The Immigration (Guernsey) Order 2020

Article 2

SCHEDULE 1 Extension and modification of provisions of the Immigration and Asylum Act 1999

Column 1	Column 2
Provision	Modifications
Section 144 of the 1999 Act; as amended by section 128(1) of the 2002 Act; section 12(4) of, and paragraph 2(1), (2) and (3) of Schedule 2 to, the 2014 Act.	In subsection (1), for “Secretary of State”, substitute “States of Guernsey Committee for Home Affairs”. Immediately after subsection (2), insert the following subsections – “(3) Regulations under this Act - (a) may be amended or repealed by subsequent regulations made under this Act, (b) may contain such consequential, incidental, supplemental and transitional provision as may appear to the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. (4) 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.”.
Section 144A of the 1999 Act; as inserted by section 14(2) of the 2014 Act.	In subsection (3), immediately after “in relation to”, insert “the destruction of”.
Section 145 of the 1999 Act; as amended by section 128(2) of the 2002 Act.	In subsections (1), (2A) and (3), for “specified” wherever that expression occurs, substitute “prescribed”. For subsection (4), substitute the following subsection – “(4) “Prescribed” means prescribed by regulations made by the States of Guernsey Committee for Home Affairs.”. For subsection (6), substitute the following subsection – “(6) “Code” means any code of practice for the time being in force under the Police Powers and Criminal Evidence (Bailiwick of Guernsey) Law, 2003 or the Police and Criminal Evidence Act 1984.”. Omit subsection (7).
Section 146 of the 1999 Act; as amended by section 153(2) of the 2002 Act; section 4 of, and paragraph 5 of Schedule 1 to, the 2014 Act.	For subsection (2), substitute the following subsection – “(2) Without limiting the generality of subsection (1), a person exercising a power under any of the following may if necessary use reasonable force— (a) section 141 or 142 of this Act, or (b) regulations under section 144 of this Act.”.