5.—(1) The States may make Regulations–
(a) requiring a person subject to immigration control to apply for the issue of a document recording biometric information (a “biometric immigration document”);
(b) requiring a biometric immigration document to be used–
(i) for specified immigration purposes,
(ii) in connection with specified immigration procedures, or
(iii) in specified circumstances, where a question arises about a person’s status in relation to nationality or immigration;
(c) requiring a person who produces a biometric immigration document by virtue of paragraph (b) to provide information for comparison with information provided in connection with the application for the document.
(2) Regulations under subsection (1)(a) may, in particular–
(a) apply generally or only to a specified class of persons subject to immigration control (for example, persons making or seeking to make a specified kind of application for immigration purposes);
(b) specify the period within which an application for a biometric immigration document must be made;
(c) make provision about the issue of biometric immigration documents;
(d) make provision about the content of biometric immigration documents (which may include non-biometric information);
(e) make provision permitting a biometric immigration document to be combined with another document;
(f) make provision for biometric immigration documents to begin to have effect, and cease to have effect, in accordance with the Regulations;
(g) require a person who acquires a biometric immigration document, without the consent of the person to whom it relates or of the Minister, to surrender it to the Minister as soon as is reasonably practicable;
(h) permit the Minister to require the surrender of a biometric immigration document in other specified circumstances;
(i) permit the Minister on issuing a biometric immigration document to require the surrender of other documents connected with immigration or nationality.
(3) Regulations under subsection (1)(a) may permit the Minister to cancel a biometric immigration document–
(a) if the Minister thinks that information provided in connection with the document was or has become false, misleading or incomplete,
(b) if the Minister thinks that the document has been lost or stolen,
(c) if the Minister thinks that the document (including any information recorded in it) has been altered, damaged or destroyed (whether deliberately or not),
(d) if the Minister thinks that an attempt has been made (whether successfully or not) to copy the document or to do anything to enable it to be copied,
(e) if the Minister thinks that a person has failed to surrender the document in accordance with subsection (2)(g) or (h),
(f) if the Minister thinks that the document should be re-issued (whether because the information recorded in it requires alteration or for any other reason),
(g) if the Minister thinks that the holder is to be given leave to enter or remain in Jersey,
(h) if the Minister thinks that the holder’s leave to enter or remain in Jersey is to be varied, cancelled or invalidated or to lapse,
(i) if the Minister thinks that the holder has died,
(j) if the Minister thinks that the holder has been removed from Jersey (whether by deportation or otherwise),
(k) if the Minister thinks that the holder has left Jersey without retaining leave to enter or remain, and
(l) in such other circumstances as the Regulations may specify.
(4) Regulations under subsection (1)(a) may require notification to be given to the Minister by the holder of a biometric immigration document–
(a) who knows or suspects that the document has been lost or stolen,
(b) who knows or suspects that the document has been altered or damaged (whether deliberately or not),
(c) who knows or suspects that information provided in connection with the document was or has become false, misleading or incomplete,
(d) who was given leave to enter or remain in Jersey in accordance with a provision of rules under section 3 of the Immigration Act 1971 (immigration rules) and knows or suspects that owing to a change of the holder’s circumstances the holder would no longer qualify for leave under that provision, or
(e) in such other circumstances as the Regulations may specify.
(5) Regulations under subsection (1)(a) may require a person applying for the issue of a biometric immigration document to provide information (which may include biographical or other non-biometric information) to be recorded in it or retained by the Minister; and, in particular, the Regulations may–
(a) require, or permit an authorised person to require, the provision of information in a specified form;
(b) require an individual to submit, or permit an authorised person to require an individual to submit, to a specified process by means of which biometric information is obtained or recorded;
(c) confer a function (which may include the exercise of a discretion) on an authorised person;
(d) permit the Minister, instead of requiring the provision of information, to use or retain information which is (for whatever reason) already in the Minister’s possession.
(6) Regulations under subsection (1)(b) may, in particular, require the production or other use of a biometric immigration document that is combined with another document.
(7) Regulations under subsection (1)(b) may not make provision the effect of which would be to require a person to carry a biometric immigration document at all times.
(8) Regulations under subsection (1)(c) may, in particular, make provision of a kind specified in subsection (5)(a) or (b).
(9) Rules under section 3 of the Immigration Act 1971 may require a person applying for the issue of a biometric immigration document to provide non-biometric information to be recorded in it or retained by the Minister.
(10) Subsections (5) to (9) are without prejudice to the generality of section 50 of the Immigration, Asylum and Nationality Act 2006 (procedure).
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