The Immigration (Jersey) Order 2012

Section 31

(provision of information to immigration officers)5

(amending paragraphs 27 and 27B of Schedule 2 to and section 27 of the 1971 Act)

1. a

   for “United Kingdom” in each place it occurs, substitute “Bailiwick of Jersey”;

2. b

   in subsection (2)—

   1. i

      in the substituted subparagraph (2), for “Secretary of State may by order require” substitute “Lieutenant-Governor may by directions require”;

   2. ii

      in the substituted subparagraphs (3) and (5), for “An order” substitute “Directions”;

   3. iii

      at the end of the substituted subparagraph (5)(b), insert “and”;

   4. iv

      for the substituted subparagraph 5(c), substitute “may require information to be provided to the immigration officer or as the immigration officer directs.”; and

   5. v

      omit the substituted subparagraph (5)(d); and

3. c

   in subsection (3), in the inserted subparagraph (9A) after the word “specified” insert “by the Lieutenant-Governor”.

Section 32

(passenger and crew information: police powers)

1. a

   for “United Kingdom”, in each place it occurs, substitute “Bailiwick of Jersey”;

2. b

   in subsection (2), for “constable of the rank of superintendent or above” substitute “police officer of the rank of chief inspector or above”;

3. c

   for subsection (4), substitute—

   4

   A police officer may impose a requirement under subsection (2) only if he thinks it necessary for police purposes.

4. d

   in subsection (5)(a), for “by order of the Secretary of State” substitute “by Order of the Minster for Home Affairs”;

5. e

   for subsection 5(b), substitute—

   b

   “police purposes” means any of the following—

   i

   the prevention, detection, investigation or prosecution of criminal offences;

   ii

   safeguarding national security;

   iii

   such other purposes as may be specified by Order of the Minister for Home Affairs,

6. f

   for subsection (5)(c), substitute—

   c

   “police officer” means a member of the States of Jersey Police Force, and

   d

   “ship” includes—

   i

   every description of vessel used in navigation, and

   ii

   hovercraft.

7. g

   in subsection (7)—

   1. i

      for “The Secretary of State may make an order” substitute “The Minister for Home Affairs may make an Order”; and

   2. ii

      for “(within the meaning of the Human Rights Act 1998 (c 42))” substitute “(within the meaning of the Human Rights (Jersey) Law 2000)”;

8. h

   in subsection (8)—

   1. i

      for “order” substitute “Order”;

   2. ii

      at the end of subsection 8(b), insert “and”;

   3. iii

      at the end of subsection 8(c), for “,” substitute “.”; and

   4. iv

      omit subsections (8)(d) and (e); and

9. i

   after subsection (8), insert—

   9

   The Subordinate Legislation (Jersey) Law 1960 shall apply to Orders under subsection (5).

Section 34

(Offence)

1. a

   in subsection (1), “omit or 33(2)”;

2. b

   omit subsection (2);

3. c

   in subsection (3), omit “on summary conviction”;

4. d

   in subsection (3)(a), for “not exceeding 51 weeks in England and Wales or 6 months in Scotland or Northern Ireland” substitute “not exceeding 6 months”; and

5. e

   for subsection (4) substitute—

   4

   In subsection (3) the reference to the standard scale means the standard scale for the time being in the Schedule to the Criminal Justice (Standard Scale of Fines)(Jersey) Law 1993.

Section 39

(Disclosure to law enforcement agencies)

1. a

   in subsection (1)—

   1. i

      for “A chief officer of police” substitute “The Chief Officer of the States of Jersey Police Force”; and

   2. ii

      omit “or 33”; and

   3. iii

      for paragraph (a), substitute—

      a

      a police force in the United Kingdom;

2. b

   in subsection (2), for “the United Kingdom”, in each place it occurs, substitute “the British Islands”; and

3. c

   omit subsection (3).