The Immigration (Jersey) (Amendment) Order 2017

SCHEDULE

Article 2

PART 1 AMENDMENT OF THE IMMIGRATION (JERSEY) ORDER 1993

1.  In Part I of Schedule 1 –

(a) in paragraph 1(c), for “Committee” in the substituted subsection (4) and for “Lieutenant-Governor” in the substituted subsection (4A) substitute “Minister”;

(b) in paragraph 3(d), for “Lieutenant-Governor” substitute “Minister”;

(c) in paragraph 4(a), in the substituted wording –

(i) for “Lieutenant-Governor” substitute “Minister”, and

(ii) for “Committee” substitute “Minister”;

(d) in paragraph 4(c)(i), for “Committee” substitute “Minister”;

(e) in paragraph 4(d) for “the Committee may by order make such provision as appears to it” substitute “the Minister may by order make such provision as appears to him”;

(f) in paragraph 5(b), for “Lieutenant-Governor” substitute “Minister”;

(g) in paragraph 5(c), for “Committee” substitute “Minister”;

(h) in paragraph 7(a)(ii), for “Lieutenant-Governor’s” substitute “Minister’s”;

(i) in paragraph 8(b), for the substituted subsection (2) substitute –

“(2) The Minister may direct that any particular person or class of persons shall be exempt either unconditionally or subject to such conditions as the Minister may impose from all or any of the provisions of this Act relating to those who are not British citizens.

(2A) A direction under this subsection, if made with respect to a class of persons, shall be made by Order to which the Subordinate Legislation (Jersey) Law 1960(1) shall apply.”;

(j) in paragraph 9(b)(iii), for the substituted words from “by order and may” to “other conditions, by the Committee” (inclusive) substitute “by an Order of the Minister and may be applicable to them”;

(k) in paragraph 9(d)(ii) and paragraph 9(f), for “Lieutenant-Governor” substitute “Minister”;

(l) for paragraph 12(d), substitute –

“(d) for subsection (5) substitute –

“(5) Subsection (1) above applies to things done whether inside or outside the Bailiwick of Jersey.””;

(m) in paragraph 16 –

(i) in subparagraph (a) for “Committee” substitute “Minister”,

(ii) in subparagraph (c) for “Finance and Economics Committee of the States” substitute the “Minister for Treasury and Resources”;

(n) in paragraph 17 –

(i) in subparagraph (a) for “Lieutenant-Governor or the Committee” substitute “Minister”,

(ii) omit subparagraph (b);

(o) in paragraph 18 –

(i) in subparagraph (a)(i), omit the inserted definition of “Committee”,

(ii) after subparagraph (a)(v) insert –

“(va) “Minister” means the Minister for Home Affairs;”,

(iii) in subparagraph (a)(viii) in the inserted definition of “work permit” for “Committee” substitute “Minister”;

(p) in paragraph 20 –

(i) in subparagraph (a)(i) for the substituted sub-paragraph (1) substitute –

“(1) Immigration officers for the purposes of this Act shall be appointed in accordance with the Employment of States of Jersey Employees (Jersey) Law 2005(2).”,

(ii) in subparagraph (a)(i) for the substituted sub-paragraph (3) substitute –

“(3) In the exercise of their functions under this Act, immigration officers and medical inspectors shall act in accordance with such directions as may be given them by the Minister.”,

(iii) in subparagraphs (f), (i), (k) and (s) for “Lieutenant-Governor” wherever occurring, substitute “Minister”,

(iv) in subparagraphs (i), (k), (o) and (p) for “Committee” wherever occurring, substitute “Minister”;

(q) in paragraph 21 –

(i) for “Lieutenant-Governor” wherever it occurs substitute “Minister”,

(ii) in subparagraph (a)(iii) for “Committee, if it” substitute “Minister, if he”;

(r) in paragraph 22(2)(e) for “Lieutenant-Governor” substitute “Minister”.

2.  Omit Part II of Schedule 1.

3.  In Part III of Schedule 1 –

(a) for “Lieutenant-Governor” and “Committee” wherever they occur (other than in paragraph 4), substitute “Minister”;

(b) omit paragraph 4.

Article 3

PART 2 AMENDMENT OF THE IMMIGRATION AND ASYLUM ACT 1999 (JERSEY) ORDER 2003

1.  Omit article 3(b).

2.  In the second column of the Schedule –

(a) for “Lieutenant Governor” wherever it occurs substitute “Minister”;

(b) for “Committee” wherever it occurs (except in item (g) opposite the entry relating to section 167) substitute “Minister”;

(c) in item (g) opposite the entry relating to section 167 –

(i) omit the definition of “Committee”,

(ii) insert ““Minister” means the Minister for Home Affairs;”.

Article 4

PART 3 AMENDMENT OF THE IMMIGRATION (JERSEY) ORDER 2012

In the second column of Schedule 1 for “Lieutenant Governor” in both places substitute “Minister”.

Article 5

PART 4 AMENDMENT OF THE IMMIGRATION (JERSEY) ORDER 2015

1.  In the second column of Schedule 2 opposite the entry relating to paragraph 5 (Designations) omit item (b).

2.  In the second column of Schedule 2 opposite the entry relating to Schedule 9 (Provision relating to removal) for “Lieutenant-Governor” substitute “Minister”.

(1)

Revised Edition Chapter 15.720

(2)

Revised Edition Chapter 16.325