The Immigration (Jersey) Order 2021

Transitional and saving provisions U.K.

16.—(1) Anything done under or for the purposes of an Act extended to Jersey by the Orders revoked by article 15(1) shall, in so far as any corresponding action could be taken under or for the purposes of an Act extended to Jersey by this Order, have effect as if done by way of action so taken, and in relation to anything so done the Act extended to Jersey by this Order shall apply accordingly.

(2) For the purpose of paragraph (3) a “relevant Order” is an Order that was—

(a) made under an Act extended to Jersey by an Order revoked by article 15(1); and

(b) in force immediately before the commencement of this Order.

(3) A relevant Order is to be treated as if it is made by the Minister under the Act extended to Jersey by this Order and shall remain in force until revoked or replaced by an Order under the said Act.

(4) Paragraph (5) applies to any provision of Regulations or an Act of the States that was—

(a) made by under an Act extended to Jersey by an Order revoked by article 15(1); and

(b) in force immediately before the commencement of this Order.

(5) A provision to which this paragraph applies is to be treated as if made by the States of Jersey under the relevant Act as extended by this Order and shall remain in force until revoked or replaced by Regulations or an Act of the States, as the case may be, under the said Act.

(6) Rules made by the Minister under section 1(4) of the 1971 Act as extended to Jersey by an Order revoked by article 15(1) and in force immediately before the commencement of this Order, are to be treated as if made by the Minister as an Order under section 1(5) of the 1971 Act as extended to Jersey by this Order and shall remain in force until revoked or replaced by an Order under the said section.

(7) Paragraph (8) applies to the following directions issued under an Act extended to Jersey by an Order revoked by article 15(1)—

(a) the Immigration (Leave to Enter and Remain) Directions 2017(1);

(b) the Immigration (Landing and Embarkation Cards) Directions 2017(2);

(c) the Immigration (Passenger, Crew and Service Information) (Jersey) Directions 2017(3);

(d) the Immigration (Form and Manner of Passenger Information) (Jersey) Directions 2019(4); and

(e) the immigration (Leave to Enter and Remain) (Grace Period) (Jersey) Directions 2020(5).

(8) Directions to which this paragraph applies take effect on the commencement of this Order as if made by the Minister as an Order under the provision of the Act that corresponds to the provision under which the direction was issued, and remain in force until revoked or replaced by an Order under that provision.

(9) The Minister may by Order make such other transitional or saving provision as the Minister thinks appropriate in connection with the commencement of—

(a) this Order; and

(b) any provision extended to Jersey by this Order.

(10) An Order under paragraph (9) may amend an enactment.

Commencement Information

I1 Art. 16 comes into force in accordance with art. 1(1)

(1)

MINISTERIAL DECISION REFERENCE: MD-HA-2019-0035

https://www.gov.je/SiteCollectionDocuments/Life%20events/ID%20Leave%20to%20Enter%20and%20Remain%20Directions%202017%2012%2013.pdf (Accessed 13 July 2021).

(2)

MINISTERIAL DECISION REFERENCE: MD-C-2015-0070

https://www.gov.je/SiteCollectionDocuments/Life%20events/ID%20Immigration%20%28Landing%20and%20Embarkation%20Card%29%20Directions%202017%2012%2013.pdf (Accessed 13 July 2021).

(3)

MINISTERIAL DECISION REFERENCE: MD-HA-2019-0068

https://www.gov.je/SiteCollectionDocuments/Life%20events/ID%20Immigration%20%28Passenger%20Crew%20and%20Service%20Information%29%20%28Jersey%29%20Direction%202017%2012%2013.pdf (Accessed 13 July 2021).

(4)

MINISTERIAL DECISION REFERENCE: MD-HA-2019-0068

https://www.gov.je/SiteCollectionDocuments/Life%20events/Immigration%20%28Passenger%20Information%29%20Directions%202019%20%28signed%29.pdf(Accessed 13 July 2021).

(5)

MINISTERIAL DECISION REFERENCE: MD-HA-2020-20-0082

https://www.gov.je/SiteCollectionDocuments/Life%20events/ID%20Immigration%20%28Leave%20to%20Enter%20and%20Remain%29%20%28Grace%20Period%29%20%28Jersey%29%20Directions%202020%2020210111%20CB.pdf (Accessed 13 July 2021).