The Counter-Terrorism and Security (Jersey) Order 2017

Article 2(a)

SCHEDULE 1 Modifications of Part 1 of the Counter-Terrorism and Security Act 2015 as it extends to Jersey

1.  For section 1 (Seizure of passports etc from persons suspected of involvement in terrorism) substitute—

“Seizure of passports etc from persons suspected of involvement in terrorism

1.   Schedule 1 makes provision for the seizure and temporary retention of travel documents where a person is suspected of intending to leave Jersey in connection with terrorism-related activity.”.

2.  In the heading to Chapter 2 (TEMPORARY EXCLUSION FROM THE UNITED KINGDOM) for the “THE UNITED KINGDOM” substitute “JERSEY”.

3.  In section 2 (Temporary exclusion orders)—

(a) for “the United Kingdom” wherever it occurs (except subsections (3) and (5)) substitute “Jersey”;

(b) in subsections (3) and (5) for “United Kingdom” substitute “British Islands”;

(c) for “Secretary of State” wherever it occurs substitute “Minister”;

(d) in subsection (7)(a) for “court” substitute “Royal Court”.

4.  In section 3 (Temporary exclusion orders: prior permission of the court)—

(a) for “Secretary of State” wherever it occurs substitute “Minister”;

(b) for “court” wherever it occurs (except in subsection (4)) substitute “Royal Court”.

5.  In section 4 (Temporary exclusion orders: supplementary provision)—

(a) for “Secretary of State” wherever it occurs substitute “Minister”;

(b) in subsection (7) for “the United Kingdom” in both places it occurs substitute “Jersey”;

(c) in subsection (10) for “United Kingdom” substitute “British Islands”.

6.  In section 5 (Permit to return)—

(a) for “the United Kingdom” wherever it occurs substitute “Jersey”;

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

7.  In section 6 (Issue of permit to return: application by individual)—

(a) for “Secretary of State” wherever it occurs substitute “Minister”;

(b) in subsection (2)(a) for “constable” substitute “police officer”;

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

8.  In section 7 (Issue of permit to return: deportation or urgent situation)—

(a) for “Secretary of State” wherever it occurs substitute “Minister”;

(b) in subsection (1) for “the United Kingdom” substitute “Jersey”.

9.  In section 8 (Permit to return: supplementary provision)—

(a) for “Secretary of State” wherever it occurs substitute “Minister”;

(b) in subsection (2)(b) and (4) for “the United Kingdom” substitute “Jersey”.

10.  In section 9 (Obligations after return to the United Kingdom)—

(a) in the heading (and in the cross heading before the section) for “the United Kingdom” substitute “Jersey”;

(b) in subsections (1) and (4) for “Secretary of State” substitute “Minister”;

(c) in subsections (1) and (6) for “the United Kingdom” wherever it occurs substitute “Jersey”;

(d) for subsection (2)(a) substitute—

“(a) an obligation—

(i) to report to a police station at such times and in such manner as the Minister may by notice require, and to comply with any directions given by a police officer in relation to such reporting;

(ii) to attend appointments with specified persons or persons of specified descriptions at specified times and places, and to comply with any reasonable directions given by the Minister that relate to matters about which the individual is required to attend an appointment;”;

(e) after subsection (2) insert—

“(2A) A notice under this section may provide that a requirement to report to a police station is not to apply if conditions specified in the notice are met.”.

11.  In section 10 (Offences)—

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

(b) in subsection (4) for “regulations” substitute “an Order”;

(c) for subsection (5) substitute—

“(5) An individual guilty of an offence under this section is liable on conviction to imprisonment for a term not exceeding 5 years or to a fine, or to both.”;

(d) for subsection (6) substitute—

“(6) Where an individual is convicted by or before a court of an offence under this section, it is not open to that court to make in respect of the offence an order for a conditional discharge.”;

(e) omit subsection (8).

12.  In section 11 (Review of decisions relating to temporary exclusion orders)—

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

(b) for “court” wherever it occurs substitute “Royal Court”;

(c) for “Secretary of State” wherever it occurs substitute “Minister”;

(d) for subsection (9) substitute—

“(9) The power under this section to quash a temporary exclusion order, permitted obligation or notice under section 9 includes power to stay the quashing for a specified time, or pending an appeal or further appeal against the decision to quash.”.

13.  In section 13 (Regulations: giving of notices, legislation to passports)—

(a) in the heading for “Regulations” substitute “Orders”;

(b) in subsection (1) for “Secretary of State may by regulations” substitute “Minister may by Order”;

(c) in subsection (2) for “regulations” substitute “Order”;

(d) in subsection (3) for “Secretary of State may make regulations” substitute “Minister may make Orders”;

(e) for subsection (4) substitute—

“(4) The Subordinate Legislation (Jersey) Law 1960(1) shall apply to Orders under this section.”;

(f) omit subsection (5).

14.  In section 14 (Chapter 2: interpretation)—

(a) in subsection (2)—

(i) in the definition of “act of terrorism” for “Terrorism Act 2000 (see section 1(5) of that Act)” substitute “Terrorism (Jersey) Law 2002(2) (see Article 1 of that Law)”;

(ii) omit the definition of “court”;

(iii) after that definition insert—

““Jersey” means the Bailiwick of Jersey;

“Minister” means the Minister for Home Affairs;”;

(iv) after the definition of “permit to return” insert—

““police officer” has the same meaning as in Part 1 of the Schedule to the Interpretation (Jersey) Law 1954(3);”;

(v) in the definition of “terrorism” for “Terrorism Act 2000 (see section 1(1) to (4) of that Act)” substitute “Terrorism (Jersey) Law 2002 (see Article 1 of that Law)”;

(b) in subsection (6) for “the United Kingdom” wherever it occurs substitute “Jersey”.

15.  Omit section 15 (Chapter 2: consequential amendments).

(1)

Revised Edition: Chapter 15.720.

(2)

Revised Edition: Chapter 17.860.

(3)

Revised Edition: Chapter 15.360.