The Immigration and Asylum Act 1999 (Jersey) Order 2003

• Citation: S.I. 2003/1252
• Sections: 5

Section 1

(1) This Order may be cited as the Immigration and Asylum Act 1999 (Jersey) Order 2003 and shall come into force on 5th June 2003.

(2) In this Order—

“the 1971 Act ” means the Immigration Act 1971, and

“ Jersey ” means the Bailiwick of Jersey.

(3) For the purposes of construing provisions of the 1971 Act as part of the law of Jersey, any reference to an enactment which extends to Jersey shall be construed as a reference to that enactment as it has effect in Jersey.

Section 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 Jersey 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.

Section 3

The Immigration (Jersey) Order 1993 shall be varied as follows—

(a) at the end of article 4(1), insert “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.”;

(b) for the modification of “Committee” made by paragraph 18(a)(i) of Schedule 1 to that Order, substitute—

“Committee” means the Home Affairs Committee of the States

Section 6

In the 1971 Act, in section 8 (exceptions for certain categories of person) —

(a) in subsection (3), for the words “Diplomatic Privileges Act 1964” substitute “Privileges and Immunities (Diplomatic, Consular, etc ) (Jersey) Law 1998” and omit the words “by that Act”;

(b) for subsection (3A) (Members of Diplomatic Missions), substitute—

(3A) For the purposes of subsection (3) a member of a mission other than a diplomatic agent (as defined by the 1998 Law) is not to count as a member of a mission unless—

(a) he was resident outside the Bailiwick of Jersey, and was not in the Bailiwick of Jersey, when he was offered a post as such a member; and

(b) he has not ceased to be such a member after having taken up the post.

Section 28L

(1) In this Part, “premises” includes any place and, in particular, includes—

(a) any vehicle, vessel, aircraft or hovercraft; and

(b) any tent or movable structure.

(2) In this Part, subject to subsection (3) below, “items subject to legal privilege” means—

(a) communications between a professional legal adviser and his client or any person representing his client made in connection with the giving of legal advice to the client;

(b) communications between a professional legal adviser and his client or any person representing his client or between such an adviser or his client or any such representative and any other person made in connection with or in contemplation of legal proceedings and for the purposes of such proceedings; and

(c) items enclosed with or referred to in such communications and made—

(i) in connection with the giving of legal advice; or

(ii) in connection with or in contemplation of legal proceeding and for the purposes of such proceedings,

when they are in the possession of a person who is entitled to possession of them.

(3) Items held with the intention of furthering a criminal purpose are not items subject to legal privilege.