The Asylum and Immigration Act 1996 (Jersey) Order 1998

Article 3

SCHEDULEMODIFICATIONS OF PROVISIONS OF THE ASYLUM AND IMMIGRATION ACT 1996 IN THEIR EXTENSION TO JERSEY

1.  In section 4 (amending section 24(1) of the 1971 Act), for “United Kingdom” substitute “Bailiwick of Jersey”.

2.  In section 5 (amending section 25 of the 1971 Act)—

(a)in subsection (1), for “United Kingdom”, in each place where it occurs, substitute “Bailiwick of Jersey”; and

(b)in subsection (2), for “for asylum (within the meaning of the Asylum and Immigration Appeals Act 1993)” substitute “that it would be contrary to the obligations of the United Kingdom in respect of the Bailiwick of Jersey under the Convention relating to the status of refugees done at Geneva on 28th July 1951 and the Protocol to that Convention for him to be removed from, or required to leave, the Bailiwick of Jersey”.

3.  In section 7—

(a)in subsection (1), for “constable” substitute “police officer”;

(b)in subsection (2)—

(i)in paragraph (a), for “a justice of the peace” substitute “the Bailiff”;

(ii)for “; or” substitute a comma;

(iii)omit paragraph (b); and

(iv)for “constable” substitute “police officer”; and

(c)omit subsection (3).

4.  In section 12(1), omit “and a related amendment of the Immigration Act 1988”.

5.  In section 13(2), after “the Immigration Act 1971” insert “as extended to the Bailiwick of Jersey by the Immigration (Jersey) Order 1993”; omit the definition of “the 1993 Act”; and, in the definition of “person subject to immigration control”, for “United Kingdom” substitute “Bailiwick of Jersey”.

6.  In paragraph 1 of Schedule 2—

(a)in sub-paragraph (1) (amending section 3 (1) of the 1971 Act), for “United Kingdom”, in both places where it occurs, substitute “Bailiwick of Jersey”; and for “with the police” substitute “as provided by an order made under section 4(3) below”; and

(b)omit sub-paragraph (3).

7.  In paragraph 4 of Schedule 2 (amending section 33 of the 1971 Act)—

(a)in sub-paragraph (1), for “United Kingdom” substitute “Bailiwick of Jersey”; and

(b)omit sub-paragraph (2).

8.  In paragraph 5(2)(b) of Schedule 2 (amending paragraph 4(3) of Schedule 2 to the 1971 Act), for “United Kingdom” substitute “Bailiwick of Jersey”.

9.  In paragraph 6 of Schedule 2 (amending paragraph 9 of Schedule 2 to the 1971 Act), for “United Kingdom” substitute “Bailiwick of Jersey”.

10.  In paragraph 10 of Schedule 2 (amending paragraph 21 of Schedule 2 to the 1971 Act), for “United Kingdom”, in both places where it occurs, substitute “Bailiwick of Jersey”.