SCHEDULEExtension and modification of provisions of the Immigration and Asylum Act 1999 to Guernsey
Provisions | Modifications |
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Section 1 (leave to enter) (inserting section 3A into the 1971 Act) | In the inserted section 3A,
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Section 2 (leave to remain) (inserting section 3B into the 1971 Act) | In the inserted section 3B,
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Section 3 (continuation of leave pending decision) (inserting section 3C into the 1971 Act) | In the inserted section 3C,
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Section 5 (charges) | In subsection (1), for the words from “Secretary of State” to “prescribing” substitute “the Board may by order prescribe” and in subsection (1)(a) and (b), for “United Kingdom” (both places) substitute “Bailiwick of Guernsey”. In subsection (2), omit the words “by the Secretary of State” and for “regulations” substitute “order”. In subsection (3)(b), for “regulations” substitute “order”. In subsection (4), for the words from “the Secretary of State” to the end, substitute “that part of the application must be entertained”. In subsection (5), for “United Kingdom” substitute “Bailiwick of Guernsey”. In subsection (6), for the words from “subsection (1)” to “Part VI” substitute “subsection (15) of section 141”. |
Section 6 (members of missions other than diplomatic agents) | For section 6, in the substituted subsection (3A), after “United Kingdom” (both places) insert “and the Bailiwick of Guernsey”. |
Section 7 (persons ceasing to be exempt) (inserting section 8A into the 1971 Act) | In the inserted sections 8A(2) and (3), for “United Kingdom” (in each place) substitute “Bailiwick of Guernsey”. |
Section 8 (persons excluded from the United Kingdom under international obligations) (inserting section 8B into the 1971 Act) | In the inserted section 8B,
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Section 10 (removal of certain persons unlawfully in the United Kingdom) | At each place where “United Kingdom” appears, substitute “Bailiwick of Guernsey”. Omit subsection (2). In subsections (3) and (4) (both places), for “Secretary of State” substitute “Lieutenant Governor”. In subsection (7), for “21 and 22 to 24”, substitute “and 21”. In subsection (9), for “Secretary of State” substitute “Board”. |
Section 13 (proof of identity of persons to be removed or deported) | In subsection (1)(a), for “United Kingdom” substitute “Bailiwick of Guernsey”. In subsections (2) and (3), “for Secretary of State” (both places) substitute “Lieutenant Governor”. Omit subsection (4). |
Section 14 (escorts for persons removed from the United Kingdom under directions) | At each place where “United Kingdom” appears, substitute “Bailiwick of Guernsey”. At each place where “Secretary of State” appears, substitute “Board”. |
Section 15 (protection of claimants from removal or deportation) | In subsection (1), for “Secretary of State” substitute “Lieutenant Governor” and for “United Kingdom” substitute “Bailiwick of Guernsey”. Omit subsection (4). |
Section 18 (passenger information) (inserting paragraph 27B into Schedule 2 to the 1971 Act) | In the inserted paragraph 27B,
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Section 19 (notification of non-EEA arrivals) (inserting paragraph 27C into Schedule 2 to the 1971 Act) | At each place where “United Kingdom” appears in the inserted paragraph 27C, substitute “Bailiwick of Guernsey”. |
Section 25 (immigration control: facilities and charges) | At each place where “Secretary of State” appears, substitute “Board”. Omit subsections (2), (3), (4) and (5). |
Section 26 (charges: immigration control) | In subsection (1) for “Secretary of State” substitute “Board” and for “he” substitute “it”. |
Section 28 (deception) (inserting section 24A into the 1971 Act) | In the inserted section 24A,
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Section 29 (facilitation of entry) (amending section 25 of the 1971 Act)4 | In the inserted section 25(1D), after “obligations” insert “in respect of the Bailiwick of Guernsey” and for “United Kingdom” at the second place where those words appear, substitute “Bailiwick of Guernsey”. |
Section 30 (false statements etc) (amending section 26 of the 1971 Act)5 | In subsection (3), omit the inserted section 26 (3)(c) and in the inserted section 26(3)(d), omit the words “(apart from Part VI)”. |
Section 31 (defences based on Article 31(1) of the Refugee Convention) | At each place where “United Kingdom” appears, substitute “Bailiwick of Guernsey”. For subsections (3) and (4) substitute—
In subsection (7), for “Secretary of State” substitute “Lieutenant Governor”. Omit subsections (8) and (9). For subsections (10) and (11), substitute—
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Section 32 (penalty for carrying clandestine entrants) | At each place where “United Kingdom” appears, substitute “Bailiwick of Guernsey”. In subsection (3), for “Secretary of State” substitute “Board”. |
Section 33 (code of practice) | At each place where “Secretary of State” appears, substitute “Board”. For subsection (2) substitute—
Omit subsections (3) and (4). In subsection (6), for “Subsections (2) and (4) also apply” substitute “Subsection (2) also applies”. |
Section 34 (defences to claim that penalty is due under section 32) | In subsection (4), for “Secretary of State” substitute “Board”. |
Section 35 (procedure) | At each place where “Secretary of State” appears, substitute “Board”. In subsection (10), for “him” substitute “it”. |
Section 36 (power to detain vehicles etc. in connection with penalties under section 32) | At each place where “Secretary of State” appears, substitute “Board”. |
Section 37 (effect of detention) | At each place where “court” appears, substitute “Royal Court sitting as an Ordinary Court”. In subsections (4) and (5), for “Secretary of State” substitute “Board”. After subsection (6), insert—
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Section 38 (assisting illegal entry and harbouring) (amending section 25 and inserting section 25A into the 1971 Act) | In the inserted section 25A—
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Section 40 (charges in respect of passengers without proper documents) | At each place where “United Kingdom” appears, substitute “Bailiwick of Guernsey”. In subsection (1), for “road passenger vehicle or train” substitute “or road passenger vehicle”. In subsection (2), for “Secretary of State” substitute “Board”, and omit “or the train operator”. In subsection (3), for “Secretary of State” substitute “Board”. In subsection (4), omit “or train operator” and in subsection (4)(b) omit “or train”. In subsection (5), omit “by a train operator, or”. In subsections (7)(a) and (8), for “Secretary of State” substitute “Board” (both places). Omit subsections (9), (10) and (12). |
Section 42 (power to detain vehicles etc. in connection with charges under section 40) | At each place where “court” appears, substitute “Royal Court sitting as an Ordinary Court”. In subsection (1)(b), for “sea, air or land” substitute “sea or air”. In subsections (4), (6) and (7), for “Secretary of State” (each place), substitute “Board”. After subsection (8) insert—
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Section 43 (Interpretation of Part II) | Omit the entries relating to “court”, “rail freight wagon”, “train” and “train operator”. |
Section 44 (Bail hearings for detained persons) | For “Secretary of State” (each place), substitute “Lieutenant Governor”. For subsection (4), substitute—
For subsection (5), substitute—
For subsection (8), substitute—
For subsection (12), substitute—
Omit subsections (13), (14) and (15). |
Section 46 (general right to be released on bail) | For “United Kingdom” (each place), substitute “Bailiwick of Guernsey”. Omit subsection (4). In subsection (5), delete “or first offenders”. In subsection (8), for “Secretary of State” substitute “States” and for “order” substitute “ordinance”. |
Section 47 (powers exercisable on granting bail) | In subsection (1)(a), delete “or, in Scotland by a bail bond to be entered into”. Omit subsection (3). In subsection (4), omit “other than the Commission”. In subsection (11), for “United Kingdom” substitute “Bailiwick of Guernsey”. |
Section 48 (forfeiture) | In subsection (3) (both places), for“ a magistrates' court” substitute “the Magistrate’s Court”. In subsection (3)(a) omit “which is”. Omit subsection (3)(b) and its preceding conjunction “and”. In subsection (4), for “Lord Chancellor” substitute “States Treasury”. Omit subsections (5) and (7). |
Section 49 (forfeiture of securities) | In subsection (4), for “Lord Chancellor” substitute “States Treasury”. In subsection (7)(b) for “Secretary of State” substitute “Board”. Omit subsection (8). |
Section 50 (power of arrest) | For “constable” wherever it appears, substitute “police officer”. In subsection (4)(a) and (5), for “a Justice of the Peace” substitute the “Bailiff”. Omit subsections (4)(b) and (c). Omit subsection (7). In subsection (8)(a) omit “neither subsection (6) nor subsection (7) applies to him; or”. For subsections (9) and (10), substitute—
In subsection (11) omit “(7) or”. |
Section 54 (extension of right to apply for bail in deportation cases) | Omit subsection (4). |
Section 128 (arrest without warrant) (inserting section 28A into the 1971 Act) | In the inserted section 28A,
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Section 129 (search and arrest by warrant) (inserting section 28B into the 1971 Act) | In the inserted section 28B,
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Section 130 (search and arrest without warrant) (inserting section 28C into the 1971 Act) | In the inserted subsections (1) and (4), after “immigration officer” (both places), insert or “police officer”. |
Section 131 (entry and search of premises) (inserting section 28D into the 1971 Act) | In the inserted section 28D(1),
Omit the inserted subsections (5), (6) and (7) of section 28D. |
Section 132 (entry and search of premises following arrest) (inserting section 28E and paragraph 25A of Schedule 2 into the 1971 Act) | In subsection (1), in the inserted section 28E(2), after “immigration officer” insert “or a police officer”. In subsection (2), in the inserted paragraph 25A of Schedule 2 to the 1971 Act,
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Section 133 (entry and search of premises following arrest under section 25(1) of the 1971 Act) (inserting section 28F into the 1971 Act) | In the inserted section 28F(1), after “immigration officer” insert “or police officer”. |
Section 134 (searching arrested persons) (inserting section 28G and paragraph 25B of Schedule 2 into the 1971 Act) | In subsection (1), in the inserted section 28G(2), after “immigration officer”, insert “or a police officer”. In subsection (2), in the inserted paragraph 25B(3)(b)(ii) of Schedule 2 to the 1971 Act, for “United Kingdom” substitute “Bailiwick of Guernsey”. |
Section 135 (searching persons in custody) (inserting section 28H and paragraph 25C of Schedule 2 into the 1971 Act) | In subsection (1), in the inserted section 28H,
In subsection (2), in the inserted paragraph 25C(2)(b)(ii), for “United Kingdom” substitute “Bailiwick of Guernsey”. |
Section 136 (access and copying) (inserting section 28I and paragraph 25D of Schedule 2 into the 1971 Act) | In subsection (1), in the inserted section 28I(2)(b) and (4)(a)(ii), for “constable” (both places), substitute “police officer”. In subsection (2), in the inserted paragraph 25D(3) of Schedule 2 to the 1971 Act, after “immigration officer” insert “or police officer”. |
Section 137 (search warrants: safeguards) (inserting section 28J into the 1971 Act) | In the inserted section 28J,
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Section 138 (execution of warrants) (inserting section 28K into the 1971 Act) | In the inserted section 28K,
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Section 139 (interpretation) (inserting section 28L and paragraph 25E of Schedule 2 into the 1971 Act) | For the inserted section 28L, substitute—
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Section 140 (detention of persons liable to examination or removal) | In subsection (2), at each place where “constable” appears, substitute “police officer”. |
Section 141 (fingerprinting) | In subsection (4), for “Secretary of State” substitute “Board”. In subsection (5), for “constable” substitute “police officer”, for “Secretary of State” substitute “Board” and omit subsection (5)(e). Omit subsection (6). In subsection (7), at each place where “United Kingdom” appears, substitute “Bailiwick of Guernsey”, and at each place where “Secretary of State” appears, substitute “Lieutenant Governor”. In subsection (9), for “United Kingdom” (both places), substitute “Bailiwick of Guernsey”. In subsection (12),
In subsection (14)(b), for “United Kingdom” (both places), substitute “Bailiwick of Guernsey”. For subsection (15), substitute—
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Section 142 (attendance for fingerprinting) | In subsection (1), for “Secretary of State” substitute “Lieutenant Governor”. In subsection (3), for “constable” substitute “police officer”. |
Section 143 (destruction of fingerprints) | At each place where “United Kingdom” appears, substitute “Bailiwick of Guernsey”. In subsections (5), (11) and (12), for “Secretary of State” (each place), substitute “Lieutenant Governor”. In subsection (15), for “Secretary of State may specify by order” substitute “Lieutenant Governor may specify”. |
Section 144 (other methods of collecting data about physical characteristics) | For “Secretary of State may make regulations” substitute “Lieutenant Governor may give directions”. |
Section 146 (use of force) | In subsection (2), for “regulations” substitute “directions”. |
Section 167 (interpretation) | In subsection (1),
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Section 169 (minor, consequential amendments etc) | |
Section 170 (short title, etc) | For subsections (2) to (7), substitute—
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Schedule 1 (Sale of Transporters) | For the references to “Secretary of State” (each place), substitute “Board”. Omit paragraphs 5(2)(b) and (c). |
Schedule 14 (Consequential Amendments), paragraphs 43 to 46, 50 to 52, 54, 56 to 62, 64 68, 83, 85, 86, 108, 109 and 114. | In paragraph 44(2), in the substituted section 3(5) of the Immigration Act 19718, for “United Kingdom” substitute “Bailiwick of Guernsey” and for “Secretary of State” substitute “Lieutenant Governor”. Omit sub-paragraphs (3) and (4)(b) of paragraph 54. In paragraph 56, for “United Kingdom” substitute “Bailiwick of Guernsey”. In paragraph 57, in the inserted paragraph 2A of Schedule 2 to the 1971 Act,
In paragraph 59, in the substituted paragraph 7 of Schedule 2 to the 1971 Act, for “United Kingdom” (each place), substitute “Bailiwick of Guernsey”. In paragraph 62, amending paragraph 21 of Schedule 2 to the 1971 Act,
In paragraph 64,
For paragraph 114, amending Schedule 2 to the Asylum and Immigration Act 1996, substitute—
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Schedule 15 (Transitional Provisions and Savings), paragraph 1. | In sub-paragraphs (1) and (2) of paragraph 1, for “An order made” (both places), substitute “Directions given”. |
Schedule 16 (Repeals) | The following entries only—
“In section 24, subsections (1)(aa) and (2). Section 25(3). In Schedule 2, in paragraph 21(4)(a) “under paragraph 2 above”, in paragraph 26(1) “and have not been given leave”; |