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The Immigration (Commencement) (Jersey) Order 2022: drafting instructions

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A decision made on 1 April 2022

Decision Reference:  MD-HA-2022-222

Public

Subject: Request for drafting - The Immigration (Commencement)(Jersey) Order 2022

 

Report Title: The Immigration (Commencement) (Jersey) Order 2022 (the “Commencement Order”)

Public

Decision(s):

The Minister asked the Acting Director Immigration and Nationality to instruct the Principal Legislative Drafter to prepare an Order (the “Commencement Order”) pursuant to article 1(1) of the Immigration (Jersey) Order 2021 (the “2021 Order in Council”) to bring into force the 2021 Order in Council on 12th April 2022.

Reason for Decision(s):

The 2021 Order in Council was registered by the Royal Court on 10th December 2021, having been approved by the States of Jersey under Article 31 of the States of Jersey Law 2005 on 30th June 2021 (see Proposition (P.44/2021)) and made by Her Majesty in Council on 10th November 2021. The purpose of the Commencement Order was to bring the 2021 Order in Council into force on 12th April 2022. The 2021 Order in Council revoked and replaced the Immigration (Jersey) Order 1993  and other later Orders in Council which together had extended various provisions of the Immigration Acts of the United Kingdom to Jersey with modifications. Upon commencement the 2021 Order in Council would also extend certain provisions of the Immigration Acts which had not been previously extended.

Resource Implications: None as a consequence of this decision.

 

Action Required: The Acting Director Immigration and Nationality to instruct the Principal Legislative Drafter to prepare the required Commencement Order.

Signature:

 

 

Signed By: Minister for Home Affairs

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

The Immigration (Commencement) (Jersey) Order 2022: drafting instructions

 

 

 

Justice and

Home Affairs

 

Customs and Immigration Service

 

Report

 

 

To:   Minister for Home Affairs

 

Submitted By:  Acting Director  

Immigration and Nationality

 

Date:   24 March 2022

 

 

The Immigration (Commencement)(Jersey) Order 2022 (the “Commencement Order”)

 

___________________________________________________________________

 

Article 1(1) of the Immigration (Jersey) Order 2021 (the “2021 Order in Council”) provides that the 2021 Order in Council “comes into force on such day or days (after th[e] Order has been registered by the Royal Court…) as the Minister may by Order appoint, and different days may be appointed for different provisions and for different purposes”.  This is principally because the new Immigration Rules under the Order in Council need to take effect in tandem with the Order in Council, and a specific date has to be appointed for that to happen.

 

The 2021 Order in Council was registered by the Royal Court on 10 December 2021, having been approved by the States of Jersey under Article 31 of the States of Jersey Law 2005 on 30 June 2021 (see Proposition  (P.44/2021)) and made by Her Majesty in Council on 10 November 2021.

 

The 2021 Order in Council did not come into force upon the registration by the Royal Court. This is because the new Immigration Rules under the 2021 Order in Council needed to be updated to reflect the effect of the provisions within the 2021 Order in Council so that the updated Immigration Rules could be issued and take effect in tandem with the 2021 Order in Council at a specified date appointed for that to happen.

 

The purpose of the Commencement Order is to bring the 2021 Order in Council into force on 12 April 2022. The 2021 Order in Council,

(a)     revokes and replace the Immigration (Jersey) Order 1993 (“1993 Order in Council”) and other later Orders in Council which together had extended various provisions of the Immigration Acts of the United Kingdom to Jersey with modifications;

(b)     extends in appropriately modified form such provision of the Immigration Acts as require extension, but have yet to be extended; and

(c)      changes the way in which the Immigration Acts, as extended, are presented in the consolidated 2021 Order in Council so the content is more accessible to the public.

 

 

The proposed date for the coming into force of the 2021 Order in Council is 12 April 2022.

 

Recommendation

 

It is recommended that the Minister for Home Affairs request that drafting be undertaken to prepare the Commencement Order pursuant to Article 1(1) of the 2021 Order in Council so that the Minister for Home Affairs can make the Commencement Order to bring into force the 2021 Order in Council on 12 April 2022.

 

 

 

 

 

 

Acting Director

Immigration and Nationality

Official

1

 

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