Immigration (Jersey) Order 2012

The Immigration (Jersey) Order 2012 Sanctioned by Order of Her Majesty in Council 10th July 2012 Registered by the Royal Court 3rd August 2012 In force date 10th August 2012 HER MAJESTY , in exercise of the powers conferred upon Her by section 63(3) of the Immigration, Asylum and Nationality Act 2006 and section 170(7) of the Immigration and Asylum Act 1999, is pleased, by and with the advice of Her Privy Council, to make the following Order: 1 Citation, commencement and interpretation (1) This Order may be cited as the Immigration (Jersey) Order 2012 and shall come into force seven days after the day on which it is registered by the Royal Court of Jersey. (2) In this Order – “ the 1971 Act ” means the Immigration Act 1971 ; “the 1999 Act” means the Immigration and Asylum Act 1999; and “Jersey” means the Bailiwick of Jersey. (3) For the purposes of construing provisions of the 1971 Act as part of the law of Jersey, any reference to an enactment which extends to Jersey shall be construed as a reference to that enactment as it has effect in Jersey. 2 Extension and modification Sections 31, 32, 34 and 39 of the Immigration, Asylum and Nationality Act 2006 shall extend to Jersey subject to the exceptions and modifications specified in the right-hand column of Schedule 1. 3 Section 18 of the 1999 Act [1] shall be modified in its extension to Jersey as specified in Schedule 2. Richard tilbrook Clerk of the Privy Council SCHEDULE 1 (Article 2) Exceptions AND MODIFICATIONs OF sections 31, 32, 34 and 39 OF THE IMMIGRATION, ASYLUM and nationality ACT 2006 as they extend TO JERSEY Provision Exceptions and Modifications Section 31 (provision of information to immigration officers) [2] (amending paragraphs 27 and 27B of Schedule 2 to and section 27 of the 1971 Act) (a) for “United Kingdom” in each place it occurs, substitute “Bailiwick of Jersey”; (b) in subsection (2) – (i) in the substituted subparagraph (2), for “Secretary of State may by order require” substitute “Lieutenant-Governor may by directions require”; (ii) in the substituted subparagraphs (3) and (5), for “An order” substitute “Directions”; (iii) at the end of the substituted subparagraph (5)(b), insert “and”; (iv) for the substituted subparagraph (5)(c), substitute “may require information to be provided to the immigration officer or as the immigration officer directs.”; and (v) omit the substituted subparagraph (5)(d); and (c) in subsection (3), in the inserted subparagraph (9A) after the word “specified” insert “by the Lieutenant-Governor”. Section 32 (passenger and crew information: police powers) (a) for “United Kingdom”, in each place it occurs, substitute “Bailiwick of Jersey”; (b) in subsection (2), for “constable of the rank of superintendent or above” substitute “police officer of the rank of chief inspector or above”; (c) for subsection (4), substitute – “(4) A police officer may impose a requirement under subsection (2) only if he thinks it necessary for police purposes.”; (d) in subsection (5)(a), for “by order of the Secretary of State” substitute “by Order of the Minister for Home Affairs”; (e) for subsection (5)(b), substitute – “(b) “police purposes” means any of the following – (i) the prevention, detection, investigation or prosecution of criminal offences; (ii) safeguarding national security; (iii) such other purposes as may be specified by Order of the Minister for Home Affairs;”; (f) for subsection (5)(c), substitute – “(c) “police officer” means a member of the States of Jersey Police Force, and (d) “ship” includes – (i) every description of vessel used in navigation, and (ii) hovercraft.”; (g) in subsection (7) – (i) for “The Secretary of State may make an order” substitute “The Minister for Home Affairs may make an Order”; and (ii) for “(within the meaning of the Human Rights Act 1998 (c. 42))” substitute “(within the meaning of the Human Rights (Jersey) Law 2000 [3] )”; (h) in subsection (8) – (i) for “order” substitute “Order”; (ii) at the end of subsection 8(b), insert “and”; (iii) at the end of subsection 8(c), for “,” substitute “.”; and (iv) omit subsections (8)(d) and (e); and (i) after subsection (8), insert – “(9) The Subordinate Legislation (Jersey) Law 1960 [4] shall apply to Orders under subsection (5).” Section 34 (Offence) (a) in subsection (1), omit “or 33(2)”; (b) omit subsection (2); (c) in subsection (3), omit “on summary conviction”; (d) in subsection (3)(a), for “not exceeding 51 weeks in England and Wales or 6 months in Scotland or Northern Ireland” substitute “not exceeding 6 months”; and (e) for subsection (4) substitute – “(4) In subsection (3) the reference to the standard scale means the standard scale for the time being in the Schedule to the Criminal Justice (Standard Scale of Fines) (Jersey) Law 1993 [5] .”. Section 39 (Disclosure to law enforcement (a) in subsection (1) – agencies) (i) for “A chief officer of police” substitute “The Chief Officer of the States of Jersey Police Force”; and (ii) omit “or 33”; and (iii) for paragraph (a), substitute – “(a) a police force in the United Kingdom;”; (b) in subsection (2), for “the United Kingdom”, in each place it occurs, substitute “the British Islands”; and (c) omit subsection (3). SCHEDULE 2 (Article 3) Modification of section 18 of the immigration and asylum act 1999 in its extension to jersey 1. In section 18 of the 1999 Act (passenger information), in the inserted paragraph 27B(2), after “that information to the officer” insert “or as the officer directs”. IMMIGRATION, ASYLUM AND NATIONALITY ACT 2006 (2006 c. 13) ARRANGEMENT OF SECTIONS Section Appeals * * * * * * * Employment * * * * * * * Information 27 * * * * * * * 28 * * * * * * * 29 * * * * * * * 30 * * * * * * * 31 Provision of information to immigration officers. 32 Passenger and crew information: police powers. 33 * * * * * * * 34 Offence 35 * * * * * * * 36 * * * * * * * 37 * * * * * * * 38 * * * * * * * 39 Disclosure to law enforcement agencies 40 * * * * * * * 41 * * * * * * * 42 * * * * * * * Claimants and applicants * * * * * * * Miscellaneous * * * * * * * General * * * * * * * SCHEDULES * * * * * * * ELIZABETH II 2006 c. 13 A N ACT to make provision about immigration, asylum and nationality; and for connected purposes. [30th March 2006] 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 [6] – Appeals * * * * * * * Employment * * * * * * * Information 27 Documents produced or found * * * * * * * 28 Fingerprinting * * * * * * * 29 Attendance for fingerprinting * * * * * * * 30 Proof of right of abode * * * * * * * 31 Provision of information to immigration officers (1) Schedule 2 to the Immigration Act 1971 (controls on entry: administration) shall be amended as follows. (2) In paragraph 27 (provision of passenger lists, &c.) for sub-paragraph (2) substitute – “(2) The [Lieutenant-Governor may by directions require], or enable an immigration officer to require, a responsible person in respect of a ship or aircraft to supply – (a) a passenger list showing the names and nationality or citizenship of passengers arriving or leaving on board the ship or aircraft; (b) particulars of members of the crew of the ship or aircraft. (3) [Directions] under sub-paragraph (2) may relate – (a) to all ships or aircraft arriving or expected to arrive in the [Bailiwick of Jersey]; (b) to all ships or aircraft leaving or expected to leave the [Bailiwick of Jersey]; (c) to ships or aircraft arriving or expected to arrive in the [Bailiwick of Jersey] from or by way of a specified country; (d) to ships or aircraft leaving or expected to leave the [Bailiwick of Jersey] to travel to or by way of a specified country; (e) to specified ships or specified aircraft. (4) For the purposes of sub-paragraph (2) the following are responsible persons in respect of a ship or aircraft – (a) the owner or agent, and (b) the captain. (5) [Directions] under sub-paragraph (2) – (a) may specify the time at which or period during which information is to be provided, (b) may specify the form and manner in which information is to be provided, [and] (c) [may require information to be provided to the immigration officer or as the immigration officer directs.] (d) * * * * * (3) In paragraph 27B (passenger information) – (a) in each place after “passenger information” insert “or service information”, and (b) after sub-paragraph (9) insert – “(9A) “Service information” means such information relating to the voyage or flight undertaken by the ship or aircraft as may be specified [by the Lieutenant-Governor].” (4) In section 27 of the Immigration Act 1971 (c. 77) (offences) – (a) in paragraph (b)(iv) for “the requirements of paragraph 27B or 27C of Schedule 2” substitute “a requirement imposed by or under Schedule 2”, and (b) in paragraph (c) omit “as owner or agent of a ship or aircraft or”. 32 Passenger and crew information: police powers (1) This section applies to ships and aircraft which are – (a) arriving, or expected to arrive, in the [Bailiwick of Jersey], or (b) leaving, or expected to leave, the [Bailiwick of Jersey]. (2) The owner or agent of a ship or aircraft shall comply with any requirement imposed by a [police officer of the rank of chief inspector or above] to provide passenger or service information. (3) A passenger or member of crew shall provide to the owner or agent of a ship or aircraft any information that he requires for the purpose of complying with a requirement imposed by virtue of subsection (2). [(4) A police officer may impose a requirement under subsection (2) only if he thinks it necessary for police purposes.] (5) In this section – (a) “passenger or service information” means information which is of a kind specified [by Order of the Minister for Home Affairs] and which relates to – (i) passengers, (ii) members of crew, or (iii) a voyage or flight, [(b) “police purposes” means any of the following – (i) the prevention, detection, investigation or prosecution of criminal offences; (ii) safeguarding national security; (iii) such other purposes as may be specified by Order of the Minister for Home Affairs.] [(c) “police officer” means a member of the States of Jersey Police Force, and (d) “ship” includes – (i) every description of vessel used in navigation, and (ii) hovercraft.] (6) A requirement imposed under subsection (2) – (a) must be in writing, (b) may apply generally or only to one or more specified ships or aircraft, (c) must specify a period, not exceeding six months and beginning with the date on which it is imposed, during which it has effect, (d) must state – (i) the information required, and (ii) the date or time by which it is to be provided. (7) The [Minister for Home Affairs may make an Order] specifying a kind of information under subsection (5)(a) only if satisfied that the nature of the information is such that there are likely to be circumstances in which it can be required under subsection (2) without breaching Convention rights [(within the meaning of the Human Rights (Jersey) Law 2000 [7] )]. (8) An [Order] under subsection (5)(a) – (a) may apply generally or only to specified cases or circumstances, (b) may make different provision for different cases or circumstances, [and] (c) may specify the form and manner in which information is to be provided[.] (d) * * * * * (e) * * * * * [(9) The Subordinate Legislation (Jersey) Law 1960 [8] shall apply to Orders under subsection (5).] 33 Freight information: police powers * * * * * * * 34 Offence (1) A person commits an offence if without reasonable excuse he fails to comply with a requirement imposed under section 32(2) or (3) * * *. (2) * * * * * (3) A person who is guilty of an offence under subsection (1) shall be liable * * * to – (a) imprisonment for a term [not exceeding 6 months], (b) a fine not exceeding level 4 on the standard scale, or (c) both. [(4) In subsection (3) the reference to the standard scale means the standard scale for the time being in the Schedule to the Criminal Justice (Standard Scale of Fines) (Jersey) Law 1993 [9] .] 35 Power of Revenue and Customs to obtain information * * * * * * * 36 Duty to share information * * * * * * * 37 Information sharing: code of practice * * * * * * * 38 Disclosure of information for security purposes * * * * * * * 39 Disclosure to law enforcement agencies (1) [The Chief Officer of the States of Jersey Police Force] may disclose information obtained in accordance with section 32 * * * to – [(a) a police force in the United Kingdom;] (b) the salaried police force of the Island of Guernsey; (c) the Isle of Man constabulary; (d) any other foreign law enforcement agency. (2) In subsection (1) “foreign law enforcement agency” means a person outside the British Islands with functions similar to functions of – (a) a police force in the [British Islands], or (b) the Serious Organised Crime Agency. (3) * * * * * 40 Searches: contracting out * * * * * * * 41 Section 40: supplemental * * * * * * * 42 Information: embarking passengers * * * * * * * Claimants and applicants * * * * * * * Miscellaneous * * * * * * * General * * * * * * * SCHEDULES * * * * * * * IMMIGRATION AND ASYLUM ACT 1999 (1999 c. 33) ARRANGEMENT OF SECTIONS part i immigration: general Section Leave to enter, or remain in, the United Kingdom * * * * * * * Exemption from immigration control * * * * * * * Removal from the United Kingdom * * * * * * * Provision of financial security * * * * * * * Information 18 Passenger information. 19 * * * * * * * 20 * * * * * * * 21 * * * * * * * Employment: code of practice * * * * * * * Monitoring entry clearance * * * * * * * Reporting suspicious marriages * * * * * * * Immigration control: facilities and charges * * * * * * * Charges: travel documents * * * * * * * Offences * * * * * * * part iI carriers’ liability * * * * * * * part iIi bail * * * * * * * part iv appeals * * * * * * * part v immigration advisers and immigration service providers * * * * * * * part vi support for asylum-seekers * * * * * * * part vii power to arrest, search and fingerprint * * * * * * * part viii detention centres and detained persons * * * * * * * part ix registrar’s certificates: procedure * * * * * * * part x miscellaneous and supplemental * * * * * * * SCHEDULES * * * * * * * ELIZABETH II 1999 c. 33 A N ACT to make provision about immigration and asylum; to make provision about procedures in connection with marriage on superintendent registrar’s certificate; and for connected purposes. [11th November 1999] 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 [10] – part i immigration: general Leave to enter, or remain in, the United Kingdom * * * * * * * Exemption from immigration control * * * * * * * Removal from the United Kingdom * * * * * * * Provision of financial security * * * * * * * Information 18 Passenger information In the 1971 Act, in Schedule 2, after paragraph 27, insert – “ 27B Passenger information (1) This paragraph applies to ships or aircraft – (a) which have arrived, or are expected to arrive, in the [Bailiwick of Jersey]; or (b) which have left, or are expected to leave, the [Bailiwick of Jersey]. (2) If an immigration officer asks the owner or agent (“the carrier”) of a ship or aircraft for passenger information, the carrier must provide that information to the officer [or as the officer directs]. (3) The officer may ask for passenger information relating to – (a) a particular ship or particular aircraft of the carrier; (b) particular ships or aircraft (however described) of the carrier; or (c) all of the carrier’s ships or aircraft. (4) The officer may ask for – (a) all passenger information in relation to the ship or aircraft concerned; or (b) particular passenger information in relation to that ship or aircraft. (5) A request under sub-paragraph (2) – (a) must be in writing; (b) must state the date on which it ceases to have effect; and (c) continues in force until that date, unless withdrawn earlier by written notice by an immigration officer. (6) The date may not be later than six months after the request is made. (7) The fact that a request under sub-paragraph (2) has ceased to have effect as a result of sub-paragraph (5) does not prevent the request from being renewed. (8) The information must be provided – (a) in such form and manner as the [Lieutenant Governor] may direct; and (b) at such time as may be stated in the request. (9) “Passenger information” means such information relating to the passengers carried, or expected to be carried, by the ship or aircraft as may be specified [by the Lieutenant Governor]. (10) * * * * * (11) * * * * * 19 * * * * * * * 20 * * * * * * * 21 * * * * * * * Employment: code of practice * * * * * * * Monitoring entry clearance * * * * * * * Reporting suspicious marriages * * * * * * * Immigration control: facilities and charges * * * * * * * Charges: travel documents * * * * * * * Offences * * * * * * * part ii carriers’ liability * * * * * * * part iii bail * * * * * * * part iv appeals * * * * * * * part v immigration advisers and immigration service providers * * * * * * * part vi support for asylum-seekers * * * * * * * part vii power to arrest, search and fingerprint * * * * * * * part viii detention centres and detained persons * * * * * * * part ix registrar’s certificates: procedure * * * * * * * part x miscellaneous and supplemental * * * * * * * SCHEDULES * * * * * * * [1] Section 18 of the 1999 Act was previously extended with modifications to Jersey by the Immigration and Asylum Act 1999 (Jersey) Order 2003 (chapter 21.770) [2] Section 31 amends paragraphs 27 and 27B of Schedule 2 to the Immigration Act 1971. Paragraph 27 was extended to Jersey, with exceptions and modifications, by the Immigration (Jersey) Order 1993 (chapter 21.700). Paragraph 27B was extended to Jersey, with exceptions and modifications, by the Immigration and Asylum Act 1999 (Jersey) Order 2003 (chapter 21.770) [3] chapter 15.350 [4] chapter 15.720 [5] chapter 08.360 [6] Deletions and words in square brackets indicate adaptations and modifications made by The Immigration (Jersey) Order 2012 [7] chapter 15.350 [8] chapter 15.720 [9] chapter 08.360 [10] Deletions and words in square brackets indicate adaptations and modifications made by The Immigration (Jersey) Order 2012, in addition to those made previously by the Immigration and Asylum Act 1999 (Jersey) Order 2003 (chapter 21.770)