Immigration (Biometric Registration) (Jersey) Order 2018

The Immigration (Biometric Registration) (Jersey) Order 2018 Made by Her Majesty in Council 23rd May 2018 Registered by the Royal Court 29th June 2018 In force 6th July 2018 HER MAJESTY , in exercise of the powers conferred upon Her by section 60(4) of the UK Borders Act 2007 and section 76(6) of the Immigration Act 2014, is pleased, by and with the advice of Her Privy Council, to order as follows: 1 Citation, commencement and interpretation (1) This Order may be cited as the Immigration (Biometric Registration) (Jersey) Order 2018 and comes into force on the seventh day after the day on which it is registered by the Royal Court of Jersey. (2) In this Order – “the 2007 Act” means the UK Borders Act 2007; “the 2014 Act” means the Immigration Act 2014; and “Jersey” means the Bailiwick of Jersey. (3) For the purposes of construing provisions of the 2007 Act and the 2014 Act as part of the law of Jersey, a reference to an enactment which extends to Jersey is construed as a reference to that enactment as it has effect in Jersey. 2 Extension of the 2007 Act to Jersey The following provisions of the 2007 Act shall extend to Jersey – (a) sections 5 to 15 (Biometric registration); (b) section 61(1) (Citation), subject to the modifications, if any, specified in Schedule 1 to this Order. 3 Extension of the 2014 Act to Jersey The following provisions of the 2014 Act shall extend to Jersey – (a) section 9 (Identifying persons liable to detention); (b) section 12(4) and Schedule 2 (Meaning of “biometric information”); (c) section 13 (Safeguards for children); (d) section 14 (Use and retention of biometric information); (e) section 77 (Short title), subject to the modifications, if any, specified in Schedule 2 to this Order. ceri king Deputy Clerk of the Privy Council SCHEDULE 1 (Article 2) MODIFICATIONs of sections 5, 6, 7, 9, 10, 11, 12, 13, 14 and 15 of the UK Borders Act 2007 as they extend to jersey 1 In section 5 (Registration regulations) – (a) in the heading for “regulations” substitute “Regulations”; (b) in subsection (1) – (i) for “Secretary of State” substitute “States”; (ii) for “regulations” substitute “Regulations”; (c) in subsection (2)(f) for “regulations” substitute “Regulations”; (d) in subsection (2)(g), (h) and (i) for “Secretary of State” wherever it occurs substitute “Minister”; (e) in subsection (3) – (i) for “Secretary of State” wherever it occurs substitute “Minister”; (ii) for “the United Kingdom” wherever it occurs substitute “Jersey”; (iii) in sub-paragraph (l) for “regulations” substitute “Regulations”; (f) in subsection (4) – (i) for “Secretary of State” substitute “Minister”; (ii) for sub-paragraph (d) substitute – “(d) who was given leave to enter or remain in Jersey in accordance with a provision of directions under section 1(4A) of the Immigration Act 1971 (as extended to Jersey by the Immigration (Jersey) Order 1993 [1] ) and knows or suspects that owing to a change of the holder’s circumstances the holder would no longer qualify for leave under that provision, or”; (iii) in sub-paragraph (e) for “regulations” substitute “Regulations”; (g) in subsection (5) – (i) for “Secretary of State” wherever it occurs substitute “Minister”; (ii) for “regulations” substitute “Regulations”; (h) in subsection (6) omit “; and section 16 of the Identity Cards Act 2006 (c. 15) (prohibition of requirement to produce ID card) is subject to this subsection”; (i) for subsection (9) substitute – “(9) Directions under section 1(4A) of the Immigration Act 1971 (as extended to Jersey by the Immigration (Jersey) Order 1993 [2] ) may require a person applying for the issue of a biometric immigration document to provide non-biometric information to be recorded in it or retained by the Minister.”; (j) omit subsection (10). 2 In section 6 (Regulations: supplemental) – (a) for “regulations” wherever it occurs substitute “Regulations”; (b) in subsection (3) for “(c. 33)” substitute “(as extended to Jersey by the Immigration and Asylum Act 1999 (Jersey) Order 2003 [3] )”; (c) in subsection (4) for “Rules under section 3 of the Immigration Act 1971 (immigration rules)” substitute “Directions under section 1(4A) of the Immigration Act 1971 (as extended to Jersey by the Immigration (Jersey) Order 1993 [4] )”; (d) in subsection (5) for “Secretary of State’s” substitute “Minister’s”; (e) in subsection (6) – (i) at the end of sub-paragraph (b) add “and”; (ii) omit sub-paragraphs (d) and (e). 3 In section 7 (Effect of non-compliance) – (a) in subsection (1) for “regulations” in the second place it occurs substitute “Regulations”; (b) in subsection (2) – (i) for “regulations” substitute “Regulations”; (ii) for “the United Kingdom” substitute “Jersey”; (iii) for “Secretary of State” in both places it occurs substitute “Minister”; (c) after subsection (2) insert – “(2A) If the Regulations require a biometric immigration document to be used in connection with an application or claim, they may require or permit the application or claim to be disregarded or refused if that requirement is not complied with.”; (d) in subsection (3) – (i) for “regulations” wherever it occurs substitute “Regulations”; (ii) for “Secretary of State” substitute “Minister”. 4 In section 9 (Penalty) – (a) in subsection (1) – (i) for “Secretary of State” substitute “Minister”; (ii) for “regulations” substitute “Regulations”; (b) in subsection (2) – (i) for “Secretary of State” in both places it occurs substitute “Minister”; (ii) for “regulations” substitute “Regulations”; (c) in subsection (5) for “regulations” substitute “Regulations”; (d) for subsection (6) substitute – “(6) The Minister may by Order amend subsection (3) to reflect a change in the value of money since 25 November 2008. (7) The Subordinate Legislation (Jersey) Law 1960 [5] shall apply to Orders under subsection (6).”. 5 In section 10 (Penalty: objection) – (a) in subsection (1) – (i) for “Secretary of State” substitute “Minister”; (ii) for “regulations” substitute “Regulations”; (b) in subsections (3) and (4) for “Secretary of State” wherever it occurs substitute “Minister”. 6 In section 11 (Penalty: appeal) – (a) for subsection (1) substitute – “(1) A person (P) who is given a penalty notice under section 9(1) may appeal to the Petty Debts Court.”; (b) in subsection (2)(a) for “regulations” substitute “Regulations”; (c) in subsection (3) for “court or sheriff” wherever it occurs substitute “Petty Debts Court”; (d) in subsection (4)(b) for “Secretary of State’s” substitute “Minister’s”; (e) in subsection (5) – (i) for “court or sheriff” substitute “Petty Debts Court”; (ii) for “Secretary of State” substitute “Minister”. 7 In section 12 (Penalty: enforcement) – (a) for “Secretary of State” wherever it occurs substitute “Minister”; (b) in subsection (5) for “be paid into the Consolidated Fund” substitute “form part of the annual income of the States”. 8 In section 13 (Penalty: code of practice) – (a) for “Secretary of State” wherever it occurs substitute “Minister”; (b) in subsection (3) for “A court or sheriff” substitute “The Petty Debts Court”; (c) in subsection (5) for sub-paragraphs (a), (b) and (c) substitute – “(a) publish proposals, and (b) consult members of the public.” 9 For section 14 (Penalty: prescribed matters) substitute – “Penalty: prescribed matters 14. –(1) In sections (1) and 13 “prescribed” means prescribed by the Minister by Order. (2) An Order under subsection (1) – (a) may make provision generally or only for specified purposes, and (b) may make different provision for different purposes. (3) The Subordinate Legislation (Jersey) Law 1960 [6] shall apply to Orders under subsection (1).”. 10 For section 15 (Interpretation) substitute – “Interpretation 15. –(1) For the purposes of section (5) – (a) “person subject to immigration control” means a person who under the Immigration Act 1971 (as extended to Jersey by the Immigration (Jersey) Order 1993 [7] ) requires leave to enter or remain in Jersey (whether or not such leave has been given), (b) “document” includes a card or sticker and any other method of recording information (whether in writing or by the use of electronic or other technology or by a combination of methods), (c) “authorised person” has the meaning given by section 141(5) of the Immigration and Asylum Act 1999 (as extended to Jersey by the Immigration and Asylum Act 1999 (Jersey) Order 2003 [8] ) (authority to take fingerprints), (d) “immigration” includes asylum, (e) “Jersey” means the Bailiwick of Jersey, (f) “Minister” means the Minister for Home Affairs, and (g) Regulations or an Order permitting something to be done by the Minister may (but need not) permit it to be done only where the Minister is of a specified opinion. (2) For the purposes of section 5 “biometric information” means – (a) information about a person’s external physical characteristics (including in particular fingerprints and features of the iris), and (b) any other information about a person’s physical characteristics specified in Regulations made by the States. (3) Regulations under subsection (2)(b) – (a) may specify only information that can be obtained or recorded by an external examination of a person; (b) must not specify information about a person’s DNA. (4) Section 6(6) applies to Regulations under subsection (2)(b). (5) An application for a biometric immigration document is an application in connection with immigration for the purposes of sections 67A and 68 of the Immigration Act 2014 (as extended to Jersey by the Immigration (Jersey) Order 2016) (fees); and, in the application of those sections to an application for a biometric immigration document, the prescribed consequences of non-compliance may include any of the consequences specified in section 7(2) above.”. SCHEDULE 2 (Article 3) MODIFICATIONs of sections 13 and 14 of, and schedule 2 to, the immigration Act 2014 as they extend to jersey 1 In section 13 (Safeguards for children) in the inserted paragraph (8)(b) for “Secretary of State” substitute “Minister”. 2 In section 14(1), in the inserted section 8 – (a) in subsection (1) – (i) for “Secretary of State” in the first place it occurs substitute “States”; (ii) for “Secretary of State” in the second place it occurs substitute “Minister”; (iii) for “regulations” in both places it occurs substitute “Regulations”; (b) in subsection (2) – (i) for “regulations” substitute “Regulations”; (ii) for “Secretary of State” substitute “Minister”; (c) after subsection (2) insert – “(2A) In subsection (2) “the Immigration Acts” means the Immigration Acts of the United Kingdom having effect for the time being as extended to Jersey.”; (d) in subsection (3) – (i) for “regulations” in both places it occurs substitute “Regulations”; (ii) for “Secretary of State” substitute “Minister”; (e) in subsection (4) for “regulations” substitute “Regulations”; (f) in subsection (5) – (i) for “regulations” substitute “Regulations”; (ii) for “Secretary of State” in both places it occurs substitute “Minister”; (iii) for “the United Kingdom” substitute “Jersey”; (iv) after “Immigration Act 1971” insert “(as extended to Jersey by the Immigration (Jersey) Order 1993)”; (g) in subsection (6) – (i) for “regulations” in both places it occurs substitute “Regulations”; (ii) for “Secretary of State” substitute “Minister”; (h) in subsection (8) – (i) for “regulations” in both places it occurs substitute “Regulations”; (ii) for “Secretary of State” wherever it occurs substitute “Minister”; (i) in subsection (9) for “regulations” in both places it occurs substitute “Regulations”. 3 In section 14(2), in the inserted section 144A – (a) in subsection (1) – (i) for “regulations” in the first place it occurs substitute “Regulations”; (ii) for “regulations” in the second place it occurs substitute “directions”; (iii) for “regulations” in the third place it occurs substitute “Regulations”; (b) in subsection (3) for “regulations” substitute “directions”. 4 Omit section 14(3). 5 In Schedule 2 omit the entries under “Nationality, Immigration and Asylum Act 2002 (c. 41)” and “Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19). UK BORDERS ACT 2007 (2007 c. 30) CONTENTS Detention at ports 1–4 * * * * * * * Biometric registration 5 Registration [Regulations] 6 Regulations: supplemental 7 Effect of non-compliance 8 Use and retention of information 9 Penalty 10 Penalty: objection 11 Penalty: appeal 12 Penalty: enforcement 13 Penalty: code of practice 14 Penalty: prescribed matters 15 Interpretation Treatment of claimants 16–21 * * * * * * * Enforcement 22–31 * * * * * * * Deportation of criminals 32–39 * * * * * * * Information 40–47 * * * * * * * Border and Immigration Inspectorate 48–56 * * * * * * * General 57–60 * * * * * * * 61 Citation SCHEDULE * * * * * * * ELIZABETH II UK BORDERS ACT 2007 2007 CHAPTER 30 A N ACT to make provision about immigration and asylum; and for connected purposes. [30th October 2007] B E IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows [9] – Detention at ports 1–4 * * * * * * * Biometric registration 5 Registration [Regulations] (1) The [States] may make [Regulations] – (a) requiring a person subject to immigration control to apply for the issue of a document recording biometric information (a “biometric immigration document”); (b) requiring a biometric immigration document to be used – (i) for specified immigration purposes, (ii) in connection with specified immigration procedures, or (iii) in specified circumstances, where a question arises about a person’s status in relation to nationality or immigration; (c) requiring a person who produces a biometric immigration document by virtue of paragraph (b) to provide information for comparison with information provided in connection with the application for the document. (2) Regulations under subsection (1)(a) may, in particular – (a) apply generally or only to a specified class of persons subject to immigration control (for example, persons making or seeking to make a specified kind of application for immigration purposes); (b) specify the period within which an application for a biometric immigration document must be made; (c) make provision about the issue of biometric immigration documents; (d) make provision about the content of biometric immigration documents (which may include non-biometric information); (e) make provision permitting a biometric immigration document to be combined with another document; (f) make provision for biometric immigration documents to begin to have effect, and cease to have effect, in accordance with the [Regulations]; (g) require a person who acquires a biometric immigration document, without the consent of the person to whom it relates or of the [Minister], to surrender it to the [Minister] as soon as is reasonably practicable; (h) permit the [Minister] to require the surrender of a biometric immigration document in other specified circumstances; (i) permit the [Minister] on issuing a biometric immigration document to require the surrender of other documents connected with immigration or nationality. (3) Regulations under subsection (1)(a) may permit the [Minister] to cancel a biometric immigration document – (a) if the [Minister] thinks that information provided in connection with the document was or has become false, misleading or incomplete, (b) if the [Minister] thinks that the document has been lost or stolen, (c) if the [Minister] thinks that the document (including any information recorded in it) has been altered, damaged or destroyed (whether deliberately or not), (d) if the [Minister] thinks that an attempt has been made (whether successfully or not) to copy the document or to do anything to enable it to be copied, (e) if the [Minister] thinks that a person has failed to surrender the document in accordance with subsection (2)(g) or (h), (f) if the [Minister] thinks that the document should be re-issued (whether because the information recorded in it requires alteration or for any other reason), (g) if the [Minister] thinks that the holder is to be given leave to enter or remain in [Jersey], (h) if the [Minister] thinks that the holder’s leave to enter or remain in [Jersey] is to be varied, cancelled or invalidated or to lapse, (i) if the [Minister] thinks that the holder has died, (j) if the [Minister] thinks that the holder has been removed from [Jersey] (whether by deportation or otherwise), (k) if the [Minister] thinks that the holder has left [Jersey] without retaining leave to enter or remain, and (l) in such other circumstances as the [Regulations] may specify. (4) Regulations under subsection (1)(a) may require notification to be given to the [Minister] by the holder of a biometric immigration document – (a) who knows or suspects that the document has been lost or stolen, (b) who knows or suspects that the document has been altered or damaged (whether deliberately or not), (c) who knows or suspects that information provided in connection with the document was or has become false, misleading or incomplete, [(d) who was given leave to enter or remain in Jersey in accordance with a provision of directions under section 1(4A) of the Immigration Act 1971 (as extended to Jersey by the Immigration (Jersey) Order 1993 [10] ) and knows or suspects that owing to a change of the holder’s circumstances the holder would no longer qualify for leave under that provision, or] (e) in such other circumstances as the [Regulations] may specify. (5) Regulations under subsection (1)(a) may require a person applying for the issue of a biometric immigration document to provide information (which may include biographical or other non-biometric information) to be recorded in it or retained by the [Minister]; and, in particular, the [Regulations] may – (a) require, or permit an authorised person to require, the provision of information in a specified form; (b) require an individual to submit, or permit an authorised person to require an individual to submit, to a specified process by means of which biometric information is obtained or recorded; (c) confer a function (which may include the exercise of a discretion) on an authorised person; (d) permit the [Minister], instead of requiring the provision of information, to use or retain information which is (for whatever reason) already in the [Minister]’s possession. (6) Regulations under subsection (1)(b) may, in particular, require the production or other use of a biometric immigration document that is combined with another document * * * *. (7) Regulations under subsection (1)(b) may not make provision the effect of which would be to require a person to carry a biometric immigration document at all times. (8) Regulations under subsection (1)(c) may, in particular, make provision of a kind specified in subsection (5)(a) or (b). [(9) Directions under section 1(4A) of the Immigration Act 1971 (as extended to Jersey by the Immigration (Jersey) Order 1993 [11] ) may require a person applying for the issue of a biometric immigration document to provide non-biometric information to be recorded in it or retained by the Minister.] (10) * * * * * 6 Regulations: supplemental (1) This section applies to [Regulations] under section 5(1). (2) Regulations amending or replacing earlier [Regulations] may require a person who holds a biometric immigration document issued under the earlier [Regulations] to apply under the new [Regulations]. (3) In so far as [Regulations] require an individual under the age of 16 to submit to a process for the recording of biometric information, or permit an authorised person to require an individual under the age of 16 to submit to a process of that kind, the [Regulations] must make provision similar to section 141(3) to (5) and (13) of the Immigration and Asylum Act 1999 [(as extended to Jersey by the Immigration and Asylum Act 1999 (Jersey) Order 2003 [12] )] (fingerprints: children). (4) [Directions under section 1(4A) of the Immigration Act 1971 (as extended to Jersey by the Immigration (Jersey) Order 1993 [13] )] may make provision by reference to compliance or non-compliance with [Regulations]. (5) Information in the [Minister’s] possession which is used or retained in accordance with [Regulations] under section 5(5)(d) shall be treated, for the purpose of requirements about treatment and destruction, as having been provided in accordance with the [Regulations] at the time at which it is used or retained in accordance with them. (6) Regulations – (a) may make provision having effect generally or only in specified cases or circumstances, (b) may make different provision for different cases or circumstances, [and] (c) may include incidental, consequential or transitional provision. (d) * * * * * (e) * * * * * 7 Effect of non-compliance (1) Regulations under section 5(1) must include provision about the effect of failure to comply with a requirement of the [Regulations]. (2) In particular, the [Regulations] may – (a) require or permit an application for a biometric immigration document to be refused; (b) require or permit an application or claim in connection with immigration to be disregarded or refused; (c) require or permit the cancellation or variation of leave to enter or remain in [Jersey]; (d) require the [Minister] to consider giving a notice under section 9; (e) provide for the consequence of a failure to be at the discretion of the [Minister]. [(2A) If the Regulations require a biometric immigration document to be used in connection with an application or claim, they may require or permit the application or claim to be disregarded or refused if that requirement is not complied with.] (3) The [Regulations] may also permit the [Minister] to designate an adult as the person responsible for ensuring that a child complies with requirements of the [Regulations]; and for that purpose – (a) “adult” means an individual who has attained the age of 18, (b) “child” means an individual who has not attained the age of 18, and (c) sections 9 to 13 shall apply (with any necessary modifications) to a designated adult’s failure to ensure compliance by a child with a requirement of [Regulations] as they apply to a person’s own failure to comply with a requirement. 8 Use and retention of information * * * * [ see section 14 of the Immigration Act 2014 as extended to Jersey by this Order, substituting section 8] 9 Penalty (1) The [Minister] may by notice require a person to pay a penalty for failing to comply with a requirement of [Regulations] under section 5(1). (2) The notice must – (a) specify the amount of the penalty, (b) specify a date before which the penalty must be paid to the [Minister], (c) specify methods by which the penalty may be paid, (d) explain the grounds on which the [Minister] thinks the person has failed to comply with a requirement of the [Regulations], and (e) explain the effect of sections 10 to 12. (3) The amount specified under subsection (2)(a) may not exceed £1,000. (4) The date specified under subsection (2)(b) must be not less than 14 days after the date on which the notice is given. (5) A person who has been given a notice under subsection (1) for failing to comply with [Regulations] may be given further notices in the case of continued failure; but a person may not be given a new notice – (a) during the time available for objection or appeal against an earlier notice, or (b) while an objection or appeal against an earlier notice has been instituted and is neither withdrawn nor determined. [(6) The Minister may by Order amend subsection (3) to reflect a change in the value of money since 25 November 2008. (7) The Subordinate Legislation (Jersey) Law 1960 [14] shall apply to Orders under subsection (6).] 10 Penalty: objection (1) A person (P) who is given a penalty notice under section 9(1) may by notice to the [Minister] object on the grounds – (a) that P has not failed to comply with a requirement of [Regulations] under section 5(1), (b) that it is unreasonable to require P to pay a penalty, or (c) that the amount of the penalty is excessive. (2) A notice of objection must – (a) specify the grounds of objection and P’s reasons, (b) comply with any prescribed requirements as to form and content, and (c) be given within the prescribed period. (3) The [Minister] shall consider a notice of objection and – (a) cancel the penalty notice, (b) reduce the penalty by varying the penalty notice, (c) increase the penalty by issuing a new penalty notice, or (d) confirm the penalty notice. (4) The [Minister] shall act under subsection (3) and notify P – (a) in accordance with any prescribed requirements, and (b) within the prescribed period or such longer period as the [Minister] and P may agree. 11 Penalty: appeal [(1) A person (P) who is given a penalty notice under section 9(1) may appeal to the Petty Debts Court.] (2) An appeal may be brought on the grounds – (a) that P has not failed to comply with a requirement of [Regulations] under section 5(1), (b) that it is unreasonable to require P to pay a penalty, or (c) that the amount of the penalty is excessive. (3) The [Petty Debts Court] may – (a) cancel the penalty notice, (b) reduce the penalty by varying the penalty notice, (c) increase the penalty by varying the penalty notice (whether because the [Petty Debts Court] thinks the original amount insufficient or because the [Petty Debts Court] thinks that the appeal should not have been brought), or (d) confirm the penalty notice. (4) An appeal may be brought – (a) whether or not P has given a notice of objection, and (b) irrespective of the [Minister’s] decision on any notice of objection. (5) The [Petty Debts Court] may consider matters of which the [Minister] was not and could not have been aware before giving the penalty notice. (6) Rules of court may make provision about the timing of an appeal under this section. 12 Penalty: enforcement (1) Where a penalty has not been paid before the date specified in the penalty notice in accordance with section 9(2)(b), it may be recovered as a debt due to the [Minister]. (2) Where a notice of objection is given in respect of a penalty notice, the [Minister] may not take steps to enforce the penalty notice before – (a) deciding what to do in response to the notice of objection, and (b) informing the objector. (3) The [Minister] may not take steps to enforce a penalty notice while an appeal under section 11 – (a) could be brought (disregarding any possibility of an appeal out of time with permission), or (b) has been brought and has not been determined or abandoned. (4) In proceedings for the recovery of a penalty no question may be raised as to the matters specified in sections 10 and 11 as grounds for objection or appeal. (5) Money received by the [Minister] in respect of a penalty shall [form part of the annual income of the States]. 13 Penalty: code of practice (1) The [Minister] shall issue a code of practice setting out the matters to be considered in determining – (a) whether to give a penalty notice under section 9(1), and (b) the amount of a penalty. (2) The code may, in particular, require the [Minister] to consider any decision taken by virtue of section 7. (3) [The Petty Debts Court] shall, when considering an appeal under section 11, have regard to the code. (4) The [Minister] may revise and re-issue the code. (5) Before issuing or re-issuing the code the [Minister] must – [(a) publish proposals, and (b) consult members of the public]. (6) The code (or re-issued code) shall come into force at the prescribed time. [ 14 Penalty: prescribed matters (1) In sections 10 and 13 “prescribed” means prescribed by the Minister by Order. (2) An Order under subsection (1) – (a) may make provision generally or only for specified purposes, and (b) may make different provision for different purposes. (3) The Subordinate Legislation (Jersey) Law 1960 [15] shall apply to Orders under subsection (1).] [ 15 Interpretation (1) For the purposes of section 5 – (a) “person subject to immigration control” means a person who under the Immigration Act 1971 (as extended to Jersey by the Immigration (Jersey) Order 1993 [16] ) requires leave to enter or remain in Jersey (whether or not such leave has been given), (b) “document” includes a card or sticker and any other method of recording information (whether in writing or by the use of electronic or other technology or by a combination of methods), (c) “authorised person” has the meaning given by section 141(5) of the Immigration and Asylum Act 1999 (as extended to Jersey by the Immigration and Asylum Act 1999 (Jersey) Order 2003 [17] ) (authority to take fingerprints), (d) “immigration” includes asylum, (e) “Jersey” means the Bailiwick of Jersey, (f) “Minister” means the Minister for Home Affairs, and (g) Regulations or an Order permitting something to be done by the Minister may (but need not) permit it to be done only where the Minister is of a specified opinion. (2) For the purposes of section 5 “biometric information” means – (a) information about a person’s external physical characteristics (including in particular fingerprints and features of the iris), and (b) any other information about a person’s physical characteristics specified in Regulations made by the States. (3) Regulations under subsection (2)(b) – (a) may specify only information that can be obtained or recorded by an external examination of a person; (b) must not specify information about a person’s DNA. (4) Section 6(6) applies to Regulations under subsection (2)(b). (5) An application for a biometric immigration document is an application in connection with immigration for the purposes of sections 67A and 68 of the Immigration Act 2014 (as extended to Jersey by the Immigration (Jersey) Order 2016) (fees); and, in the application of those sections to an application for a biometric immigration document, the prescribed consequences of non-compliance may include any of the consequences specified in section 7(2) above.] Treatment of claimants 16–21 * * * * * * * Enforcement 22–31 * * * * * * * Deportation of criminals 32–39 * * * * * * * Information 40–47 * * * * * * * Border and Immigration Inspectorate 48–56 * * * * * * * General 47–60 * * * * * * * 61 Citation (1) This Act may be cited as the UK Borders Act 2007. (2) * * * * * (3) * * * * * (4) * * * * * SCHEDULE * * * * * * * IMMIGRATION ACT 2014 (2014 c. 22) CONTENTS PART 1 REMOVAL AND OTHER POWERS Removal 1–3 * * * * * * * Powers of immigration officers 4 * * * * * * * Detention and bail 5–7 * * * * * * * Biometrics 8 * * * * * * * 9 Identifying persons liable to detention 10 * * * * * * * 11 * * * * * * * 12 Meaning of “biometric information” 13 Safeguards for children 14 Use and retention of biometric information PART 2 * * * * * * * PART 3 * * * * * * * PART 4 * * * * * * * PART 5 * * * * * * * PART 6 * * * * * * * PART 7 FINAL PROVISIONS 72–76 * * * * * * * 77 Short title SCHEDULE 1 – * * * * * * * SCHEDULE 2 – Meaning of biometric information SCHEDULES 3–9 – * * * * * * * ELIZABETH II IMMIGRATION ACT 2014 2014 CHAPTER 22 A N ACT to make provision about immigration law; to limit, or otherwise make provision about, access to services, facilities and employment by reference to immigration status; to make provision about marriage and civil partnership involving certain foreign nationals; to make provision about the acquisition of citizenship by persons unable to acquire it because their fathers and mothers were not married to each other and provision about the removal of citizenship from persons whose conduct is seriously prejudicial to the United Kingdom’s vital interests; and for connected purposes. [14th May 2014] B E IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows [18] – PART 1 REMOVAL AND OTHER POWERS Removal 1–3 * * * * * * * Powers of immigration officers 4 * * * * * * * Detention and bail 5–7 * * * * * * * Biometrics 8 * * * * * * * 9 Identifying persons liable to detention In paragraph 18(2) of Schedule 2 to the Immigration Act 1971 (power to take steps for identifying persons detained under paragraph 16 of that Schedule) after “detained” insert “or liable to be detained”. 10–11 * * * * * * * 12 Meaning of “biometric information” (1) * * * * * (2) * * * * * (3) * * * * * (4) Schedule 2 (which amends other enactments) has effect. 13 Safeguards for children (1) Schedule 2 to the Immigration Act 1971 (entry control) is amended as follows. (2) In paragraph 4 (power to take biometric information on examination), after sub-paragraph (6) (as inserted by paragraph 1(3) of Schedule 2) insert – “(7) A person (“P”) who is under 16 may not be required to provide biometric information under sub-paragraph (5) unless – (a) the decision to require P to provide the information has been confirmed by a chief immigration officer, and (b) the information is provided in the presence of a person of full age who is – (i) P’s parent or guardian, or (ii) a person who for the time being takes responsibility for P. (8) The person mentioned in sub-paragraph (7)(b)(ii) may not be – (a) a person who is entitled to require the provision of information under sub-paragraph (5) (an “authorised person”), or (b) an officer of the [Minister] who is not such a person. (9) Sub-paragraph (7) does not prevent an authorised person requiring the provision of biometric information by a person the authorised person reasonably believes to be 16 or over.” (3) In paragraph 18 (power to take biometric information from detained persons), after sub-paragraph (2A) insert – “(2B) Paragraph 4(7) to (9) applies to sub-paragraph (2) as it applies to paragraph 4(5).”. 14 Use and retention of biometric information (1) For section 8 of the UK Borders Act 2007 substitute – “8 Use and retention of biometric information (1) The [States] must by [Regulations] make provision about the use and retention by the [Minister] of biometric information provided in accordance with [Regulations] under section 5(1). (2) The [Regulations] must provide that biometric information may be retained only if the [Minister] thinks that it is necessary to retain it for use in connection with – (a) the exercise of a function by virtue of the Immigration Acts, or (b) the exercise of a function in relation to nationality. [(2A) In subsection (2) “the Immigration Acts” means the Immigration Acts of the United Kingdom having effect for the time being as extended to Jersey.] (3) The [Regulations] may include provision permitting biometric information retained by virtue of subsection (2) also to be used – (a) in connection with the prevention, investigation or prosecution of an offence, (b) for a purpose which appears to the [Minister] to be required in order to protect national security, (c) in connection with identifying persons who have died, or are suffering from illness or injury, (d) for the purpose of ascertaining whether a person has acted unlawfully, or has obtained or sought anything to which the person is not legally entitled, and (e) for such other purposes (whether in accordance with functions under an enactment or otherwise) as the [Regulations] may specify. (4) The [Regulations] must include provision about the destruction of biometric information. (5) In particular the [Regulations] must require the [Minister] to take all reasonable steps to ensure that biometric information is destroyed if the [Minister] – (a) no longer thinks that it is necessary to retain the information for use as mentioned in subsection (2), or (b) is satisfied that the person to whom the information relates is a British citizen, or a Commonwealth citizen who has a right of abode in [Jersey] as a result of section 2(1)(b) of the Immigration Act 1971 [(as extended to Jersey by the Immigration (Jersey) Order 1993 [19] )]. (6) The [Regulations] must also – (a) require that any requirement to destroy biometric information by virtue of the [Regulations] also applies to copies of the information, and (b) require the [Minister] to take all reasonable steps to ensure – (i) that data held in electronic form which relates to biometric information which has to be destroyed by virtue of the [Regulations] is destroyed or erased, or (ii) that access to such data is blocked. (7) But a requirement to destroy biometric information or data is not to apply if and in so far as the information or data is retained in accordance with and for the purposes of another power. (8) The [Regulations] must include provision – (a) entitling a person whose biometric information has to be destroyed by virtue of the [Regulations], on request, to a certificate issued by the [Minister] to the effect that the [Minister] has taken the steps required by virtue of subsection (6)(b), and (b) requiring such a certificate to be issued within the period of 3 months beginning with the date on which the request for it is received by the [Minister]. (9) Section 6(6) applies to [Regulations] under this section as it applies to [Regulations] under section 5(1).” (2) In the Immigration and Asylum Act 1999, after section 144 insert – “144A Use and retention of fingerprints etc. (1) Section 8 of the UK Borders Act 2007 (power to make [Regulations] about use and retention of biometric information) applies to – (a) fingerprints taken by virtue of section 141, and (b) biometric information taken by virtue of [directions] under section 144, as it applies to biometric information provided in accordance with [Regulations] under section 5(1) of that Act. (2) Regulations made by virtue of subsection (1)(a) must require fingerprints taken from a person (“F”) by virtue of section 141(7)(f) to be destroyed when fingerprints taken from the person whose dependant F is are destroyed. (3) Regulations made by virtue of subsection (1)(b) must make equivalent provision in relation to biometric information taken by virtue of any provision of [directions] under section 144 which is equivalent to section 141(7)(f).” (3) * * * * * PART 2 * * * * * * * PART 3 * * * * * * * PART 4 * * * * * * * PART 5 * * * * * * * PART 6 * * * * * * * PART 7 FINAL PROVISIONS 72–76 * * * * * * * 77 Short title This Act may be cited as the Immigration Act 2014. SCHEDULES SCHEDULE 1 * * * * * * * SCHEDULE 2 Meaning of biometric information Immigration Act 1971 (c. 77) 1 (1) Schedule 2 to the Immigration Act 1971 (entry control) is amended as follows. (2) In paragraph 4(5) – (a) after “provide” insert “biometric”; (b) omit from “about his external physical characteristics” to the end. (3) After paragraph 4(5) insert – “(6) “Biometric information” has the meaning given by section 15 of the UK Borders Act 2007.” (4) In paragraph 18(2A), for “fingerprints” substitute “biometric information (within the meaning given by section 15 of the UK Borders Act 2007)”. Immigration and Asylum Act 1999 (c. 33) 2 (1) Section 144 of the Immigration and Asylum Act 1999 (provision for collecting physical data other than fingerprints) is amended as follows. (2) In subsection (1), for “data about external physical characteristics” substitute “biometric information”. (3) For subsection (2) substitute – “(2) “Biometric information” has the meaning given by section 15 of the UK Borders Act 2007.” Nationality, Immigration and Asylum Act 2002 (c. 41) 3 * * * * * * * 4 * * * * * * * Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) 5 * * * * * * * SCHEDULES 3–9 * * * * * * * [1] chapter 21.700 [2] chapter 21.700 [3] chapter 21.770 [4] chapter 21.700 [5] chapter 15.720 [6] chapter 15.720 [7] chapter 21.700 [8] chapter 21.770 [9] Deletions and words in square brackets indicate adaptations and modifications made by The Immigration (Biometric Registration) (Jersey) Order 2018 [10] chapter 21.700 [11] chapter 21.700 [12] chapter 21.770 [13] chapter 21.700 [14] chapter 15.720 [15] chapter 15.720 [16] chapter 21.700 [17] chapter 21.770 [18] Deletions and words in square brackets indicate adaptations and modifications made by The Immigration (Biometric Registration) (Jersey) Order 2018 [19] chapter 21.700