United Kingdom Statutory Instruments

(a) at each place where "United Kingdom" appears, substitute "Bailiwick of Jersey";

(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).

(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 Jersey";

(b) in subsection (2) for "An order" substitute "Directions" and for "United Kingdom" substitute "Bailiwick of Jersey";

(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).

(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."."

(a) in subsections (1) and (2), for "United Kingdom" (each place) substitute "Bailiwick of Jersey";

(b) in subsection (5), for "Secretary of State" substitute "Committee"; and

(c) omit subsections (7) and (8).

(a) at each place where "United Kingdom" appears, substitute "Bailiwick of Jersey";

(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).

(a) at each place where "United Kingdom" appears, substitute "Bailiwick of Jersey";

(b) for subsection (3) substitute - 

    " (3) A person guilty of an offence under this section is liable on conviction to imprisonment for a term not exceeding two years or to a fine, or to both";

(c) omit subsection (4).

(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 offences.".

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 Regulations amend subsection (3) by adding offences to those for the time being listed there.".

(a) at each place where "constable" appears, substitute "police officer";

(b) omit subsection (5);

(c) for subsection (6) substitute - 

    " (6) "Court" means - 

(a) if the arrested person, has not been charged, the Magistrate's Court;

(b) if he has been charged, but proceedings for the offence have not begun to be heard, the Magistrate's Court;

(c) if he has been charged and proceedings for the offence are being heard, the court hearing the proceedings.".

(a) in subsection (1), for "constable" substitute "police officer";

(b) in subsections (3), (4) and (5), after "immigration officer" insert "or police officer";

(c) in subsection (7), omit "(or, in Scotland, a copy complaint)";

(d) omit subsection (11).

(a) in subsection (1) for "a justice of the peace" substitute "the Bailiff";

(b) in subsection (2), for "justice" substitute "Bailiff" and for "constable" substitute "police officer";

(c) omit subsections (3) and (4).

(a) for "immigration officer, a justice of the peace" substitute "immigration officer or a police officer, the Bailiff";

(b) in paragraph (d), omit the words "excluded material or special procedure material,"; and

(c) for "immigration officer to enter" substitute "immigration officer or a police officer to enter".

Omit the inserted subsections (5), (6) and (7).

(a) in paragraph 25A(1)(b), for "constable" substitute "police officer"; and

(b) in paragraph 25A(9)(b), for "United Kingdom" substitute "Bailiwick of Jersey".

(a) for the inserted section 28H(10) substitute - 

    " (10) "Custody officer" means the officer in charge of a police station.";

(b) for the inserted section 28H(11) substitute - 

    " (11) "Intimate search" means a search which consists of the physical examination of a person's body orifices other than the mouth.";

(c) for the inserted sections 28H(12) and (13) substitute - 

    " (12) A person is in police detention if - 

(a) he has been taken to a police station after being arrested for an offence or after being arrested under Article 13 of the Prevention of Terrorism (Jersey) Law 1996, or under paragraph 6 of the Fifth Schedule to that Law by an examining officer who is a police officer, or

(b) he is arrested at a police station after attending voluntarily at the station or accompanying a police officer to it,

and is detained there or is detained elsewhere in the charge of a police officer, but is not in police detention if he is in court after being charged.".

In subsection (2), in the inserted paragraph 25C(2)(b)(ii), for "United Kingdom" substitute "Bailiwick of Jersey".

(a) for subsections (3) and (4) substitute - 

    " (3) An application for a warrant is to be made ex parte and supported by an information in writing."; and

(b) in the inserted 28J(5), for "justice of the peace or sheriff" substitute "Bailiff when".

(a) in subsection (9), for the words after "returned" to the end, substitute "to the Bailiff's Secretary";

(b) in subsection (10), for "subsection (9)(a)" substitute "subsection (9)"; and for "justices' chief executive" substitute "Bailiff's Secretary"; and

(c) omit subsections (11) and (12).

(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.".

(a) in paragraph (a), for "constable" substitute "police officer", and for "chief constable of his police force" substitute "the Chief Officer of the States of Jersey Police Force";

(b) in paragraph (d), for "Secretary of State" (both places), substitute "Committee".

In subsection (14)(b), for "United Kingdom" (both places), substitute "Bailiwick of Jersery".

For subsection (15), substitute - 

    " (15) "Claim for asylum" means a claim that it would be contrary to the United Kingdom's obligations in respect of the Bailiwick of Jersey under the Refugee Convention or under Article 3 of the Human Rights Convention for the claimant to be removed from, or required to leave, the Bailiwick of Jersey.".

(a) at the end of the entry relating to the "1971 Act", insert "as extended to the Bailiwick of Jersey by the Immigration (Jersey) Order 1993, the Asylum and Immigration Act 1996 (Jersey) Order 1998 and the Immigration and Asylum Act 1999 (Jersey) Order 2003";

(b) omit the entries relating to "adjudicator", "Chief Adjudicator", "the Commission" and "voluntary organisations";

(c) for the entry relating to "claim for asylum", substitute - 

" "claim for asylum" (except in section 5 and section 141) means a claim that it would be contrary to the United Kingdom's obligations in respect of the Bailiwick of Jersey under the Refugee Convention for the claimant to be removed from, or required to leave, the Bailiwick of Jersey,";

(d) in the entry relating to "the Human Rights Convention" for "United Kingdom" substitute "Bailiwick of Jersey";

(e) in the entry relating to "the Immigration Acts", omit paragraph (c);

(f) for the definition of "prescribed" substitute - 

" "prescribed" means prescribed by order made by the Committee;";

(g) insert at the appropriate place in alphabetical order the following entries - 

" "Attorney General" means Her Majesty's Attorney General for Jersey;"; and

" "Committee" means the Home Affairs Committee of the States of Jersey;".

In subsection (2), omit the reference to "immigration rules".

(a) in paragraph 2A(1), for "United Kingdom" substitute "Bailiwick of Jersey"; and

(b) in paragraph 2A(9), omit "and Part IV of the Immigration and Asylum Act 1999".

In paragraph 59, in the substituted paragraph 7 of Schedule 2 to the 1971 Act, for "United Kingdom" (each place), substitute "Bailiwick of Jersey".

In paragraph 62, amending paragraph 21 of Schedule 2 to the 1971 Act,

(a) in the inserted sub-paragraph (2A), for "may be prescribed by regulations made by the Secretary of State" substitute "the Lieutenant Governor may direct";

(b) in the inserted sub-paragraph (2B), for "regulations" substitute "directions" and omit (2B)(b);

(c) in the inserted sub-paragraph (2C), for "regulations" substitute "directions";

(d) for the inserted sub-paragraphs (2D) and (2E), substitute - 

    " (2D) The power to give directions conferred by this paragraph includes a power to make different provision for different cases.".

In paragraph 64,

(a) in the inserted paragraph 26(1A) of Schedule 2 to the 1971 Act, for "Secretary of State may by order prescribe" substitute "Lieutenant Governor may direct"; and

(b) omit sub-paragraph (4).

For paragraph 114, amending Schedule 2 to the Asylum and Immigration Act 1996, substitute - 

    " (14) In Schedule 2, omit sub-paragraph (2) of paragraph 1.".

(b) the entry relating to the Immigration (Carriers' Liability) Act 1987[8];

(c) the references to sections 8 and 9 in the entry relating to the Immigration Act 1988[9];

(d) the references to sections 4, 7 and to paragraph 1(2) of Schedule 2 in the entry relating to the Asylum and Immigration Act 1996.