The Immigration and Asylum Act 1999 (Guernsey)Order 2003

• Citation: S.I. 2003/2900
• Sections: 4

Section 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 ; 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 effect in Guernsey.

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 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.

Section 3

The Immigration (Guernsey) Order 1993 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”.

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 moveable 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 proceedings 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.