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The Immigration (Jersey) Order 2021

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Article 9

SCHEDULE 7U.K.Immigration, Asylum and Nationality Act 2006

Commencement Information

I1Sch. 7 comes into force in accordance with art. 1(1)

Column 1

Provision

Column 2

Modification

Section 27: cross-heading only(No modification)
Section 32: heading(No modification)
Section 32 as amended by the 2015 Act Schedule 5(1) paragraph 6

In subsection (1) for “the United Kingdom” in both places substitute “Jersey”.

In subsection (2) –

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

(b) for “superintendent” substitute “Chief Inspector”.

In subsection (4) –

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

(b) for paragraphs (a) and (b) ” substitute “for police purposes”.

In subsection (5) –

(a) in paragraph (a) for “order of the Secretary of State” substitute “Order of the Minister”;

(b) for paragraphs (b) and (c) substitute paragraphs (b) and (c) set out in Schedule 7A.

In subsection (7) –

(a) for “Secretary of State may make an order” substitute “Minister may make an Order”;

(b) for “Human Rights Act 1998 (c. 42)” substitute “Human Rights (Jersey) Law 2000”.

For subsection (8) substitute subsection (8) set out in Schedule 7A.

Section 32A: heading (see the 2015 Act Schedule 5(1) paragraph 7)For “Regulations” substitute “Orders”.
Section 32A as inserted by the 2015 Act Schedule 5(1) paragraph 7

In subsection (1) –

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

(b) for “the United Kingdom” in both places substitute “Jersey”.

For subsection (3) substitute subsection (3) set out in Schedule 7A.

In subsection (4) –

(a) for “The regulations” substitute “An Order under this section”;

(b) in paragraph (a) for “they apply” substitute “the Order applies”.

In subsection (5) –

(a) for “The regulations” substitute “An Order under this section”;

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

For subsection (6) substitute subsection (6) set out in Schedule 7A.

Section 32B: heading (see the 2015 Act Schedule 5(1) paragraph 7)(No modification)
Section 32B as inserted by the 2015 Act Schedule 5(1) paragraph 7.

In subsection (1) –

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

(b) in paragraph (b) for “regulations made under section 32A (regulations” substitute “an Order made under section 32A (Orders”.

In subsection (2) –

(a) for “Regulations” substitute “An Order”;

(b) for “regulations” substitute “Order”.

In subsection (3) for “regulations” in both places substitute “Order”.

In subsection (4) –

(a) for “The regulations” substitute “The Order”;

(b) for “by regulations” substitute “by an Order”;

(c) in paragraph (c) for “under section 22 of the Counter-Terrorism and Security Act 2015 and a penalty has been imposed on the person in respect of a failure to provide that information by virtue of regulations made” substitute “by the Minister by Order under section 22 of the Counter-Terrorism and Security Act 2015 and a penalty has been imposed on the person in respect of a failure to provide that information by virtue of an Order made by the Minister”.

For subsections (5) and (6) substitute subsection (5) set out in Schedule 7A.

Section 33: heading(No modification)
Section 33

For “the United Kingdom” in each place substitute “Jersey”.

In subsection (2) for “constable of the rank of superintendent” substitute “police officer of the rank of Chief Inspector”.

For subsections (4) and (5) substitute subsections (4) and (5) set out in Schedule 7A.

For subsections (7) and (8) substitute subsections (7) and (8) set out in Schedule 7A.

Section 34: heading(No modification)
Section 34 as amended by the 2015 Act Schedule 5(1) paragraph 8(2), (3) and (4)

In subsection (1)(b) for “regulations” substitute “an Order”.

In subsection (1A) for “regulations” in both places substitute “an Order”.

Omit subsection (2).

In subsection (3) –

(a) omit “summary”;

(b) in paragraph (a) for “51 weeks in England and Wales or 6 months in Scotland or Northern Ireland” substitute “6 months”;

(c) in paragraph (b) for “level 4” substitute “level 3”.

Omit subsection (4).

Section 39: heading(No modification)
Section 39

In subsection (1) –

(a) for “A chief officer of police” substitute “The Chief Officer of the States of Jersey Police Force”;

(b) for “the States of Jersey police force” substitute “a police force of the United Kingdom”.

For subsection (2) –

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

(b) after “in the United Kingdom” insert “and Islands”;

(c) for “Serious Organised Crime Agency” substitute “National Crime Agency”.

Omit subsection (3).

Section 40: heading(No modification)
Section 40

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

For “constable” and “constables” in each place substitute “police officer” and “police officers” respectively.

In subsection (4) for “Commissioners for Her Majesty’s Revenue and Customs, authorise a specified class of officers of Revenue and Customs” substitute “Agent of the Impôts, authorise a specified class of officer of the Impôts”.

In subsection (5) for “Revenue and Customs” substitute “the Impôts”.

In subsection (6) –

(a) in paragraph (b) for “Commissioners for Her Majesty’s Revenue and Customs for the exercise by authorised officers of Revenue and Customs” substitute “Agent of the Impôts for the exercise by authorised officers of the Impôts”;

(b) in paragraph (c ) for “Revenue and Customs” substitute “the Impôts”.

In subsection (8) for paragraph (b) substitute paragraph (b) set out in Schedule 7A.

Section 41: heading(No modification)
Section 41

For subsection (1) substitute subsection (1) set out in Schedule 7A.

In subsection (2) for “constable or officer of Revenue and Customs or of a class of constable or officer of Revenue and Customs” substitute “police officer or officer of the Impôts or of a class of police officer or officer of the Impôts”.

In subsection (3) –

(a) for “constable or officer of Revenue and Customs” substitute “police officer or officer of the Impôts”;

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

In subsection (7) for “constable or officer of Revenue and Customs” substitute “police officer or officer of the Impôts”.

In subsection (8) –

(a) omit “summary”;

(b) in paragraph (a) for “51 weeks in England and Wales or six months in Scotland or Northern Ireland” substitute “twelve months”;

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

Omit subsection (9).

Section 43: cross heading(No modification)
Section 50: heading(No modification)
Section 50

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

Omit subsections (3), (4), (5) and (6).

Section 53: cross heading(No modification)
Section 54: heading(No modification)
Section 54In subsection (2) for the definition of “terrorism” substitute the definition of “terrorism” set out in Schedule 7A.
Section 60: cross heading(No modification)
Section 60: headingFor the heading substitute the heading set out in Schedule 7A.
Section 60For section 60 substitute section 60 set out in Schedule 7A.
Section 64: heading(No modification)
Section 64

In subsection (1) omit “—(1)”.

Omit subsections (2), (3) and (4).

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