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Article 3
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Section 126 of the 2002 Act; as amended by sections 8, 12(4), 14(3) and 73 of, paragraph 3(1) of Schedule 2 to, and paragraph 19 of Part 3 of Schedule 9 to, the 2014 Act. | In subsection (1), for “Secretary of State”, substitute “States of Guernsey Committee for Home Affairs”. In subsection (2) – (a) in paragraphs (b) and (c), for “United Kingdom”, substitute “Bailiwick of Guernsey”, (b) at the end of paragraph (b), insert “or”, and (c) omit paragraphs (d) and (e). Omit subsection (2A). In subsection (4) – (a) in paragraph (f), for “Secretary of State” substitute “prescribed authority”, and (b) omit paragraphs (h) and (i). Omit subsection (8). Immediately after subsection (8A), insert the following subsections – “(8B) Regulations under this Act— (a) may be amended or repealed by subsequent regulations made under this Act, (b) may contain such consequential, incidental, supplemental and transitional provision as may appear to the Committee to be necessary or expedient, and (c) must be laid before a meeting of the States of Deliberation as soon as possible and, if at that or the next meeting the States of Deliberation resolve to annul them, cease to have effect, but without prejudice to anything done under them or to the making of new regulations. (8C) Any power conferred by this Act to make regulations may be exercised– (a) in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified cases or classes of cases; (b) so as to make, as respects the cases in relation to which it is exercised- (i) the full provision to which the power extends, or any lesser provision (whether by way of exception or otherwise); (ii) the same provision for all cases, or different provision for different cases or classes of cases, or different provision for the same case or class of case for different purposes; (iii) any such provision either unconditionally or subject to any conditions specified in the regulations.”. In subsection (9) – (a) in the definition of “code”, for “that Act”, substitute “the Immigration and Asylum Act 1999”, (b) in the definition of “entry clearance”, for “that Act”, substitute “the Immigration Act 1971”, and (c) insert, in the appropriate alphabetical order, the following definition – ““prescribed authority” means the States of Guernsey Committee for Home Affairs, the Lieutenant Governor, any other person or any two or more of these persons, as prescribed by the regulations.”. Immediately after subsection (9), insert the following subsection – “(9A) The States of Guernsey Committee for Home Affairs may make regulations to prescribe any person as an authorised person.”. |
Section 127 of the 2002 Act; as amended by section 12(4) of, and paragraph 4 of Schedule 2 to, the 2014 Act. | In subsection (1) – (a) for “Secretary of State”, substitute “States of Guernsey Committee for Home Affairs”, and (b) for “United Kingdom”, substitute “Bailiwick of Guernsey”. In subsection (2), for “Secretary of State”, substitute “Committee”. |
Section 164 of the 2002 Act |
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