The Immigration (Jersey) Order 2016

Article 3

SCHEDULE Modifications of sections 68 to 70 of the Immigration Act 2014 (Fees) as they extend to Jersey

1.  Before section 68 insert the following sections 67A, 67B and 67C –

“67A    Fees (the Minister)

(1) The Minister may by Order provide for fees to be charged in respect of the exercise of any function in connection with immigration or nationality exercised by –

(a) the Lieutenant-Governor;

(b) a Minister (within the meaning of Article 1(1) of the States of Jersey Law 2005);

(c) an immigration officer or any other States’ employee within the meaning of the Employment of States of Jersey Employees (Jersey) Law 2005,

other than a function exercised by the Lieutenant-Governor under arrangements made with the Secretary of State under section 43 of the British Nationality Act 1981.

(2) An Order under subsection (1) may not provide for a fee to be charged in respect of the exercise of a function otherwise than in connection with an application or claim, or on request.

(3) An Order under subsection (1) may set fees—

(a) of a fixed amount; or

(b) of an amount calculated by reference to an hourly rate or other factor.

(4) In respect of any fee set by an Order under subsection (1), the Order may—

(a) provide for exceptions;

(b) provide for the reduction, waiver or refund of part or all of a fee (whether by conferring a discretion or otherwise);

(c) make provision about—

(i) the consequences of failure to pay a fee;

(ii) enforcement;

(iii) when a fee may or must be paid.

(5) This section is without prejudice to any other power to charge a fee.

(6) The Subordinate Legislation (Jersey) Law 1960 shall apply to Orders made under this section.

(7) In this section and sections 67B and 67C —

“enactment” includes an enactment of the United Kingdom having effect in Jersey;

“function” includes a power or a duty;

“function in connection with immigration or nationality” includes a function in connection with an enactment that relates wholly or partly to immigration or nationality;

“Jersey” means the Bailiwick of Jersey;

“Minister” means Minister for Home Affairs.

(8) Any reference in this section and in section 67C to the exercise of a function includes a reference to its exercise in particular circumstances, including its exercise—

(a) at particular times or in a particular place;

(b) under particular arrangements;

(c) otherwise in particular ways,

and, for this purpose, “arrangements” includes arrangements for the convenience of applicants, claimants or persons making requests for the exercise of a function.

67B    Fees orders (the Minister): supplemental

(1) A fee under section 67A may relate to something done outside Jersey.

(2) Fees payable by virtue of section 67A may be recovered as a debt due to the Minister.

(3) Fees charged under an Order made under section 67A shall form part of the annual income of the States.

67C    Power to charge fees for attendance services in particular cases

(1) This section applies where a person exercises a function in connection with immigration or nationality in respect of which a fee is chargeable by virtue of an Order made under section 67A (a “chargeable function”) in a particular case and—

(a) in doing so attends at a place outside Jersey, and time, agreed with a person (“the client”); and

(b) does so at the request of the client.

It is immaterial whether or not the client is a person in respect of whom the chargeable function is exercised.

(2) In this section “attendance service” means the service described in subsection (1) except so far as it consists of the exercise of a chargeable function.

(3) The following are to be disregarded in determining whether a fee is chargeable in respect of a function by virtue of an Order made under section 67A—

(a) any exception provided for by the Order;

(b) any power so provided to waive or refund a fee.

(4) The person exercising the chargeable function may charge the client such fee for the purposes of recovering the costs of providing the attendance service as the person may determine.

(5) Fees payable by virtue of subsection (4) may be recovered as a debt due to the States.

(6) Fees charged under subsection (4) shall form part of the annual income of the States.

(7) This section is without prejudice to section 67A or any other power to charge a fee.”.

2.  In section 68 –

(a) in subsection (1) after “immigration or nationality” insert “, other than functions for which a fee may be charged by virtue of an Order made by the Minister under section 67A or by virtue of section 67C.”; and

(b) in subsection (12)-

(i) in the definition of “function in connection with immigration or nationality” for “the United Kingdom” substitute “Jersey”;

(ii) after that definition insert –

““Jersey” means the Bailiwick of Jersey”;

“Minister” means Minister for Home Affairs;”.

3.  In section 69–

(a) in subsection (2) for “the United Kingdom” substitute “Jersey”;

(b) after subsection (4) insert–

“(4A) Notwithstanding subsections (3) and (4), in relation to a function exercised by the Lieutenant-Governor under arrangements made with the Secretary of State under section 43 of the British Nationality Act 1981 –

(a) fees payable by virtue of section 68 may be recovered as a debt due to the Minister; and

(b) fees paid by virtue of section 68 shall form part of the annual income of the States.”.

4.  In section 70–

(a) in subsection (1) for “the United Kingdom” substitute “Jersey”; and

(b) after subsection (6) insert–

“(6A) Notwithstanding subsections (5) and (6), in relation to a function exercised by the Lieutenant-Governor under arrangements made with the Secretary of State under section 43 of the British Nationality Act 1981–

(a) fees paid by virtue of this section shall form part of the annual income of the States; and

(b) a fee payable by virtue of this section may be recovered as a debt due to the Minister.”.