The Immigration (Guernsey) Order 2020

• Citation: S.I. 2020/1560
• Sections: 8

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Immigration (Guernsey) Order 2020 and comes into force on the day specified by regulations made by the States of Guernsey Committee for Home Affairs; and different dates may be specified for different provisions and for different purposes.

(2) In this Order—

“the 1971 Act” means the Immigration Act 1971,

“the 1999 Act” means the Immigration and Asylum Act 1999,

“the 2002 Act” means the Nationality, Immigration and Asylum Act 2002,

“the 2007 Act” means the UK Borders Act 2007,

“the 2014 Act” means the Immigration Act 2014,

“the 2020 Act” means the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020,

“Guernsey” means the Bailiwick of Guernsey, and

“relevant Act” means the 1971 Act, the 1999 Act, the 2002 Act, the 2007 Act, the 2014 Act or the 2020 Act.

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

Section 2 Extension of the 1999 Act to Guernsey

(1) Each provision of the 1999 Act specified in column 1 of Schedule 1 to this Order is extended to Guernsey with the modifications (if any) specified in column 2 of the schedule.

(2) A reference to a provision of the 1999 Act in column 1 is a reference to the provision as amended, substituted or inserted, as the case may be, by the other provisions specified in that column.

(3) Schedule 1A to this Order sets out the provisions of the 1999 Act as extended to Guernsey.

Section 3 Extension of the 2002 Act to Guernsey

(1) Each provision of the 2002 Act specified in column 1 of Schedule 2 to this Order is extended to Guernsey with the modifications (if any) specified in column 2 of the schedule.

(2) A reference to a provision of the 2002 Act in column 1 is a reference to the provision as amended, substituted or inserted, as the case may be, by the other provisions specified in that column.

(3) Schedule 2A to this Order sets out the provisions of the 2002 Act as extended to Guernsey.

Section 4 Extension of the 2007 Act to Guernsey

(1) Each provision of the 2007 Act specified in column 1 of Schedule 3 to this Order is extended to Guernsey with the modifications (if any) specified in column 2 of the schedule.

(2) A reference to a provision of the 2007 Act in column 1 is a reference to the provision as amended, substituted or inserted, as the case may be, by the other provisions specified in that column.

(3) Schedule 3A to this Order sets out the provisions of the 2007 Act as extended to Guernsey.

Section 5 Extension of the 2014 Act to Guernsey

(1) Each provision of the 2014 Act specified in column 1 of Schedule 4 to this Order is extended to Guernsey with the modifications (if any) specified in column 2 of the schedule.

(2) A reference to a provision of the 2014 Act in column 1 is a reference to the provision as amended, substituted or inserted, as the case may be, by the other provisions specified in that column.

(3) Schedule 4A to this Order sets out the provisions of the 2014 Act as extended to Guernsey.

Section 6 Extension of the 2020 Act to Guernsey

(1) Each provision of the 2020 Act specified in column 1 of Schedule 5 to this Order is extended to Guernsey with the modifications (if any) specified in column 2 of the schedule.

(2) Schedule 5A to this Order sets out the provisions of the 2020 Act as extended to Guernsey.

Section 7 Amendments to the Immigration (Guernsey) Order 1993

In Part III of Schedule 1 to the Immigration (Guernsey) Order 1993 , omit paragraph (2).

Section 8 Amendments to the Immigration and Asylum Act 1999 (Guernsey) Order 2003

In the Schedule to the Immigration and Asylum Act 1999 (Guernsey) Order 2003 –

(a) in the entry relating to section 141 (fingerprinting) of the 1999 Act, in the right-hand column, for the paragraph relating to subsection (5) of that section, for “omit subsection (5)(e)”, substitute “for paragraph (e), substitute the following paragraph –

(e) any person who is an authorised person within the meaning of this subsection as it has effect in the United Kingdom.

(b) omit the entries relating to section 144 (other methods of collecting data about physical characteristics) and section 146 (use of force) of the 1999 Act, and

(c) in the entry relating to section 167 (interpretation) of the 1999 Act, in the right-hand column, in the entry relating to subsection (1) of that section –

(i) in paragraph (b), after ““the Commission””, insert “,“the Immigration Acts””, and

(ii) omit paragraph (e).