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The Immigration (Jersey) Order 2021
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- UK Statutory Instruments
- 2021 No. 1281
- SCHEDULE 5
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Article 7
SCHEDULE 5U.K.Extension and modification of the Nationality, Immigration and Asylum Act 2002
Commencement Information
I1Sch. 5 comes into force in accordance with art. 1(1)
Column 1 Provision | Column 2 Modification |
|---|---|
| Part 1: heading | (No modification) |
| Section 10: heading | (No modification) |
| Section 10 as amended by the 2006 Act s.50(5), Schedule 2 paragraph 4(b) and Schedule 3 paragraph 1 | In subsection (1) for “Secretary of State may by regulations” substitute “Minister may by Order”. For “the United Kingdom” in each place substitute “Jersey”. In subsection (2) – (a) for “The regulations” substitute “An Order”; (b) in paragraph (g) for “regulations” substitute “Order”. In subsection (3) for “The regulations” substitute “An Order”. For subsections (4), (5) and (6) substitute subsection (4) set out in Schedule 5A. |
| Part 4: heading | (No modification) |
| Section 62: cross-heading | (No modification) |
| Section 62: heading | For “Secretary of State” substitute “Minister”. |
| Section 62 as amended by the 2014 Act Schedule 9(1) paragraph 3(2)(a)(i) and (ii), and (b) and (c) and Schedule 9(2) paragraph 13; and the 2016 Act s.60(12) | For “Secretary of State” in each place substitute “Minister”. For “the United Kingdom” in each place substitute “Jersey”. In subsection (2)(b) for “Secretary of State’s” substitute “Minister’s”. Omit subsections (8), (9), (10), (11), (12), (13) ,(14), (15) and (16). |
| Section 67: heading | (No modification) |
| Section 67 | In subsection (2)(a) – (a) for “the United Kingdom” substitute “Jersey”; (b) for “the United Kingdom’s obligations ” substitute “obligations by which Jersey is bound”. In subsection (2)(b) for “the United Kingdom” substitute “Jersey”. |
| Section 72: cross-heading | (No modification) |
| Section 72: heading | (No modification) |
| Section 72 as amended by the 2007 Act section 39(2) and (3) | For “the United Kingdom” in each place substitute “Jersey”. In subsection (4) – (a) in paragraph (a) for “order” substitute “Order”; (b) for “Secretary of State” in both places substitute “Minister”. Omit subsection (5). Omit subsections (8), (9) and (10). |
| Section 76: heading | (No modification) |
| Section 76 as amended by the 2014 Act Schedule 9(1) paragraphs 3(3)(a) and (b) and 7 | For “Secretary of State” in each place substitute “Minister”. In subsections (1) and (2) for “the United Kingdom” substitute “Jersey”. In subsection (2) omit “—(a)”. In subsection (3) for “the United Kingdom” where it first appears substitute “Jersey”. |
| Section 77: heading | (No modification) |
| Section 77 | For “the United Kingdom” in each place substitute “Jersey”. In subsection (2) – (a) in paragraph (a) for “the United Kingdom’s obligations” substitute “obligations by which Jersey is bound”; In paragraph (b) for “Secretary of State’s” substitute “Minister’s”. Omit subsection (5). |
| Part 5: heading | For “APPEALS” substitute “LISTED STATES”. |
| Section 113: heading | For the heading substitute the heading set out in Schedule 5A. |
| Section 113 | For section 113 substitute section 113 set out in Schedule 5A. |
| Part 5A: heading (see the 2014 Act s.19) | (No modification) |
| Section 117A: heading (see the 2014 Act s.19) | (No modification) |
| Section 117A as inserted by the 2014 Act s.19 | In subsection (1)(b) for “section 6 of the Human Rights Act 1998” substitute “Article 7 of the Human Rights (Jersey) Law 2000”. |
| Section 117B: heading (see the 2014 Act s.19) | (No modification) |
| Section 117B as inserted by the 2014 Act s.19 | For “the United Kingdom” in each place substitute “Jersey”. In subsection (2) after “English” in both places insert “or French”. |
| Section 117C: heading (see the 2014 Act s.19) | (No modification) |
| Section 117C as inserted by the 2014 Act s.19 | In subsection (4) for “the United Kingdom” in both places substitute “Jersey”. |
| Section 117D: heading (see the 2014 Act s.19) | (No modification) |
| Section 117D as inserted by the 2014 Act s.19 | For “the United Kingdom” in each place substitute “Jersey”. Omit subsection (3). |
| Part 6: heading | (No modification) |
| Section 126: cross-heading | (No modification) |
| Section 126: heading | (No modification) |
| Section 126 as amended by the 2014 Act s.8(2), (3) and (4), Schedule 2 paragraph 3(2)(a) and (b), (3) and (4) and Schedule 9(3) paragraph 19(a), (b) and (c) | In subsection (1) for “Secretary of State may by regulations” substitute “States may by Regulations”. For subsection (2) substitute subsection (2) set out in Schedule 5A. In subsections (6), (7) and (8A) for “regulations” substitute “Regulations”. Omit subsection (8). In subsection (9) – (a) for the definition of “authorised person” substitute the definition of “authorised person” set out in Schedule 5A: (b) at the end of the definition of “entrant” omit “and”; (c) for the full stop at the end of the definition of “entry clearance” substitute “, and”; (d) after that definition insert the definition of “the Minister” set out in Schedule 5A. |
| Section 127: heading | (No modification) |
| Section 127 as amended by the 2014 Act Schedule 2 paragraph 4(2), (3) and (4)(a), (b) and (c) | For “Secretary of State” in both places substitute “Minister”. In subsection (1) for “the United Kingdom” substitute “Jersey”. In subsection (3) – (a) in paragraph (aa) omit “and”; (b) for the full stop at the end of paragraph (b) substitute “, and”; (c) after paragraph (b) insert paragraph (c) set out in Schedule 5A. |
| Section 129: cross-heading | Omit “by public authority”. |
| Section 133: heading | (No modification) |
| Section 133 | In subsection (2)(b) for “the United Kingdom” substitute “Jersey”. For subsection (4) substitute subsection (4) set out in Schedule 5A. |
| Section 134: heading | (No modification) |
| Section 134 | For subsection (1) substitute subsection (1) set out in Schedule 5A. For subsection (3) substitute subsection (3) set out in Schedule 5A. |
| Section 136: heading | (No modification) |
| Section 136 | In subsection (1) omit “or 135”. In subsection (3) for “Secretary of State” substitute “Minister”. In subsection (5)(e) for “Banking and Financial Dealings Act 1971 in any part of the United Kingdom” substitute “Public Holidays and Bank Holidays (Jersey) Law 1951”. |
| Section 137: heading | (No modification) |
| Section 137 | In subsection (2) – (a) omit “on summary conviction”; (b) in paragraph (b) for “level 5” substitute “level 3”. |
| Section 138: heading | (No modification) |
| Section 138 | (No modification) |
| Section 139: heading | (No modification) |
| Section 139 | In subsection (1) omit “or 135”. |
| Part 7: heading | (No modification) |
| Section 145: heading | (No modification) |
| Section 145 | For “the United Kingdom” in each place substitute “Jersey”. In subsection (5) for paragraphs (a) and (b) substitute “on conviction to imprisonment for a term not exceeding 14 years, to a fine or to both”. |
| Part 8: heading | (No modification) |
| Section 157: heading | (No modification) |
| Section 157 | In subsection (1) for “Secretary of State may by order” substitute “States may by Regulations”. In subsection (2) for “An order” substitute “Regulations”. Omit subsections (3), (4) and (5). |
| Section 159: heading | (No modification) |
| Section 159 | (No modification) |
| Section 164: heading | (No modification) |
| Section 164 | (No modification) |
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