The Immigration (Jersey) Order 2021

Article 10

SCHEDULE 8 UK Borders Act 2007

Column 1 Provision	Column 2 Modification
Section 1: cross heading	(No modification)
Section 1: heading	(No modification)
Section 1	For “Secretary of State” in each place substitute “Minister”.
Section 2: heading	(No modification)
Section 2	In subsection (1) – (a) omit “in England, Wales or Northern Ireland”; (b) for paragraph (a) substitute paragraph (a) set out in Schedule 8A. In subsection (2) for “constable” in each place substitute “police officer”. Omit subsection (6).
Section 3: heading	(No modification)
Section 3	For subsection (2) substitute subsection (2) set out in Schedule 8A. Omit subsections (3), (4) and (5).
Section 4: heading	(No modification)
Section 2	In subsection (1) omit “and a hoverport”.
Section 5: cross-heading	(No modification)
Section 5: heading	For “regulations” substitute “Regulations”.
Section 5	In subsection (1) for “Secretary of State may make regulations” substitute “States may make Regulations”. In subsections (2) to (10) – (a) for “regulations” in each place substitute “Regulations”; (b) for “Secretary of State” in each place substitute “Minister”; (c) for “the United Kingdom” in each place substitute “Jersey”. In subsection (5)(d) for “Secretary of State’s” substitute “Minister’s”. In subsection (6) omit “; and section 16 of the Identity Cards Act 2006 (c. 15) (prohibition of requirement to produce ID card) is subject to this subsection”.
Section 6: heading	(No modification)
Section 6	For “regulations” in each place substitute “Regulations”. In subsection (5) for “Secretary of State’s” substitute “Minister’s”. In subsection (6) – (a) at the end of paragraph (b) add “and”; (b) omit paragraphs (d) and (e).
Section 7: heading	(No modification)
Section 7 as amended by the 2014 Act s.11	For “regulations” in each place substitute “Regulations”. In subsection (2)(c) for “the United Kingdom” substitute “Jersey”. For “Secretary of State” in each place substitute “Minister”.
Section 8: heading (see the 2014 Act s.14(1))	(No modification)
Section 8 as substituted by the 2014 Act s.14(1)	For “regulations” in each place substitute “Regulations”. In subsection (1) – (a) for “Secretary of State must” substitute “States must”; (b) for “Secretary of State of” substitute “Minister of”. In subsection (2) for “Secretary of State” substitute “Minister”. In subsections (3)(b), (5) and (6) for “Secretary of State” in each place substitute “Minister”. In subsection (5)(b) for “the United Kingdom” substitute “Jersey”.
Section 9: heading	(No modification)
Section 9	In subsections (1) and (2) for “Secretary of State” in each place substitute “Minister”; In subsections (1), (2)(d) and (5) for “regulations” substitute “Regulations”. For subsection (6) substitute subsection (6) set out in Schedule 8A.
Section 10: heading	(No modification)
Section 10	For “Secretary of State” in each place substitute “Minister”. In subsection (1)(a) for “regulations” substitute “Regulations”.
Section 11: heading	(No modification)
Section 11	In subsection (1) for paragraphs (a) and (b) substitute “the Petty Debts Court”. In subsection (2)(a) for “regulations” substitute “Regulations”. In subsection (3) – (a) for “The court of sheriff may” substitute “the Petty Debts Court may”; (b) for “court or sheriff” in both places substitute “Court”. In subsection (4)(b) for “Secretary of State’s” substitute “Minister’s”. In subsection (5) for “court or sheriff may consider matters of which the Secretary of State” substitute “Petty Debts Court may consider matters of which the Minister”.
Section 12: heading	(No modification)
Section 12	For “Secretary of State” in each place substitute “Minister”. In subsection (5) for “be paid into the Consolidated Fund” substitute “form part of the annual income of the States”.
Section 13: heading	(No modification)
Section 13	For “Secretary of State” in each place substitute “Minister”. In subsection (3) for “A court or the sheriff” substitute “The Petty Debts Court”. In subsection (5) – (a) at the end of paragraph (a) add “and”; (b) at the end of paragraph (b) omit “and”; (c) omit paragraph (c).
Section 14: heading	(No modification)
Section 14	In subsection (1) for “Secretary of State by order” substitute “Minister by Order”. In subsection (2) – (a) at the end of paragraph (a) add “and”; Omit paragraphs (c) and (d). Omit subsection (3).
Section 15: heading	(No modification)
Section 15 as amended by the 2014 Act s.12(2) and (3) and Schedule 9(11) paragraph 75	In subsection (1) – (a) in paragraph (a) for “the United Kingdom” substitute “Jersey”; (b) after paragraph (a) insert paragraph (b) set out in Schedule 8A; (c) in paragraph (g) –   (i) for “regulations” substitute “Regulations or an Order”;   (ii) for “Secretary of State” in both places substitute “Minister”. In subsection (1A)(b) for “an order made by the Secretary of State” substitute “Regulations made by the States”. In subsection (1B) for “An order” substitute “Regulations”. In subsection (1C) – for “an order” substitute “Regulations”; for “regulations” substitute “Regulations”. In subsection (2)(b) for “section 68” substitute “sections 67A and 68”.
Section 22: cross-heading	(No modification)
Section 22: heading	(No modification)
Section 22	In subsection (2) – (a) in paragraph (a) for “51 Weeks” substitute “12 months”; (b) in paragraph (b) for “level 5” substitute “level 3”. Omit subsections (3), (4) and (5).
Section 23: heading	(No modification)
Section 23	(No modification)
Section 26: heading	(No modification)
Section 26	In subsection (1)(b) for “Secretary of State” substitute “Minister”. In subsection (2) – (a) for “A magistrates’ court may, on the application of the Secretary of State” substitute “The Magistrate’s Court may, on the application of the Minister”; (b) in paragraph (a) for “court” substitute “Court”. In subsection (4)(b) for “Secretary of State) satisfies the court” substitute “Minister) satisfies the Court”. In subsection (5) – (a) for “Secretary of State may make regulations” substitute “Minister may make provision by Order”; (b) in paragraph (c) for “a court has declined to make an order under subsection (2) on the grounds that the court” substitute “the Court has declined to make an order under subsection (2) on the grounds that the Court”. For subsection (6) substitute subsection (6) set out in Schedule 8A. Omit subsection (8).
Section 43A (see the 2017 Act section 159)	(No modification)
Section 43A as inserted by the 2017 Act s.159	For “constable” in each place substitute “police officer”.
Section 43B (see the 2017 Act s.159)	(No modification)
Section 43B as inserted by the 2017 Act s.159	In subsection (3) for paragraphs (a) and (b) substitute “to either or both of the following— (a) imprisonment for a term not exceeding 12 months; (b) a fine”.
Section 44: heading	(No modification)
Section 44	For “constable” in each place substitute “police officer”. In subsection (5) for “the United Kingdom” in both places substitute “Jersey”.
Section 45: heading	(No modification)
Section 45 as amended by the 2016 Act Schedule 8 paragraph 7(2)(a) and (b), (3), (4) and (5)	In subsection (2) – (a) for “constable, a justice of the peace” substitute “police officer, the Bailiff”; (b) for “justice of the peace may issue a warrant authorising an immigration officer or constable” substitute “Bailiff may issue a warrant authorising an immigration officer or police officer”. In subsection (2B) for “justice of the peace” substitute “Bailiff”. In subsection (2C) for “justice” substitute “Bailiff”. In subsection (3)(d) for “constable” substitute “police officer”. Omit subsections (3A) and (5).
Section 46: heading	(No modification)
Section 46	For “constable” in each place substitute “police officer”. In subsection (2) for paragraphs (a) and (b) substitute “is subject to legal professional privilege”. In subsection (3) – (a) for “the officer” substitute “the immigration officer”; (b) in paragraph (a) for “the United Kingdom” substitute “Jersey”. For subsection (5) substitute subsection (5) set out in Schedule 8A.
Section 46A: heading (see the 2017 Act s.160)	(No modification)
Section 46A as inserted by the 2017 Act s.160	In subsections (2) and (3) for “constable” in place substitute “police officer”. In subsection (7((b) after “the United Kingdom” insert “and Islands”.
Section 46B: heading (see the 2017 Act s.160)	(No modification)
Section 46B as inserted by the 2017 Act s.160	In subsection (1) – (a) for “constable” in place substitute “police officer”; (b) in paragraph (a) for “the United Kingdom” substitute “Jersey”. For subsection (3) substitute subsection (3) set out in Schedule 8A.
Section 46C: heading (see the 2017 Act s.160)	(No modification)
Section 46C as inserted by the 2017 Act s.160	In subsection (3)(c) for “the United Kingdom” substitute “Jersey”. In subsection (4) for paragraphs (a), (b) and (c) substitute on conviction, to either or both of the following— (a) imprisonment for a term not exceeding 12 months; (b) “a fine”.
Section 61: heading	(No modification)
Section 61	Omit subsection (2).