Search Legislation

The Immigration (Jersey) Order 2021

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: SCHEDULE 8

 Help about opening options

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the The Immigration (Jersey) Order 2021, SCHEDULE 8. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Article 10

SCHEDULE 8U.K.UK Borders Act 2007

Commencement Information

I1Sch. 8 comes into force in accordance with art. 1(1)

Column 1

Provision

Column 2

Modification

Section 1: cross heading(No modification)
Section 1: heading(No modification)
Section 1For “Secretary of State” in each place substitute “Minister”.
Section 2: heading(No modification)
Section 2

In subsection (1) –

(a) omit “in England, Wales or Northern Ireland”;

(b) for paragraph (a) substitute paragraph (a) set out in Schedule 8A.

In subsection (2) for “constable” in each place substitute “police officer”.

Omit subsection (6).

Section 3: heading(No modification)
Section 3

For subsection (2) substitute subsection (2) set out in Schedule 8A.

Omit subsections (3), (4) and (5).

Section 4: heading(No modification)
Section 2In subsection (1) omit “and a hoverport”.
Section 5: cross-heading(No modification)
Section 5: headingFor “regulations” substitute “Regulations”.
Section 5

In subsection (1) for “Secretary of State may make regulations” substitute “States may make Regulations”.

In subsections (2) to (10) –

(a) for “regulations” in each place substitute “Regulations”;

(b) for “Secretary of State” in each place substitute “Minister”;

(c) for “the United Kingdom” in each place substitute “Jersey”.

In subsection (5)(d) for “Secretary of State’s” substitute “Minister’s”.

In subsection (6) omit “; and section 16 of the Identity Cards Act 2006 (c. 15) (prohibition of requirement to produce ID card) is subject to this subsection”.

Section 6: heading(No modification)
Section 6

For “regulations” in each place substitute “Regulations”.

In subsection (5) for “Secretary of State’s” substitute “Minister’s”.

In subsection (6) –

(a) at the end of paragraph (b) add “and”;

(b) omit paragraphs (d) and (e).

Section 7: heading(No modification)
Section 7 as amended by the 2014 Act s.11

For “regulations” in each place substitute “Regulations”.

In subsection (2)(c) for “the United Kingdom” substitute “Jersey”.

For “Secretary of State” in each place substitute “Minister”.

Section 8: heading (see the 2014 Act s.14(1))(No modification)
Section 8 as substituted by the 2014 Act s.14(1)

For “regulations” in each place substitute “Regulations”.

In subsection (1) –

(a) for “Secretary of State must” substitute “States must”;

(b) for “Secretary of State of” substitute “Minister of”.

In subsection (2) for “Secretary of State” substitute “Minister”.

In subsections (3)(b), (5) and (6) for “Secretary of State” in each place substitute “Minister”.

In subsection (5)(b) for “the United Kingdom” substitute “Jersey”.

Section 9: heading(No modification)
Section 9

In subsections (1) and (2) for “Secretary of State” in each place substitute “Minister”;

In subsections (1), (2)(d) and (5) for “regulations” substitute “Regulations”.

For subsection (6) substitute subsection (6) set out in Schedule 8A.

Section 10: heading(No modification)
Section 10

For “Secretary of State” in each place substitute “Minister”.

In subsection (1)(a) for “regulations” substitute “Regulations”.

Section 11: heading(No modification)
Section 11

In subsection (1) for paragraphs (a) and (b) substitute “the Petty Debts Court”.

In subsection (2)(a) for “regulations” substitute “Regulations”.

In subsection (3) –

(a) for “The court of sheriff may” substitute “the Petty Debts Court may”;

(b) for “court or sheriff” in both places substitute “Court”.

In subsection (4)(b) for “Secretary of State’s” substitute “Minister’s”.

In subsection (5) for “court or sheriff may consider matters of which the Secretary of State” substitute “Petty Debts Court may consider matters of which the Minister”.

Section 12: heading(No modification)
Section 12

For “Secretary of State” in each place substitute “Minister”.

In subsection (5) for “be paid into the Consolidated Fund” substitute “form part of the annual income of the States”.

Section 13: heading(No modification)
Section 13

For “Secretary of State” in each place substitute “Minister”.

In subsection (3) for “A court or the sheriff” substitute “The Petty Debts Court”.

In subsection (5) –

(a) at the end of paragraph (a) add “and”;

(b) at the end of paragraph (b) omit “and”;

(c) omit paragraph (c).

Section 14: heading(No modification)
Section 14

In subsection (1) for “Secretary of State by order” substitute “Minister by Order”.

In subsection (2) –

(a) at the end of paragraph (a) add “and”;

Omit paragraphs (c) and (d).

Omit subsection (3).

Section 15: heading(No modification)
Section 15 as amended by the 2014 Act s.12(2) and (3) and Schedule 9(11) paragraph 75

In subsection (1) –

(a) in paragraph (a) for “the United Kingdom” substitute “Jersey”;

(b) after paragraph (a) insert paragraph (b) set out in Schedule 8A;

(c) in paragraph (g) –

  (i) for “regulations” substitute “Regulations or an Order”;

  (ii) for “Secretary of State” in both places substitute “Minister”.

In subsection (1A)(b) for “an order made by the Secretary of State” substitute “Regulations made by the States”.

In subsection (1B) for “An order” substitute “Regulations”.

In subsection (1C) –

for “an order” substitute “Regulations”;

for “regulations” substitute “Regulations”.

In subsection (2)(b) for “section 68” substitute “sections 67A and 68”.

Section 22: cross-heading(No modification)
Section 22: heading(No modification)
Section 22

In subsection (2) –

(a) in paragraph (a) for “51 Weeks” substitute “12 months”;

(b) in paragraph (b) for “level 5” substitute “level 3”.

Omit subsections (3), (4) and (5).

Section 23: heading(No modification)
Section 23(No modification)
Section 26: heading(No modification)
Section 26

In subsection (1)(b) for “Secretary of State” substitute “Minister”.

In subsection (2) –

(a) for “A magistrates’ court may, on the application of the Secretary of State” substitute “The Magistrate’s Court may, on the application of the Minister”;

(b) in paragraph (a) for “court” substitute “Court”.

In subsection (4)(b) for “Secretary of State) satisfies the court” substitute “Minister) satisfies the Court”.

In subsection (5) –

(a) for “Secretary of State may make regulations” substitute “Minister may make provision by Order”;

(b) in paragraph (c) for “a court has declined to make an order under subsection (2) on the grounds that the court” substitute “the Court has declined to make an order under subsection (2) on the grounds that the Court”.

For subsection (6) substitute subsection (6) set out in Schedule 8A.

Omit subsection (8).

Section 43A (see the 2017 Act section 159)(No modification)
Section 43A as inserted by the 2017 Act s.159For “constable” in each place substitute “police officer”.
Section 43B (see the 2017 Act s.159)(No modification)
Section 43B as inserted by the 2017 Act s.159

In subsection (3) for paragraphs (a) and (b) substitute “to either or both of the following—

(a) imprisonment for a term not exceeding 12 months;

(b) a fine”.

Section 44: heading(No modification)
Section 44

For “constable” in each place substitute “police officer”.

In subsection (5) for “the United Kingdom” in both places substitute “Jersey”.

Section 45: heading(No modification)
Section 45 as amended by the 2016 Act Schedule 8 paragraph 7(2)(a) and (b), (3), (4) and (5)

In subsection (2) –

(a) for “constable, a justice of the peace” substitute “police officer, the Bailiff”;

(b) for “justice of the peace may issue a warrant authorising an immigration officer or constable” substitute “Bailiff may issue a warrant authorising an immigration officer or police officer”.

In subsection (2B) for “justice of the peace” substitute “Bailiff”.

In subsection (2C) for “justice” substitute “Bailiff”.

In subsection (3)(d) for “constable” substitute “police officer”.

Omit subsections (3A) and (5).

Section 46: heading(No modification)
Section 46

For “constable” in each place substitute “police officer”.

In subsection (2) for paragraphs (a) and (b) substitute “is subject to legal professional privilege”.

In subsection (3) –

(a) for “the officer” substitute “the immigration officer”;

(b) in paragraph (a) for “the United Kingdom” substitute “Jersey”.

For subsection (5) substitute subsection (5) set out in Schedule 8A.

Section 46A: heading (see the 2017 Act s.160)(No modification)
Section 46A as inserted by the 2017 Act s.160

In subsections (2) and (3) for “constable” in place substitute “police officer”.

In subsection (7((b) after “the United Kingdom” insert “and Islands”.

Section 46B: heading (see the 2017 Act s.160)(No modification)
Section 46B as inserted by the 2017 Act s.160

In subsection (1) –

(a) for “constable” in place substitute “police officer”;

(b) in paragraph (a) for “the United Kingdom” substitute “Jersey”.

For subsection (3) substitute subsection (3) set out in Schedule 8A.

Section 46C: heading (see the 2017 Act s.160)(No modification)
Section 46C as inserted by the 2017 Act s.160

In subsection (3)(c) for “the United Kingdom” substitute “Jersey”.

In subsection (4) for paragraphs (a), (b) and (c) substitute on conviction, to either or both of the following—

(a) imprisonment for a term not exceeding 12 months;

(b) “a fine”.

Section 61: heading(No modification)
Section 61Omit subsection (2).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources