The Immigration (Jersey) Order 2016

67AFees (the Minister)

1

The Minister may by Order provide for fees to be charged in respect of the exercise of any function in connection with immigration or nationality exercised by –

a

the Lieutenant-Governor;

b

a Minister (within the meaning of Article 1(1) of the States of Jersey Law 2005);

c

an immigration officer or any other States’ employee within the meaning of the Employment of States of Jersey Employees (Jersey) Law 2005,

other than a function exercised by the Lieutenant-Governor under arrangements made with the Secretary of State under section 43 of the British Nationality Act 1981.

2

An Order under subsection (1) may not provide for a fee to be charged in respect of the exercise of a function otherwise than in connection with an application or claim, or on request.

3

An Order under subsection (1) may set fees—

a

of a fixed amount; or

b

of an amount calculated by reference to an hourly rate or other factor.

4

In respect of any fee set by an Order under subsection (1), the Order may—

a

provide for exceptions;

b

provide for the reduction, waiver or refund of part or all of a fee (whether by conferring a discretion or otherwise);

c

make provision about—

i

the consequences of failure to pay a fee;

ii

enforcement;

iii

when a fee may or must be paid.

5

This section is without prejudice to any other power to charge a fee.

6

The Subordinate Legislation (Jersey) Law 1960 shall apply to Orders made under this section.

7

In this section and sections 67B and 67C —

• “enactment” includes an enactment of the United Kingdom having effect in Jersey;

• “function” includes a power or a duty;

• “function in connection with immigration or nationality” includes a function in connection with an enactment that relates wholly or partly to immigration or nationality;

• “Jersey” means the Bailiwick of Jersey;

• “Minister” means Minister for Home Affairs.

8

Any reference in this section and in section 67C to the exercise of a function includes a reference to its exercise in particular circumstances, including its exercise—

a

at particular times or in a particular place;

b

under particular arrangements;

c

otherwise in particular ways,

and, for this purpose, “arrangements” includes arrangements for the convenience of applicants, claimants or persons making requests for the exercise of a function.

67BFees orders (the Minister): supplemental

1

A fee under section 67A may relate to something done outside Jersey.

2

Fees payable by virtue of section 67A may be recovered as a debt due to the Minister.

3

Fees charged under an Order made under section 67A shall form part of the annual income of the States.

67CPower to charge fees for attendance services in particular cases

1

This section applies where a person exercises a function in connection with immigration or nationality in respect of which a fee is chargeable by virtue of an Order made under section 67A (a “chargeable function”) in a particular case and—

a

in doing so attends at a place outside Jersey, and time, agreed with a person (“the client”); and

b

does so at the request of the client.

It is immaterial whether or not the client is a person in respect of whom the chargeable function is exercised.

2

In this section “attendance service” means the service described in subsection (1) except so far as it consists of the exercise of a chargeable function.

3

The following are to be disregarded in determining whether a fee is chargeable in respect of a function by virtue of an Order made under section 67A—

a

any exception provided for by the Order;

b

any power so provided to waive or refund a fee.

4

The person exercising the chargeable function may charge the client such fee for the purposes of recovering the costs of providing the attendance service as the person may determine.

5

Fees payable by virtue of subsection (4) may be recovered as a debt due to the States.

6

Fees charged under subsection (4) shall form part of the annual income of the States.

7

This section is without prejudice to section 67A or any other power to charge a fee.