STATUTORY INSTRUMENTS 2003 No. 2900 IMMIGRATION The Immigration and Asylum Act 1999 (Guernsey) Order 2003 Made - - - - - 13th November 2003 Coming into force - - 11th December 2003 At the Court at Buckingham Palace, the 13th day of November 2003 Present, The Queen’s Most Excellent Majesty in Council Her Majesty, in exercise of the powers conferred upon her by section 170(7) of the Immigration and Asylum Act 1999(a), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: 1.—(1) This Order may be cited as the Immigration and Asylum Act 1999 (Guernsey) Order 2003 and shall come into force on 11th December 2003. (2) In this Order— “the 1971 Act” means the Immigration Act 1971(b); and “Guernsey” means the Bailiwick of Guernsey. (3) For the purposes of construing provisions of the 1971 Act as part of the law of Guernsey, any reference to an enactment which extends to Guernsey shall be construed as a reference to that enactment as it has eVect in Guernsey. 2. The provisions of the Immigration and Asylum Act 1999 which are specified in the left- hand column of the Schedule to this Order shall extend to Guernsey subject to the modifications specified in relation to those provisions in the right-hand column of that Schedule, being such modifications as appear to Her Majesty to be appropriate. 3. The Immigration (Guernsey) Order 1993(c) shall be varied by inserting at the end of article 4(1), “and section 20(2) of the Interpretation Act 1978 shall apply for the interpretation of this Order as it applies for the interpretation of an Act of Parliament”. A. K. Galloway Clerk of the Privy Council (a) 1999 c. 33. (b) 1971 c. 77. (c) S.I. 1993/1796. 1 SCHEDULE Article 2 Extension and modification of provisions of the Immigration and Asylum Act 1999 to Guernsey Provisions Modifications Section 1 (leave to enter) (inserting section 3A In the inserted section 3A, into the 1971 Act) (a) at each place where “United Kingdom” appears, substitute “Bailiwick of Guernsey”; (b) in subsection (1), for “Secretary of State may by order make further provision” substitute “Lieutenant Governor may give directions”; (c) in subsection (2), for “an order” substitute “directions”; (d) in subsection (3) for “Secretary of State may by order provide” substitute “Lieutenant Governor may give directions”; (e) in subsection (4), for “An order” substitute “Directions” and for “Secretary of State” substitute “Lieutenant Governor”; (f) in subsection (6), for “an order made” substitute “directions given”; (g) in subsection (7), for Secretary of State” substitute “Lieutenant Governor” and for “an order made” substitute “directions given”; (h) in subsection (8), for “An order” substitute “Directions”, for “the order” (both places) substitute “the directions” and for “Secretary of State” (both places) substitute “Lieutenant Governor”; (i) in subsection (10), for “An order” substitute “Directions” and for “Secretary of State” substitute “Lieutenant Governor”; (j) in subsection (11), for “order made” substitute “directions given”; (k) omit subsections (12) and (13). Section 2 (leave to remain) In the inserted section 3B, (inserting section 3B into the 1971 Act) (a) in subsection (1), for “Secretary of State may by order make further provision” substitute “Lieutenant Governor may give directions” and for “United Kingdom” substitute “Bailiwick of Guernsey”; (b) in subsection (2) for “An order” substitute “Directions” and for “United Kingdom” substitute “Bailiwick of Guernsey”; (c) in subsection (3), for “An order” substitute “Directions” and for “Secretary of State” substitute “Lieutenant Governor”; (d) in subsection (4), for “order made” substitute “directions given”; (e) omit subsections (5) and (6). Section 3 (continuation of leave pending In the inserted section 3C, decision) (inserting section 3C into the 1971 (a) for “United Kingdom”, in each place Act) substitute “Bailiwick of Guernsey”; (b) in subsection (1)(a) for “Secretary of State” substitute “Lieutenant Governor”; (c) omit subsection (2). 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”. 2 Provisions Modifications 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 For section 6, in the substituted subsection diplomatic agents) (3A), after “United Kingdom” (both places) insert “and the Bailiwick of Guernsey”. Section 7 (persons ceasing to be exempt) In the inserted sections 8A(2) and (3), for (inserting section 8A into the 1971 Act) “United Kingdom” (in each place) substitute “Bailiwick of Guernsey”. Section 8 (persons excluded from the United In the inserted section 8B, Kingdom under international obligations) (a) in subsections (1) and (2), for “United (inserting section 8B into the 1971 Act) Kingdom” (each place) substitute “Bailiwick of Guernsey”; (b) in subsection (5), for “Secretary of State” substitute “Board”; and (c) omit subsections (7) and (8). Section 10 (removal of certain persons At each place where “United Kingdom” unlawfully in the 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 In subsection (1)(a), for “United Kingdom” removed or deported) 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 At each place where “United Kingdom” the United Kingdom under directions) appears, substitute “Bailiwick of Guernsey”. At each place where “Secretary of State” appears, substitute “Board”. Section 15 (protection of claimants from In subsection (1), for “Secretary of State” removal or deportation) substitute “Lieutenant Governor” and for “United Kingdom” substitute “Bailiwick of Guernsey”. Omit subsection (4). Section 18 (passenger information) (inserting In the inserted paragraph 27B, paragraph 27B into Schedule 2 to the 1971 Act) (a) at each place where “United Kingdom” appears, substitute “Bailiwick of Guernsey”; (b) in sub-paragraph (8)(a), for “Secretary of State” substitute “Lieutenant Governor”; (c) in sub-paragraph (9), after “specified” insert “by the Lieutenant Governor”; (d) omit sub-paragraphs (10) and (11). Section 19 (notification of non-EEA arrivals) At each place where “United Kingdom” (inserting paragraph 27C into Schedule 2 to the appears in the inserted paragraph 27C, 1971 Act) substitute “Bailiwick of Guernsey”. Section 25 (immigration control: facilities and At each place where “Secretary of State” charges) 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”. 3 Provisions Modifications Section 28 (deception) (inserting section 24A In the inserted section 24A, into the 1971 Act) (a) at each place where “United Kingdom” appears, substitute “Bailiwick of Guernsey”; (b) in subsection (3)(a), for the words “statutory maximum” substitute “level 5 on the Uniform Scale”; (c) omit subsection (4). Section 29 (facilitation of entry) (amending In the inserted section 25(1D), after section 25 of the 1971 Act(a)) “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 In subsection (3), omit the inserted section 26 section 26 of the 1971 Act(b)) (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 At each place where “United Kingdom” the Refugee Convention) appears, substitute “Bailiwick of Guernsey”. For subsections (3) and (4) substitute— “(3) The oVences to which this section applies are those— (a) of fraud, (b) of uttering a forged document, (c) under section 24A of the 1971 Act (deception), or (d) under section 26(1)(d) of the 1971 Act (falsification of documents), and any attempt to commit any of those oVences.”. In subsection (7), for “Secretary of State” substitute “Lieutenant Governor”. Omit subsections (8) and (9). For subsections (10) and (11), substitute— “(10) The States may by Ordinance amend subsection (3) by adding oVences to those for the time being listed there.”. Section 32 (penalty for carrying clandestine At each place where “United Kingdom” entrants) 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— “(2) Before issuing the code, the Board must consult such persons