The Immigration and Asylum (Jersey) Order 2012 No. 2593

Statutory Instruments

2012 No. 2593

Immigration

The Immigration and Asylum (Jersey) Order 2012

Made

17th October 2012

Coming into force in accordance with article 1

At the Court at Buckingham Palace, the 17th day of October 2012

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the power conferred upon Her by section 36 of the Immigration Act 1971(1), section 13(5) of the Asylum and Immigration Act 1996(2) and section 170(7) of the Immigration and Asylum Act 1999(3), is pleased, by and with the advice of Her Privy Council, to order as follows:

Citation and Commencement

1.  This Order may be cited as the Immigration and Asylum (Jersey) Order 2012 and shall come into force on the day after it is registered by the Royal Court of Jersey.

Amendment of the Immigration (Jersey) Order 1993

2.—(1) Part 1 of Schedule 1 to the Immigration (Jersey) Order 1993(4) is amended as follows.

(2) In paragraph 5—

(a) in subparagraph (b), at the end, omit “and”; and

(b) after subparagraph (b), insert—

“(ba) in subsection (4)(a), after “his wife” insert “or civil partner; and”.

Amendment of the Asylum and Immigration Act 1996 (Jersey) Order 1998

3.—(1) The Schedule to the Asylum and Immigration Act 1996 (Jersey) Order 1998(5) is amended as follows.

(2) After paragraph 6, insert—

“6A   In paragraph 2 of Schedule 2, in the substituted paragraph (b), after “her husband” insert “or civil partner,””.

Amendment of the Immigration and Asylum Act 1999 (Jersey) Order 2003

4.—(1) The Schedule to the Immigration and Asylum Act 1999 (Jersey) Order 2003(6) is amended as follows.

(2) In the second column (modifications) of the Schedule, after the modifications to subsection section 141(12) (fingerprinting), insert—

“In subsection (14)(a), for “spouse” substitute “spouse, civil partner””.

Richard Tilbrook

Clerk of the Privy Council

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes amendments consequential upon the enactment in Jersey of the Civil Partnership (Jersey) Law 2012 (L.4/2012).

The Order amends:

• the Immigration (Jersey) Order 1993 (SI 1993/1797) which extended to Jersey, subject to modifications, provisions of the Immigration Act 1971 (c.77);

• the Asylum and Immigration (Jersey) Order 1998 (SI 1998/1070), which extended to Jersey, subject to modifications, provisions of the Asylum and Immigration Act 1996 (c.49); and

• the Immigration and Asylum Act 1999 (Jersey) Order 2003 (SI 2003/1252), which extended to Jersey, subject to modifications, provisions of the Immigration and Asylum Act 1999 (c.43).

(1)

1971 c.77

(2)

1996 c.49

(3)

1999 c.33

(4)

S.I. 1993/1797. Schedule 1 was amended by S.I. 2003/1252

(5)

S.I. 1998/1070

(6)

S.I. 2003/1252. The Schedule was amended by S.I. 2005/617.