i) for paragraph (a) substitute – “(a) the person is suspected of intending to leave Jersey for the purpose of involvement in terrorism-related activity outside the British Islands, and”; (ii) in paragraph (b) for “or officer” substitute “or qualified officer”; (c) in subparagraph (4) for paragraph (a) substitute – “(a) the person is suspected of intending to leave Jersey for the purpose of involvement in terrorism-related activity outside the British Islands, and”. 5 In paragraph 5 (Retention or return of documents seized) – (a) in sub-paragraph (1) – (i) in paragraph (a) for “the Secretary of State considers” substitute “consideration is given to”; (ii) in paragraph (c) for “Secretary of State” substitute “Minister”; (b) in sub-paragraphs (4) and (5) for “constable” substitute “police officer”; (c) in sub-paragraph (5) – (i) for “Great Britain or (as the case may be) the United Kingdom” substitute “Jersey”; (ii) for “outside the United Kingdom” substitute “outside the British Islands”. 6 In paragraph 6 (Review of retention of travel documents) – (a) in sub-paragraph (1)(b) for “constable” substitute “police officer”; (b) in sub-paragraph (2)(a) omit “chief”; (c) in sub-paragraphs (3)(c) and (4) for “relevant chief constable” substitute “Chief Officer”; (d) in sub-paragraph (5) for “Secretary of State” substitute “Minister”; (e) in sub-paragraph (6) for the definition of “relevant chief constable” substitute – “Chief Officer means the Chief Officer of the States of Jersey Police Force.”. 7 For paragraph 7 (Detention of document for criminal proceedings etc) substitute – “ 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.”. 8 In paragraph 10 (Extension of 14-day period by judicial authority) in sub-paragraph (2) – (a) in paragraph (a) for “section 40(1)(a) of the Terrorism Act 2000” substitute “Article 36(a) of the Terrorism (Jersey) Law 2002 [14] ”; (b) in paragraph (c) for “section 23 or 23A of that Act” substitute “Article 27 of (and Schedule 3 to) that Law”. 9 In paragraph 14 (Persons unable to leave the United Kingdom) – (a) for “the United Kingdom” wherever it occurs (including the heading) substitute “Jersey”; (b) in sub-paragraph (2) for “Secretary of State” substitute “Minister”. 10 In paragraph 15 (Offences) for sub-paragraph (3) substitute – “(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.”. 11 In paragraph 16 (Offences) for “constable” substitute “police officer”. 12 In paragraph 17 (Accredited immigration officers and customs officials) – (a) for “Secretary of State” in sub-paragraph (1) substitute “Minister”; (b) for “constable” in sub-paragraphs (2) and (5) substitute “police officer”. 13 In paragraph 18 (Code of practice) – (a) in sub-paragraph (1) for “Secretary of State” substitute “Minister”; (b) in sub-paragraph (2)(c) for “constables” substitute “police officers”; (c) in sub-paragraphs (3) and (4) for “constable” substitute “police officer”. 14 Omit paragraph 19 (Publication of code in draft etc). 15 In paragraph 20 (Revisions to code of practice) – (a) in sub-paragraph (1) for “Secretary of State” substitute “Minister”; (b) omit sub-paragraph (2). SCHEDULE 4 (Article 2(d)) MODIFICATIONs of SCHEDULE 2 To the COUNTER-TERRORISM AND SECURITY act 2015 as IT extendS to jersey 1 In paragraph 1 (Application) for “Secretary of State” substitute “Minister”. 2 In paragraph 2 (Statement of urgency) – (a) for “Secretary of State” substitute “Minister”; (b) for “court” substitute “Royal Court”. 3 In paragraph 3 (Reference to court) – (a) for “court” in the heading and wherever it occurs in sub-paragraphs (1), (2) and (4) substitute “Royal Court”; (b) in sub-paragraph (1) for “Secretary of State” substitute “Minister”; (c) in sub-paragraph (3) for “court’s” substitute “Royal Court’s”. 4 In paragraph 4 (Decision by court) – (a) for “court” wherever it occurs (including the heading) substitute “Royal Court”; (b) for “Secretary of State” wherever it occurs substitute “Minister”. 5 In paragraph 5 (Procedures on reference) – (a) for “court” wherever it occurs substitute “Royal Court”; (b) in sub-paragraph (2) for “the court’s” substitute “its”. 6 In paragraph 6 (Interpretation) in sub-paragraph (1) for “court” substitute “Royal Court”. SCHEDULE 5 (Article 2(e)) MODIFICATIONs of SCHEDULE 3 To the COUNTER-TERRORISM AND SECURITY act 2015 as IT extendS to jersey 1 In paragraph 1 (Introductory) for the definitions of “appeal proceedings”, “the relevant court” and “rules of court” substitute – “ “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;”. 2 In paragraph 2 (Rules of court: general provision) – (a) in sub-paragraph (1) for “A person making rules of court relating to TEO proceedings or appeal proceedings must have regard” substitute “Regard must be had, in making rules of court relating to TEO proceedings or appeal proceedings,”; (b) in sub-paragraph (2)(f) for “as a special advocate” substitute “as special counsel”; (c) in sub-paragraph (3) – (i) in paragraph (a) for “Secretary of State” substitute “Minister”; (ii) in paragraph (b) for “as a special advocate” substitute “as special counsel”. 3 In paragraph 3 (Rules of court: disclosure) for “Secretary of State” and “Secretary of State’s” wherever they occur substitute “Minister” and “Minister’s” respectively. 4 In paragraph 4 (Rules of court: disclosure) – (a) for “Secretary of State” and “Secretary of State’s” wherever they occur substitute “Minister” and “Minister’s” respectively; (b) in sub-paragraphs (1)(a) and (4)(b) for “as a special advocate” substitute “as special counsel”. 5 In paragraph 5 (Article 6 rights) for sub-paragraph (2) substitute – “(2) The “Human Rights Convention” means the Convention within the meaning of the Human Rights (Jersey) Law 2000 [15] (see Article 1(1) of that Law).”. 6 In paragraph 6 (Rules of court: anonymity) – (a) sub-paragraphs (1) and (4) for “Secretary of State” substitute “Minister”; (b) in sub-paragraph (1) for “the court” wherever it occurs substitute “the Royal Court”; (c) in sub-paragraph (2) omit “or the Inner House of the Court of Session”. 7 Omit paragraph 7 (Initial exercise of rule-making powers by Lord Chancellor). 8 In paragraph 8 (Use of advisers) – (a) in sub-paragraph (1) for paragraph (a) substitute – “(a) call in aid one or more advisers able to be called in aid by the equivalent court in England and Wales, and”; (b) omit sub-paragraph (2); (c) in sub-paragraph (3) after “the use of” insert “, and payment of remuneration, expenses and allowances to,”; (d) omit sub-paragraph (4). 9 Omit paragraph 9 (Nomination of a judge of the Court of Session). 10 In paragraph 10 (Appointment of special advocate) – (a) in the heading for “special advocate” substitute “special counsel”; (b) in sub-paragraph (1) for “appropriate law officer” substitute “Attorney General”; (c) in sub-paragraph (2) for “as a “special advocate” ” substitute “as “special counsel” ”; (d) omit sub-paragraph (3); (e) in sub-paragraph (4) for “as a special advocate” substitute “as special counsel”; (f) for sub-paragraph (5) substitute – “(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.”. 11 In paragraph 11 (Relationship with other powers to make rules of court and other proceedings) omit sub-paragraph (b). SCHEDULE 6 (Article 2(f)) MODIFICATIONs of SCHEDULE 4 To the COUNTER-TERRORISM AND SECURITY act 2015 as IT extendS to jersey 1 For paragraph 2 (Court in which appeal to be made) substitute – “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.”. 2 In paragraph 4 (The appeal) – (a) in sub-paragraph (2) – (i) for “on indictment” substitute “before the Royal Court”; (ii) for paragraph (c) substitute – “(c) is to be treated as an appeal under Article 24 of the Court of Appeal (Jersey) Law 1961 [16] , but does not require leave.”; (b) omit sub-paragraphs (3) and (4); (c) in sub-paragraph (5) – (i) for “to the Crown Court or to the county court in Northern Ireland against a summary conviction” substitute “to the Royal Court against a conviction before the Magistrate’s Court”; (ii) in paragraph (b) for “section 111 of the Magistrates’ Courts Act 1980 or Article 146 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26))” substitute “under Article 21 of the Magistrate’s Court (Miscellaneous Provisions) (Jersey) Law 1949 [17] ”; (iii) in paragraph (d) for “under section 108(1)(b) of that Act or, in Northern Ireland, under Article 140(1)(b) of that Order” substitute “under Article 17(1)(b) of that Law”. SCHEDULE 7 (Article 2(g)) MODIFICATIONs of SCHEDULE 5 To the COUNTER-TERRORISM AND SECURITY act 2015 as IT extendS to jersey 1 For the heading to Part 1 (AVIATION, MARITIME AND RAIL SECURITY) substitute “AVIATION AND MARITIME SECURITY”. 2 In paragraph 1 (Amendments of the Immigration Act 1971) – (a) in sub-paragraph (2), in the inserted paragraph (ba), omit “the Secretary of State or”; (b) in sub-paragraph (3), in the inserted sub-paragraph (8A), for “Secretary of State” substitute “Minister”; (c) in sub-paragraph (4), in the inserted paragraph 27BA – (i) for sub-paragraph (1) substitute – “(1) The Minister may make provision by Order requiring responsible persons in respect of ships or aircraft – (a) which have arrived, or are expected to arrive, in Jersey, or (b) which have left, or are expected to leave, Jersey, to supply information to an immigration officer.”; (ii) in sub-paragraph (3) for “The regulations” substitute “An Order under this paragraph”; (iii) in sub-paragraph (4) – (aa) for “The regulations” substitute “An Order under this paragraph”; (bb) omit “the Secretary of State or”; (iv) in sub-paragraph (6) for “Regulations” substitute “An Order”; (v) for sub-paragraph (7) substitute – “(7) The Subordinate Legislation (Jersey) Law 1960 [18] shall apply to Orders under this paragraph.”; (vi) in sub-paragraph (4), for the inserted paragraph 27BB substitute – “ 27BB (1) The Minister may make provision by Order imposing penalties for failure to comply with – (a) a direction under paragraph 27(2) (Direction requiring passenger list or particulars of member of crew), (b) any request or requirement under paragraph 27B (passenger and service information), or (c) an Order under paragraph 27BA (passenger, crew and service information). (2) An Order under this paragraph 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 may make different provision for different purposes. (3) Provision in an Order under this paragraph about the procedure for imposing a penalty must include provision for a person to be given an opportunity to object to a proposed penalty in the circumstances set out in the Order. (4) An Order under this paragraph must provide that no penalty may be imposed on a person for failure to comply with a direction under paragraph 27(2), a request or requirement under paragraph 27B or an Order under paragraph 27BA where – (a) proceedings have been instituted against the person under section 27 in respect of the same failure; or (b) the failure consists of a failure to provide information that the person 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 person under section 34 of that Act in respect of a failure to provide that information; or (c) the failure consists of a failure to provide information that the person has also been required to provide under an authority-to-carry scheme made by the Minister by Order under section 22 of the Counter-Terrorism and Security Act 2015 and 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 24 of that Act. (5) Any penalty paid by virtue of this paragraph must be paid to the Treasurer of the States and credited to the Annual Income of the States. (6) The Subordinate Legislation (Jersey) Law 1960 [19] shall apply to Orders under this paragraph.”. 3 In paragraph 2 (Amendments of section 27 of the Immigration Act 1971), in the inserted subsection (2)(a), for “regulations made” substitute “an Order made by the Minister”. 4 Omit paragraph 4 (Amendments consequential upon paragraph 1). 5 In paragraph 7 (Amendments of the Immigration, Asylum and Nationality Act 2006) for the inserted sections 32A and 32B substitute – 32A Orders requiring information to be provided to police (1) The Minister may make provision by Order requiring responsible persons in relation to ships or aircraft – (a) which have arrived, or are expected to arrive, in Jersey, or (b) which have left, or are expected to leave, Jersey, to provide information to the police. (2) The following information may be required under subsection (1) – (a) information about the persons on board; (b) information about the voyage or flight. (3) An Order under this section may impose a requirement to provide the information only if the Minister thinks it necessary for police purposes. In this subsection “police purposes” has the same meaning as in section 32. (4) An Order under this section must – (a) specify or describe the classes of ships or aircraft to which it applies; (b) specify the information required to be provided; (c) specify the time by which the information must be provided; (d) specify the form and manner in which the information must be provided. (5) An Order under this section may require responsible persons to be able to receive, in a specified form and manner, communications sent by the police, the Minister or an immigration officer relating to the information. (6) An Order under this section – (a) may apply generally or only to specified cases or circumstances, and (b) may make different provision for different cases or circumstances. (7) The Subordinate Legislation (Jersey) Law 1960 [20] shall apply to Orders under this section. (8) For the purposes of this section, the following are responsible persons in respect of a ship or aircraft – (a) the owner or agent, and (b) the captain. 32B Penalty for breach of section 32 or 32A (1) The Minister may make provision by Order imposing penalties for failure to comply with a requirement imposed – (a) under section 32(2) (provision of passenger, crew or service information), or (b) by an Order made by the Minister under section 32A (Orders requiring information to be provided to police). (2) An Order under this section 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 may make different provision for different purposes. (3) Provision in an Order under this section about the procedure for imposing a penalty must provide for a person to be given an opportunity to object to a proposed penalty in the circumstances set out in the Order. (4) An Order under this section must provide that no penalty may be imposed on a person for failure to comply with a requirement imposed under section 32(2) or by an Order made by the Minister under section 32A where – (a) proceedings have been instituted against the person under section 34 in respect of the same failure, or (b) the failure consists of a failure to provide information that the person 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 by the Minister under paragraph 27BB of that Schedule, or (ii) proceedings have been instituted against the person under section 27 of that Act in respect of a failure to provide that information, or (c) the failure consists of a failure to provide information that the person has also been required to provide under an authority-to-carry scheme made by the Minister by Order under section 22 of the Counter-Terrorism and Security Act 2015 and a penalty has been imposed on the person in respect of a failure to provide that information by virtue of an Order made by the Minister under section 24 of that Act. (5) 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. (6) The Subordinate Legislation (Jersey) Law 1960 [21] shall apply to Orders under this section.”. 6 In paragraph 8 (Amendments to section 34 of the Immigration, Asylum and Nationality Act 2006) – (a) for sub-paragraph (2) substitute – “(2) In subsection (1), for “imposed under section 32(2) or (3)” substitute “imposed – (a) under section 32(2) or (3), or (b) by an Order made by the Minister under section 32A”.”; (b) in sub-paragraph (3), in the inserted subsection (1A), for “regulations” in both places substitute “an Order made by the Minister”; (c) omit sub-paragraph (4). 7 For the heading to Part 2 (AVIATION, SHIPPING AND RAIL) substitute “AVIATION AND SHIPPING”. 8 In paragraph 9 (Amendments of the Aviation Security Act 1982: information and directions) – (a) in sub-paragraph (3) for “the United Kingdom” substitute “Jersey”; (b) in sub-paragraph (4) for all the words after “12 to 14),” substitute “for subsection (5) substitute – “(5) In so far as a direction requires anything to be done or not done at a place outside Jersey – (a) it shall have effect only in relation to – (i) aircraft registered in Jersey, or (ii) a requirement not to cause or permit an aircraft to fly in or into Jersey unless certain things have, or have not, been done, and (b) it shall not have effect so as to require anything to be done or not done in contravention of any provision of the law (whether civil or criminal) in force at that place, other than any such provision relating to breach of contract.”; (c) omit sub-paragraph (5); (d) in sub-paragraph (6) – (i) omit “paragraph (b) of”; (ii) for “registered or operating in the United Kingdom” substitute “operating in Jersey”. 9 Omit paragraphs 10 (Amendments consequential upon paragraph 9(2)) and 11 (Amendments of the Aviation Security Act 1982: civil penalties for breach of directions). 10 In paragraph 12 (Amendments of the Aviation and Maritime Security Act 1990: information and directions) – (a) in sub-paragraph (2) for “Secretary of State” substitute “Minister”; (b) in sub-paragraph (3)(a) for “Secretary of State” substitute “Minister”; (c) omit sub-paragraph (5). 11 Omit paragraphs 13 and 14 (Amendments of the Channel Tunnel (Security) Order 1994: information and directions). COUNTER-TERRORISM AND SECURITY ACT 2015 (2015 c. 6) CONTENTS PART 1 TEMPORARY RESTRICTIONS ON TRAVEL CHAPTER 1 POWERS TO SEIZE TRAVEL DOCUMENTS [1 Seizure of passports etc from persons suspected of involvement in terrorism] CHAPTER 2 TEMPORARY EXCLUSION FROM [JERSEY] Imposition of temporary exclusion orders 2 Temporary exclusion orders 3 Temporary exclusion orders: prior permission of the court 4 Temporary exclusion orders: supplementary provision Permit to return 5 Permit to return 6 Issue of permit to return: application by individual 7 Issue of permit to return: deportation or urgent situation 8 Permit to return: supplementary provision Obligations after return to [Jersey] 9 Obligations after return to [Jersey] Offences and proceedings etc 10 Offences 11 Review of decisions relating to temporary exclusion orders 12 Temporary exclusion orders: proceedings and appeals against convictions Supplementary 13 [Orders]: giving of notices, legislation relating to passports 14 Chapter 2: interpretation 15 * * * * * * * PART 2 * * * * * * * PART 3 * * * * * * * PART 4 [AVIATION AND SHIPPING] 22 Authority-to-carry schemes 23 * * * * * * * 24 Penalty for breach of authority-to-carry scheme 25 [Aviation and maritime security] PART 5 * * * * * * * PART 6 * * * * * * * PART 7 * * * * * * * ____________________ SCHEDULE 1 – Seizure of passports etc from persons suspected of involvement in terrorism SCHEDULE 2 – Urgent temporary exclusion orders: reference to the court etc SCHEDULE 3 – Temporary exclusion orders: proceedings SCHEDULE 4 – Temporary exclusion orders: appeals against convictions SCHEDULE 5 – [Aviation and maritime security] Part 1 – Passenger, crew and service information Part 2 – Directions etc relating to [aviation and shipping] SCHEDULE 6 – * * * * * * * SCHEDULE 7 – * * * * * * * SCHEDULE 8 – * * * * * * * ELIZABETH II COUNTER-TERRORISM AND SECURITY ACT 2015 2015 CHAPTER 6 A N ACT to make provision in relation to terrorism; to make provision about retention of communications data, about information, authority to carry and security in relation to air, sea and rail transport and about reviews by the Special Immigration Appeals Commission against refusals to issue certificates of naturalisation; and for connected purposes. [12th February 2015] B E IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows [22] – PART 1 TEMPORARY RESTRICTIONS ON TRAVEL CHAPTER 1 POWERS TO SEIZE TRAVEL DOCUMENTS [ 1 Seizure of passports etc from persons suspected of involvement in terrorism Schedule 1 makes provision for the seizure and temporary retention of travel documents where a person is suspected of intending to leave Jersey in connection with terrorism-related activity.] CHAPTER 2 TEMPORARY EXCLUSION FROM [JERSEY] Imposition of temporary exclusion orders 2 Temporary exclusion orders (1) A “temporary exclusion order” is an order which requires an individual not to return to [Jersey] unless – (a) the return is in accordance with a permit to return issued by the [Minister] before the individual began the return, or (b) the return is the result of the individual’s deportation to [Jersey]. (2) The [Minister] may impose a temporary exclusion order on an individual if conditions A to E are met. (3) Condition A is that the [Minister] reasonably suspects that the individual is, or has been involved in terrorism-related activity outside the [British Islands]. (4) Condition B is that the [Minister] reasonably considers that it is necessary, for purposes connected with protecting members of the public in [Jersey] from a risk of terrorism, for a temporary exclusion order to be imposed on the individual. (5) Condition C is that the [Minister] reasonably considers that the individual is outside the [British Islands]. (6) Condition D is that the individual has the right of abode in [Jersey]. (7) Condition E is that – (a) the [Royal Court] gives the [Minister] permission under section 3, or (b) the [Minister] reasonably considers that the urgency of the case requires a temporary exclusion order to be imposed without obtaining such permission. (8) During the period that a temporary exclusion order is in force, the [Minister] must keep under review whether condition B is met. 3 Temporary exclusion orders: prior permission of the [Royal Court] (1) This section applies if the [Minister] – (a) makes the relevant decisions in relation to an individual, and (b) makes an application to the [Royal Court] for permission to impose a temporary exclusion order on the individual. (2) The function of the [Royal Court] on the application is to determine whether the relevant decisions of the [Minister] are obviously flawed. (3) The [Royal Court] may consider the application – (a) in the absence of the individual, (b) without the individual having been notified of the application, and (c) without the individual having been given an opportunity (if the individual was aware of the application) of making any representations to the [Royal Court]. (4) But that does not limit the matters about which rules of court may be made. (5) In determining the application, the [Royal Court] must apply the principles applicable on an application for judicial review. (6) In a case where the [Royal Court] determines that any of the relevant decisions of the [Minister] is obviously flawed, the [Royal Court] may not give permission under this section. (7) In any other case, the [Royal Court] must give permission under this section. (8) Schedule 2 makes provision for references to the [Royal Court] etc where temporary exclusion orders are imposed in cases of urgency. (9) Only the [Minister] may appeal against a determination of the [Royal Court] under – (a) this section, or (b) Schedule 2; and such an appeal may only be made on a question of law. (10) In this section “the relevant decisions” means the decisions that the following conditions are met – (a) condition A; (b) condition B; (c) condition C; (d) condition D. 4 Temporary exclusion orders: supplementary provision (1) The [Minister] must give notice of the imposition of a temporary exclusion order to the individual on whom it is imposed (the “excluded individual”). (2) Notice of the imposition of a temporary exclusion order must include an explanation of the procedure for making an application under section 6 for a permit to return. (3) A temporary exclusion order – (a) comes into force when notice of its imposition is given; and (b) is in force for the period of two years (unless revoked or otherwise brought to an end earlier). (4) The [Minister] may revoke a temporary exclusion order at any time. (5) The [Minister] must give notice of the revocation of a temporary exclusion order to the excluded individual. (6) If a temporary exclusion order is revoked, it ceases to be in force when notice of its revocation is given. (7) The validity of a temporary exclusion order is not affected by the excluded individual – (a) returning to [Jersey], or (b) departing from [Jersey]. (8) The imposition of a temporary exclusion order does not prevent a further temporary exclusion order from being imposed on the excluded individual (including in a case where an order ceases to be in force at the expiry of its two year duration). (9) At the time when a temporary exclusion order comes into force, any British passport held by the excluded individual is invalidated. (10) During the period when a temporary exclusion order is in force, the issue of a British passport to the excluded individual while he or she is outside the [British Islands] is not valid. (11) In this section “British passport” means a passport, or other document which enables or facilitates travel from one state to another (except a permit to return), that has been – (a) issued by or for Her Majesty’s Government in the United Kingdom, and (b) issued in respect of a person’s status as a British citizen. Permit to return 5 Permit to return (1) A “permit to return” is a document giving an individual (who is subject to a temporary exclusion order) permission to return to [Jersey]. (2) The permission may be made subject to a requirement that the individual comply with conditions specified in the permit to return. (3) The individual’s failure to comply with a specified condition has the effect of invalidating the permit to return. (4) A permit to return must state – (a) the time at which, or period of time during which, the individual is permitted to arrive on return to [Jersey]; (b) the manner in which the individual is permitted to return to [Jersey]; and (c) the place where the individual is permitted to arrive on return to [Jersey]. (5) Provision made under subsection (4)(a) or (c) may, in particular, be framed by reference to the arrival in [Jersey] of a specific flight, sailing or other transport service. (6) Provision made under subsection (4)(b) may, in particular, state – (a) a route, (b) a method of transport, (c) an airline, shipping line or other passenger carrier, or (d) a flight, sailing or other transport service, which the individual is permitted to use to return to [Jersey]. (7) The [Minister] may not issue a permit to return except in accordance with section 6 or 7. (8) It is for the [Minister] to decide the terms of a permit to return (but this is subject to section 6(3)). 6 Issue of permit to return: application by individual (1) If an individual applies to the [Minister] for a permit to return, the [Minister] must issue a permit within a reasonable period after the application is made. (2) But the [Minister] may refuse to issue the permit if – (a) the [Minister] requires the individual to attend an interview with a [police officer] or immigration officer at a time and a place specified by the [Minister], and (b) the individual fails to attend the interview. (3) Where a permit to return is issued under this section, the relevant return time must fall within a reasonable period after the application is made. (4) An application is not valid unless it is made in accordance with the procedure for applications specified by the [Minister]. (5) In this section – “application” means an application made by an individual to the [Minister] for a permit to return to be issued; “relevant return time” means – (a) the time at which the individual is permitted to arrive on return to [Jersey] (in a case where the permit to return states such a time), or (b) the start of the period of time during which the individual is permitted to arrive on return to [Jersey] (in a case where the permit to return states such a period). 7 Issue of permit to return: deportation or urgent situation (1) The [Minister] must issue a permit to return to an individual if the [Minister] considers that the individual is to be deported to [Jersey]. (2) The [Minister] may issue a permit to return to an individual if – (a) the [Minister] considers that, because of the urgency of the situation, it is expedient to issue a permit to return even though no application has been made under section 6, and (b) there is no duty to issue a permit to return under subsection (1). (3) Subsection (1) or (2) applies whether or not any request has been made to issue the permit to return under that provision. 8 Permit to return: supplementary provision (1) The [Minister] may vary a permit to return. (2) The [Minister] may revoke a permit to return issued to an individual only if – (a) the permit to return has been issued under section 6 and the individual asks the [Minister] to revoke it; (b) the permit to return has been issued under section 7(1) and the [Minister] no longer considers that the individual is to be deported to [Jersey]; (c) the permit to return has been issued under section 7(2) and the [Minister] no longer considers that, because of the urgency of the situation, the issue of the permit to return is expedient; (d) the [Minister] issues a subsequent permit to return to the individual; or (e) the [Minister] considers that the permit to return has been obtained by misrepresentation. (3) The making of an application for a permit to return to be issued under section 6 (whether or not resulting in a permit to return being issued) does not prevent a subsequent application from being made. (4) The issuing of a permit to return (whether or not resulting in the individual’s return to [Jersey]) does not prevent a subsequent permit to return from being issued (whether or not the earlier permit is still in force). Obligations after return to [Jersey] 9 Obligations after return to [Jersey] (1) The [Minister] may, by notice, impose any or all of the permitted obligations on an individual who – (a) is subject to a temporary exclusion order, and (b) has returned to [Jersey].

(2) The “permitted obligations” are – [(a) an obligation – (i) to report to a police station at such times and in such manner as the Minister may by notice require, and to comply with any directions given by a police officer in relation to such reporting; (ii) to attend appointments with specified persons or persons of specified descriptions at specified times and places, and to comply with any reasonable directions given by the Minister that relate to matters about which the individual is required to attend an appointment; ] (b) an obligation to notify the police, in such manner as a notice under this section may require, of – (i) the individual’s place (or places) of residence, and (ii) any change in the individual’s place (or places) of residence. [(2A) A notice under this section may provide that a requirement to report to a police station is not to apply if conditions specified in the notice are met.] (3) A notice under this section – (a) comes into force when given to the individual; and (b) is in force until the temporary exclusion order ends (unless the notice is revoked or otherwise brought to an end earlier). (4) The [Minister] may, by notice, vary or revoke any notice given under this section. (5) The variation or revocation of a notice under this section takes effect when the notice of variation or revocation is given to the individual. (6) The validity of a notice under this section is not affected by the individual – (a) departing from [Jersey], or (b)returning to [Jersey]. (7) The giving of any notice to an individual under this section does not prevent any further notice under this section from being given to that individual. Offences and proceedings etc 10 Offences (1) An individual subject to a temporary exclusion order is guilty of an offence if, without reasonable excuse, the individual returns to [Jersey] in contravention of the restriction on return specified in the order. (2) It is irrelevant for the purposes of subsection (1) whether or not the individual has a passport or other similar identity document. (3) An individual subject to an obligation imposed under section 9 is guilty of an offence if, without reasonable excuse, the individual does not comply with the obligation. (4) In a case where a relevant notice has not actually been given to an individual, the fact that the relevant notice is deemed to have been given to the individual under [an Order] under section 13 does not (of itself) prevent the individual from showing that lack of knowledge of the temporary exclusion order, or of the obligation imposed under section 9, was a reasonable excuse for the purposes of this section. [(5) An individual guilty of an offence under this section is liable on conviction to imprisonment for a term not exceeding 5 years or to a fine, or to both.] [(6) Where an individual is convicted by or before a court of an offence under this section, it is not open to that court to make in respect of the offence an order for a conditional discharge.] (7) In this section – “relevant notice” means – (a) notice of the imposition of a temporary exclusion order, or (b) notice under section 9 imposing an obligation; “restriction on return” means the requirement specified in a temporary exclusion order in accordance with section 2(1). (8) * * * * * 11 Review of decisions relating to temporary exclusion orders (1) This section applies where an individual who is subject to a temporary exclusion order is in [Jersey]. (2) The individual may apply to the [Royal Court] to review any of the following decisions of the [Minister] – (a) a decision that any of the following conditions was met in relation to the imposition of the temporary exclusion order – (i) condition A; (ii) condition B; (iii) condition C; (iv) condition D; (b) a decision to impose the temporary exclusion order; (c) a decision that condition B continues to be met; (d) a decision to impose any of the permitted obligations on the individual by a notice under section 9. (3) On a review under this section, the [Royal Court] must apply the principles applicable on an application for judicial review. (4) On a review of a decision within subsection (2)(a) to (c), the [Royal Court] has the following powers (and only those powers) – (a) power to quash the temporary exclusion order; (b) power to give directions to the [Minister] for, or in relation to, the revocation of the temporary exclusion order. (5) If the [Royal Court] does not exercise either of its powers under subsection (4), the [Royal Court] must decide that the temporary exclusion order is to continue in force. (6) On a review of a decision within subsection (2)(d), the [Royal Court] has the following powers (and only those powers) – (a) power to quash the permitted obligation in question; (b) if that is the only permitted obligation imposed by the notice under section 9, power to quash the notice; (c) power to give directions to the [Minister] for, or in relation to – (i) the variation of the notice so far as it relates to that permitted obligation, or (ii) if that is the only permitted obligation imposed by the notice, the revocation of the notice. (7) If the [Royal Court] does not exercise any of its powers under subsection (6), the [Royal Court] must decide that the notice under section 9 is to continue in force. (8) If the [Royal Court] exercises a power under subsection (6)(a) or (c)(i), the [Royal Court] must decide that the notice under section 9 is to continue in force subject to that exercise of that power. [(9) The power under this section to quash a temporary exclusion order, permitted obligation or notice under section 9 includes power to stay the quashing for a specified time, or pending an appeal or further appeal against the decision to quash.] (10) An appeal against a determination of the [Royal Court] on a review under this section may only be made on a question of law. (11) For the purposes of this section, a failure by the [Minister] to make a decision whether condition B continues to be met is to be treated as a decision that it continues to be met. 12 Temporary exclusion orders: proceedings and appeals against convictions (1) Schedule 3 makes provision about proceedings relating to temporary exclusion orders. (2) Schedule 4 makes provision about appeals against convictions in cases where a temporary exclusion order, a notice under section 9 or a permitted obligation is quashed. Supplementary 13 [Orders]: giving of notices, legislation relating to passports (1) The [Minister may by Order] make provision about the giving of – (a) notice under section 4, and (b) notice under section 9. (2) The [Order] may, in particular, make provision about cases in which notice is to be deemed to have been given. (3) The [Minister may make Orders] providing for legislation relating to passports or other identity documents (whenever passed or made) to apply (with or without modifications) to permits to return. [(4) The Subordinate Legislation (Jersey) Law 1960 [23] shall apply to Orders under this section.] (5) * * * * * 14 Chapter 2: interpretation (1) This section applies for the purposes of this Chapter. (2) These expressions have the meanings given – “act” and “conduct” include omissions and statements; “act of terrorism” includes anything constituting an action taken for the purposes of terrorism, within the meaning of the [ Terrorism (Jersey) Law 2002 [24] (see Article 1 of that Law) ]; “condition A”, “condition B”, “condition C”, “condition D” or “condition E” means that condition as set out in section 2; * * * * * [“Jersey” means the Bailiwick of Jersey; “Minister” means the Minister for Home Affairs;] “permit to return” has the meaning given in section 5; [“police officer” has the same meaning as in Part 1 of the Schedule to the Interpretation (Jersey) Law 1954 [25] ;] “temporary exclusion order” has the meaning given in section 2; “terrorism” has the same meaning as in the [Terrorism (Jersey) Law 2002 [26] (see Article 1 of that Law)] . (3) An individual is – (a) subject to a temporary exclusion order if a temporary exclusion order is in force in relation to the individual; and (b) subject to an obligation imposed under section 9 if an obligation is imposed on the individual by a notice in force under that section. (4) Involvement in terrorism-related activity is any one or more of the following – (a) the commission, preparation or instigation of acts of terrorism; (b) conduct that facilitates the commission, preparation or instigation of such acts, or is intended to do so; (c) conduct that gives encouragement to the commission, preparation or instigation of such acts, or is intended to do so; (d) conduct that gives support or assistance to individuals who are known or believed by the individual concerned to be involved in conduct falling within paragraph (a). It is immaterial whether the acts of terrorism in question are specific acts of terrorism or acts of terrorism in general. (5) It is immaterial whether an individual’s involvement in terrorism-related activity occurs before or after the coming into force of section 2. (6) References to an individual’s return to [Jersey] include, in the case of an individual who has never been in [Jersey], a reference to the individual’s coming to [Jersey] for the first time. (7) References to deportation include references to any other kind of expulsion. 15 * * * * * * * PART 2 * * * * * * * PART 3 * * * * * * * PART 4 [AVIATION AND SHIPPING] 22 Authority-to-carry schemes [(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] [(8) The Subordinate Legislation (Jersey) Law 1960 [27] shall apply to Orders under this section.] (9) * * * * * (10) * * * * * 23 * * * * * * * 24 Penalty for breach of authority-to-carry scheme (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. (7) The Subordinate Legislation (Jersey) Law 1960 [28] shall apply to Orders under this section.] 25 [Aviation and maritime security] (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.] PART 5 * * * * * * * PART 6 * * * * * * * PART 7 * * * * * * * SCHEDULES SCHEDULE 1 Section 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) “Jersey” means the Bailiwick of Jersey. (1B) “Minister” means the 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[, as extended to Jersey by the Immigration (Jersey) Order 1993 [29] ]. (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 [30] . ] [(3A) “Police officer” has the same meaning as in Part 1 of the Schedule to the Interpretation (Jersey) Law 1954 [31] .] (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 the Bailiwick of Guernsey or the Isle of Man. ] (7) “Passport” means – (a) a United Kingdom passport (within the meaning of the Immigration Act 1971[, as extended to Jersey by the Immigration (Jersey) Order 1993 [32] ]), (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, (c) * * * * * (d) * * * * * (e) * * * * * (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]. (9) * * * * * (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 [33] (see Articles 2 and 36 of that Law). (12) “Judicial authority” means the Juge d’Instruction appointed in pursuance of the Loi (1864) concernant la charge de Juge d’Instruction [34] and includes any person exercising the functions of the Juge d’Instruction. ] (13) * * * * * (14) * * * * * (15) “The 14-day period” and “the 30-day period” have the meanings given by paragraphs 5(2) and 8(7) respectively. [(16) “ The standard scale” means the scale set out in the Schedule to the Criminal Justice (Standard Scale of Fines) (Jersey) Law 1993 [35] .] 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. (2) * * * * * (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 constable 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 constable if it is not already in the possession of a constable, 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 u nder 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 [36] ] 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. 19 * * * * * * * 20 (1) The [Minister] may revise the code of practice and issue the revised code. (2) * * * * * SCHEDULE 2 Section 3 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 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 Section 12 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 [37] (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. Initial exercise of rule-making powers by Lord Chancellor 7 * * * * * * * 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. (2) * * * * * (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). (4) * * * * * 9 * * * * * * * 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”]. (3) * * * * * (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 – (a) the power to make rules of court or the matters to be taken into account when doing so, or (b) * * * * * SCHEDULE 4 Section 12 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 [38] , but does not require leave. ] (3) * * * * * (4) * * * * * (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 21 of the Magistrate’s Court (Miscellaneous Provisions) (Jersey) Law 1949 [39] ] (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 17(1)(b) of that Law]. SCHEDULE 5 Section 25 [AVIATION AND MARITIME SECURITY] PART 1 PASSENGER, CREW AND SERVICE INFORMATION Amendments of the Immigration Act 1971 1 (1) Schedule 2 to the Immigration Act 1971 (administrative provisions as to control on entry etc) is amended as follows. (2) In paragraph 27 (requirement to provide passenger lists etc), in sub-paragraph (5), after paragraph (b) insert – “(ba) may require a responsible person to be able to receive, in a specified form and manner, communications sent by * * * * an immigration officer relating to the information,”. (3) In paragraph 27B (passenger information or service information), after sub-paragraph (8) insert – “(8A) The officer may require a carrier to be able to receive communications from the officer in such form and manner as the [Minister] may direct.”. (4) After paragraph 27B insert – “27BA [(1) The Minister may make provision by Order requiring responsible persons in respect of ships or aircraft – (a) which have arrived, or are expected to arrive, in Jersey, or (b) which have left, or are expected to leave, Jersey, to supply information to an immigration officer.] (2) The following information may be required under sub-paragraph (1) – (a) information about the persons on bard; (b) information about the voyage or flight. (3) [An Order under this paragraph] must – (a) specify or describe the classes of ships or aircraft to which they apply; (b) specify the time by which the information must be supplied; (c) specify the time by which the information must be supplied; (d) specify the form and manner in which the information must be supplied. (4) [An Order under this paragraph] may require responsible persons to be able to receive, in a specified form and manner, communications sent by * * * * an immigration officer relating to the information. (5) For the purposes of this paragraph, the following are responsible persons in respect of a ship or aircraft – (a) the owner or agent, and (b) the captain. (6) [An Order] under this paragraph may make different provision for different purposes, and in particular may make different provision for different types of carrier, journey or person on board. [(7) The Subordinate Legislation (Jersey) Law 1960 [40] shall apply to Orders under this paragraph.] “27BB [(1) The Minister may make provision by Order imposing penalties for failure to comply with – (a) a direction under paragraph 27(2) (Direction requiring passenger list or particulars of member of crew), (b) any request or requirement under paragraph 27B (passenger and service information), or (c) an Order under paragraph 27BA (passenger, crew and service information). (2) An Order under this paragraph 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 may make different provision for different purposes. (3) Provision in an Order under this paragraph about the procedure for imposing a penalty must include provision for a person to be given an opportunity to object to a proposed penalty in the circumstances set out in the Order. (4) An Order under this paragraph must provide that no penalty may be imposed on a person for failure to comply with a direction under paragraph 27(2), a request or requirement under paragraph 27B or an Order under paragraph 27BA where – (a) proceedings have been instituted against the person under section 27 in respect of the same failure; or (b) the failure consists of a failure to provide information that the person 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 person under section 34 of that Act in respect of a failure to provide that information; or (c) the failure consists of a failure to provide information that the person has also been required to provide under an authority-to-carry scheme made by the Minister by Order under section 22 of the Counter-Terrorism and Security Act 2015 and 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 24 of that Act. (5) Any penalty paid by virtue of this paragraph must be paid to the Treasurer of the States and credited to the Annual Income of the States. (6) The Subordinate Legislation (Jersey) Law 1960 [41] shall apply to Orders under this paragraph.] (5) Omit paragraph 27C (notification of non-EEA arrivals). 2 In section 27 of that Act (offences by persons connected with ships or aircraft or with ports) – (a) the existing provision becomes subsection (1); (b) at the end insert – “(2) Proceedings may not be instituted against a person under subsection (1)(a)(i) or (1)(b)(iv) for a failure to provide information or otherwise to comply with a requirement imposed under paragraph 27, 27B or 27BA of Schedule 2 where – (a) the person has paid a penalty in respect of the same failure, or a failure to provide the same information, by virtue of [an Order made by the Minister] under – (i) paragraph 27BB of Schedule 2, (ii) section 32B of the Immigration, Asylum and Nationality Act 2006, or (iii) section 24 of the Counter-Terrorism and Security Act 2015 (penalty for breach of authority-to-carry scheme); or (b) proceedings have been instituted against the person under section 34 of the Immigration, Asylum and Nationality Act 2006 in respect of a failure to provide the same information.” Amendments consequential upon paragraph 1 3 Omit section 19 of the Immigration and Asylum Act 1999. 4 * * * * * * * Amendments of the Immigration, Asylum and Nationality Act 2006 5 The Immigration, Asylum and Nationality Act 2006 is amended as set out in paragraphs 6 to 8. 6 In section 32 (passenger and crew information: police powers), at the end of subsection (6) insert – “(e) may include a requirement for the owner or agent of a ship or aircraft to be able to receive, in a specified form and manner, communications relating to the information.” 7 After that section insert – [“32A Orders requiring information to be provided to police (1) The Minister may make provision by Order requiring responsible persons in relation to ships or aircraft – (a) which have arrived, or are expected to arrive, in Jersey, or (b) which have left, or are expected to leave, Jersey, to provide information to the police. (2) The following information may be required under subsection (1) – (a) information about the persons on board; (b) information about the voyage or flight. (3) An Order under this section may impose a requirement to provide the information only if the Minister thinks it necessary for police purposes. In this subsection “police purposes” has the same meaning as in section 32. (4) An Order under this section must – (a) specify or describe the classes of ships or aircraft to which it applies; (b) specify the information required to be provided; (c) specify the time by which the information must be provided; (d) specify the form and manner in which the information must be provided. (5) An Order under this section may require responsible persons to be able to receive, in a specified form and manner, communications sent by the police, the Minister or an immigration officer relating to the information. (6) An Order under this section – (a) may apply generally or only to specified cases or circumstances, and (b) may make different provision for different cases or circumstances. (7) The Subordinate Legislation (Jersey) Law 1960 [42] shall apply to Orders under this section. (8) For the purposes of this section, the following are responsible persons in respect of a ship or aircraft – (a) the owner or agent, and (b) the captain. 32B Penalty for breach of section 32 or 32A (1) The Minister may make provision by Order imposing penalties for failure to comply with a requirement imposed – (a) under section 32(2) (provision of passenger, crew or service information), or (b) by an Order made by the Minister under section 32A (Orders requiring information to be provided to police). (2) An Order under this section 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 may make different provision for different purposes. (3) Provision in an Order under this section about the procedure for imposing a penalty must provide for a person to be given an opportunity to object to a proposed penalty in the circumstances set out in the Order. (4) An Order under this section must provide that no penalty may be imposed on a person for failure to comply with a requirement imposed under section 32(2) or by an Order made by the Minister under section 32A where – (a) proceedings have been instituted against the person under section 34 in respect of the same failure, or (b) the failure consists of a failure to provide information that the person 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 by the Minister under paragraph 27BB of that Schedule, or (ii) proceedings have been instituted against the person under section 27 of that Act in respect of a failure to provide that information, or (c) the failure consists of a failure to provide information that the person has also been required to provide under an authority-to-carry scheme made by the Minister by Order under section 22 of the Counter-Terrorism and Security Act 2015 and a penalty has been imposed on the person in respect of a failure to provide that information by virtue of an Order made by the Minister under section 24 of that Act. (5) 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. (6) The Subordinate Legislation (Jersey) Law 1960 [43] shall apply to Orders under this section.”] 8 (1) Section 34 (offence of failure to provide passenger information etc) is amended as follows. [(2) In subsection (1), for “imposed under section 32(2) or (3)” substitute “imposed – (a) under section 32(2) or (3), or (b) by an Order made by the Minister under section 32A”.] (3) After subsection (1) insert – “(1A) Proceedings may not be instituted against a person under subsection (1) for a failure to comply with a requirement imposed under section 32(2) or by [an Order made by the Minister] made under section 32A where – (a) the person has paid a penalty in respect of the same failure, or a failure to provide the same information, by virtue of [an Order made by the Minister] made under – (i) section 32B, (ii) paragraph 27BB of Schedule 2 to the Immigration Act 1971, or (iii) section 24 of the Counter-Terrorism and Security Act 2015 (penalty for breach of authority-to-carry scheme); or (b) proceedings have been instituted against the person under section 27 of the Immigration Act 1971 in respect of a failure to provide the same information.” (4) * * * * * PART 2 DIRECTIONS ETC RELATING TO [AVIATION AND SHIPPING] Amendments of the Aviation Security Act 1982: information and directions 9 (1) The Aviation Security Act 1982 is amended as follows. (2) In section 11 (power to require information) – (a) in subsection (2), for the words from “a date” to “before” substitute “a period before the end of”; (b) in subsection (4) omit “(not being less than seven days from the date on which the change of circumstances occurs)”. (3) In section 12 (power to impose restrictions in relation to aircraft), in subsection (1)(b), for “fly unless such searches of the aircraft” substitute “fly in or into [Jersey] unless such searches (of persons or property or of the aircraft itself)”. (4) In section 16 (limitations on scope of directions under sections 12 to 14), [for subsection (5) substitute – “(5) In so far as a direction requires anything to be done or not done at a place outside Jersey – (a) it shall have effect only in relation to – (i) aircraft registered in Jersey, or (ii) a requirement not to cause or permit an aircraft to fly in or into Jersey unless certain things have, or have not, been done, and (b) it shall not have effect so as to require anything to be done or not done in contravention of any provision of the law (whether civil or criminal) in force at that place, other than any such provision r elating to breach of contract.”.] (5) * * * * * (6) In section 38(1) (interpretation), in * * * the definition of “aircraft [operating in Jersey]”, for the words from “flights” to “aerodromes” substitute “a flight any part of which is”. 10 * * * * * * * Amendments of the Aviation Security Act 1982: civil penalties for breach of directions 11 * * * * * * * Amendments of the Aviation and Maritime Security Act 1990: information and directions 12 (1) Part 3 of the Aviation and Maritime Security Act 1990 (protection of ships and harbour areas against acts of violence) is amended as follows. (2) In section 19 (power of [Minister] to require information) – (a) in subsection (2), for the words from “a date” to “before” substitute “a period before the end of”; (b) in subsection (4), omit “(not being less than seven days from the date on which the change of circumstances occurs)”. (3) In section 21 (power to impose restrictions in relation to ships), in subsection (1) – (a) in the opening words, after “is in” insert “, or appears to the [Minister] to be likely to enter,”; (b) in paragraph (b), for “go to sea unless such searches of the ship” substitute “enter or (as the case may be) to leave a harbour area unless such searches (of persons or property or of the ship itself)”. (4) In section 26 (limitations on scope of directions under sections 21 to 24), in subsection (5), for paragraph (a) (including the word “and” at the end) substitute – “(a) it shall have effect only in relation to – (i) British ships, or (ii) a requirement not to cause or permit a ship to enter a harbour area unless certain things have, or have not, been done, and”. (5) * * * * * Amendments of the Channel Tunnel (Security) Order 1994: information and directions 13 * * * * * * * 14 * * * * * * * SCHEDULES 6–8 * * * * * * * [1] chapter 15.720 [2] chapter 17.860 [3] chapter 15.360 [4] chapter 17.860 [5] chapter 15.720 [6] chapter 15.720 [7] chapter 21.700 [8] chapter 24.660 [9] chapter 15.360 [10] chapter 21.700 [11] chapter 17.860 [12] chapter 07.525 [13] chapter 08.360 [14] chapter 17.860 [15] chapter 15.350 [16] chapter 07.245 [17] chapter 07.595 [18] chapter 15.720 [19] chapter 15.720 [20] chapter 15.720 [21] chapter 15.720 [22] Deletions and words in square brackets indicate adaptations and modifications made by The Counter-Terrorism and Security (Jersey) Order 2017 [23] chapter 15.720 [24] chapter 17.860 [25] chapter 15.360 [26] chapter 17.860 [27] chapter 15.720 [28] chapter 15.720 [29] chapter 21.700 [30] chapter 24.660 [31] chapter 15.360 [32] chapter 21.700 [33] chapter 17.860 [34] chapter 07.525 [35] chapter 08.360 [36] chapter 17.860 [37] chapter 15.350 [38] chapter 07.245 [39] chapter 07.595 [40] chapter 15.720 [41] chapter 15.720 [42] chapter 15.720 [43] chapter 15.720