SCHEDULE
(Article 3)
MODIFICATIONs of sections 68 TO
70 of the immigration act 2014 (fees) as they extend to jersey
1
Before section 68 insert the following
sections 67A, 67B and 67C –
(1) The Minister may by
Order provide for fees to be charged in respect of the exercise of any function
in connection with immigration or nationality exercised by –
(a) the
Lieutenant-Governor;
(b) a Minister (within the
meaning of Article 1(1) of the States of Jersey Law 2005[2]);
(c) an immigration officer
or any other States’ employee within the meaning of the Employment of
States of Jersey Employees (Jersey) Law 2005[3],
other
than a function exercised by the Lieutenant-Governor under arrangements made
with the Secretary of State under section 43 of the British Nationality
Act 1981.
(2) An Order under
subsection (1) may not provide for a fee to be charged in respect of the
exercise of a function otherwise than in connection with an application or
claim, or on request.
(3) An Order under
subsection (1) may set fees –
(a) of a fixed amount; or
(b) of an amount calculated
by reference to an hourly rate or other factor.
(4) In respect of any fee
set by an Order under subsection (1), the Order may –
(a) provide for exceptions;
(b) provide for the
reduction, waiver or refund of part or all of a fee (whether by conferring a
discretion or otherwise);
(c) make provision
about –
(i) the consequences of failure to pay a
fee;
(ii) enforcement;
(iii) when a fee may or must be paid.
(5) This section is without
prejudice to any other power to charge a fee.
(6) The Subordinate
Legislation (Jersey) Law 1960[4] shall
apply to Orders made under this section.
(7) In this section and
sections 67B and 67C –
“enactment”
includes an enactment of the United Kingdom having effect in Jersey;
“function”
includes a power or a duty;
“function
in connection with immigration or nationality” includes a function in
connection with an enactment that relates wholly or partly to immigration or
nationality;
“Jersey”
means the Bailiwick of Jersey;
“Minister”
means Minister for Home Affairs.
(8) Any reference in this
section and in section 67C to the exercise of a function includes a reference
to its exercise in particular circumstances, including its
exercise –
(a) at particular times or
in a particular place;
(b) under particular
arrangements;
(c) otherwise in particular
ways,
and, for
this purpose, “arrangements” includes arrangements for the
convenience of applicants, claimants or persons making requests for the
exercise of a function.
67B Fees orders (the Minister):
supplemental
(1) A fee under section 67A
may relate to something done outside Jersey.
(2) Fees payable by virtue
of section 67A may be recovered as a debt due to the Minister.
(3) Fees charged under an
Order made under section 67A shall form part of the annual income of the
States.
67C Power to charge fees for attendance
services in particular cases
(1) This section applies
where a person exercises a function in connection with immigration or
nationality in respect of which a fee is chargeable by virtue of an Order made
under section 67A (a “chargeable function”) in a
particular case and –
(a) in doing so attends at
a place outside Jersey, and time, agreed with a person (“the
client”); and
(b) does so at the request
of the client.
It is
immaterial whether or not the client is a person in respect of whom the
chargeable function is exercised.
(2) In this section
“attendance service” means the service described in
subsection (1) except so far as it consists of the exercise of a
chargeable function.
(3) The following are to be
disregarded in determining whether a fee is chargeable in respect of a function
by virtue of an Order made under section 67A –
(a) any exception provided
for by the Order;
(b) any power so provided
to waive or refund a fee.
(4) The person exercising
the chargeable function may charge the client such fee for the purposes of
recovering the costs of providing the attendance service as the person may
determine.
(5) Fees payable by virtue
of subsection (4) may be recovered as a debt due to the States.
(6) Fees charged under
subsection (4) shall form part of the annual income of the States.
(7) This section is without
prejudice to section 67A or any other power to charge a fee.”.
2
In section 68 –
(a) in
subsection (1) after “immigration or nationality” insert
“, other than functions for which a fee may be charged by virtue of
an Order made by the Minister under section 67A or by virtue of section 67C.”;
and
(b) in
subsection (12) –
(i) in
the definition of “function in connection with immigration or
nationality” for “the United Kingdom” substitute
“Jersey”;
(ii) after
that definition insert –
“ “Jersey” means the Bailiwick of Jersey”;
“Minister”
means the Minister for Home Affairs;”.
3
In section 69 –
(a) in
subsection (2) for “the United Kingdom” substitute
“Jersey”;
(b) after
subsection (4) insert –
“(4A) Notwithstanding subsections (3) and (4), in
relation to a function exercised by the Lieutenant-Governor under arrangements
made with the Secretary of State under section 43 of the British
Nationality Act 1981 –
(a) fees payable by virtue of section 68
may be recovered as a debt due to the Minister; and
(b) fees paid by virtue of section 68 shall
form part of the annual income of the States.”.
4
In section 70 –
(a) in
subsection (1) for “the United Kingdom” substitute
“Jersey”; and
(b) after
subsection (6) insert –
“(6A) Notwithstanding subsections (5) and (6), in
relation to a function exercised by the Lieutenant-Governor under arrangements
made with the Secretary of State under section 43 of the British
Nationality Act 1981 –
(a) fees paid by virtue of this section shall
form part of the annual income of the States; and
(b) a fee payable by virtue of this section may
be recovered as a debt due to the Minister.”.
ELIZABETH II
IMMIGRATION ACT 2014
2014 CHAPTER
22
AN 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]
BE 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[5] –
PART 1
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PART 2
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PART 3
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PART 4
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PART 5
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PART 6
MISCELLANEOUS
Citizenship
65–66 *
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Embarkation checks
67 *
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Fees
[67A Fees (the Minister)
(1) The
Minister may by Order provide for fees to be charged in respect of the exercise
of any function in connection with immigration or nationality exercised
by –
(a) the
Lieutenant-Governor;
(b) a
Minister (within the meaning of Article 1(1) of the States of Jersey Law
2005);
(c) an
immigration officer or any other States’ employee within the meaning of
the Employment of States of Jersey Employees (Jersey) Law 2005,
other than a function exercised by the Lieutenant-Governor under
arrangements made with the Secretary of State under section 43 of the
British Nationality Act 1981.
(2) An
Order under subsection (1) may not provide for a fee to be charged in
respect of the exercise of a function otherwise than in connection with an
application or claim, or on request.
(3) An
Order under subsection (1) may set fees –
(a) of
a fixed amount; or
(b) of
an amount calculated by reference to an hourly rate or other factor.
(4) In
respect of any fee set by an Order under subsection (1), the Order may –
(a) provide
for exceptions;
(b) provide
for the reduction, waiver or refund of part or all of a fee (whether by
conferring a discretion or otherwise);
(c) make
provision about –
(i) the consequences
of failure to pay a fee;
(ii) enforcement;
(iii) when a fee may or must
be paid.
(5) This
section is without prejudice to any other power to charge a fee.
(6) The
Subordinate Legislation (Jersey) Law 1960 shall apply to Orders made under this
section.
(7) In
this section and sections 67B and 67C –
“enactment” includes an enactment of the United Kingdom
having effect in Jersey;
“function” includes a power or a duty;
“function in connection with immigration or nationality”
includes a function in connection with an enactment that relates wholly or
partly to immigration or nationality;
“Jersey” means the Bailiwick of Jersey;
“Minister” means Minister for Home Affairs.
(8) Any
reference in this section and in section 67C to the exercise of a function
includes a reference to its exercise in particular circumstances, including its
exercise –
(a) at
particular times or in a particular place;
(b) under
particular arrangements;
(c) otherwise
in particular ways,
and, for this purpose, “arrangements” includes
arrangements for the convenience of applicants, claimants or persons making
requests for the exercise of a function.
67B Fees orders (the Minister):
supplemental
(1) A
fee under section 67A may relate to something done outside Jersey.
(2) Fees
payable by virtue of section 67A may be recovered as a debt due to the
Minister.
(3) Fees
charged under an Order made under section 67A shall form part of the
annual income of the States.
67C Power to charge
fees for attendance services in particular cases
(1) This
section applies where a person exercises a function in connection with
immigration or nationality in respect of which a fee is chargeable by virtue of
an Order made under section 67A (a “chargeable function”) in a
particular case and –
(a) in
doing so attends at a place outside Jersey, and time, agreed with a person
(“the client”); and
(b) does
so at the request of the client.
It is immaterial whether or not the client is a person in respect of
whom the chargeable function is exercised.
(2) In
this section “attendance service” means the service described in
subsection (1) except so far as it consists of the exercise of a
chargeable function.
(3) The
following are to be disregarded in determining whether a fee is chargeable in
respect of a function by virtue of an Order made under section 67A –
(a) any
exception provided for by the Order;
(b) any
power so provided to waive or refund a fee.
(4) The
person exercising the chargeable function may charge the client such fee for
the purposes of recovering the costs of providing the attendance service as the
person may determine.
(5) Fees
payable by virtue of subsection (4) may be recovered as a debt due to the
States.
(6) Fees
charged under subsection (4) shall form part of the annual income of the
States.
(7) This
section is without prejudice to section 67A or any other power to charge a
fee.]
68 Fees
(1) The
Secretary of State may provide, in accordance with this section, for fees to be
charged in respect of the exercise of functions in connection with immigration
or nationality[, other than functions for which a fee may be charged by virtue
of an Order made by the Minister under section 67A or by virtue of
section 67C].
(2) The
functions in respect of which fees are to be charged are to be specified by the
Secretary of State by order (“a fees order”).
(3) A
fees order –
(a) must
specify how the fee in respect of the exercise of each specified function is to
be calculated, and
(b) may
not provide for a fee to be charged in respect of the exercise of a function
otherwise than in connection with an application or claim, or on request.
(4) For
any specified fee, a fees order must provide for it to comprise one or more
amounts each of which is –
(a) a
fixed amount, or
(b) an
amount calculated by reference to an hourly rate or other factor.
(5) Where
a fees order provides for a fee (or part of a fee) to be a fixed amount,
it –
(a) must
specify a maximum amount for the fee (or part), and
(b) may
specify a minimum amount.
(6) Where
a fees order provides for a fee (or part of a fee) to be calculated as
mentioned in subsection (4)(b), it –
(a) must
specify –
(i) how the fee (or
part) is to be calculated, and
(ii) a maximum rate or
other factor, and
(b) may
specify a minimum rate or other factor.
(7) For
any specified fee, the following are to be set by the Secretary of State by
regulations (“fees regulations”) –
(a) if
the fee (or any part of it) is to be a fixed amount, that amount;
(b) if
the fee (or any part of it) is to be calculated as mentioned in subsection (4)(b),
the hourly rate or other factor by reference to which it (or that part) is to
be calculated.
(8) An
amount, or rate or other factor, set by fees regulations for a fee in respect
of the exercise of a specified function –
(a) must
not –
(i) exceed the
maximum specified for that amount, or rate or other factor;
(ii) be less than the
minimum, if any, so specified;
(b) subject
to that, may be intended to exceed, or result in a fee which exceeds, the costs
of exercising the function.
(9) In
setting the amount of any fee, or rate or other factor, in fees regulations,
the Secretary of State may have regard only to –
(a) the
costs of exercising the function;
(b) benefits
that the Secretary of State thinks are likely to accrue to any person in
connection with the exercise of the function;
(c) the
costs of exercising any other function in connection with immigration or
nationality;
(d) the
promotion of economic growth;
(e) fees
charged by or on behalf of governments of other countries in respect of
comparable functions;
(f) any
international agreement.
This is subject to section 69(5).
(10) In
respect of any fee provided for under this section, fees regulations
may –
(a) provide
for exceptions;
(b) provide
for the reduction, waiver or refund of part or all of a fee (whether by
conferring a discretion or otherwise);
(c) make
provision about –
(i) the consequences
of failure to pay a fee;
(ii) enforcement;
(iii) when a fee may or must
be paid.
(11) Any
provision that may be made by fees regulations by virtue of subsection (10)
may be included instead in a fees order (and any provision so included may be
amended or revoked by fees regulations).
(12) In this
section and sections 69 and 70 –
“costs” includes –
(a) the
costs of the Secretary of State, and
(b) the
costs of any other person (whether or not funded from public money);
“fees order” has the meaning given by subsection (2);
“fees regulations” has the meaning given by subsection (7);
“function” includes a power or a duty;
“function in connection with immigration or nationality”
includes a function in connection with an enactment (including an enactment of
a jurisdiction outside [Jersey]) that relates wholly or partly to immigration
or nationality;
[“Jersey” means the Bailiwick of Jersey;
“Minister” means the Minister for Home Affairs;]
“specified” means specified in a fees order.
(13) Any
reference in this section or section 70 to the exercise of a function
includes a reference to its exercise in particular circumstances, including its
exercise –
(a) at
particular times or in a particular place;
(b) under
particular arrangements;
(c) otherwise
in particular ways,
and, for this purpose, “arrangements” includes
arrangements for the convenience of applicants, claimants or persons making
requests for the exercise of a function.
69 Fees
orders and fees regulations: supplemental
(1) A
fees order or fees regulations may be made only with the consent of the
Treasury.
(2) A
fee under section 68 may relate to something done outside the [Jersey].
(3) Fees
payable by virtue of section 68 may be recovered as a debt due to the
Secretary of State.
(4) Fees
paid to the Secretary of State by virtue of section 68 must –
(a) be
paid into the Consolidated Fund, or
(b) be
applied in such other way as the relevant order may specify.
[(4A) Notwithstanding
subsections (3) and (4), in relation to a function exercised by the
Lieutenant-Governor under arrangements made with the Secretary of State under
section 43 of the British Nationality Act 1981 –
(a) fees
payable by virtue of section 68 may be recovered as a debt due to the
Minister; and
(b) fees
paid by virtue of section 68 shall form part of the annual income of the
States.]
(5) Section 68
is without prejudice to –
(a) section 1
of the Consular Fees Act 1980 (fees for consular acts etc.);
(b) section 102
of the Finance (No. 2) Act 1987 (government fees and charges), or
(c) any
other power to charge a fee.
70 Power
to charge fees for attendance services in particular cases
(1) This
section applies where a person exercises a function in connection with
immigration or nationality in respect of which a fee is chargeable by virtue of
a fees order (a “chargeable function”) in a particular case
and –
(a) in
doing so attends at a place outside [Jersey], and time, agreed with a person
(“the client”), and
(b) does
so at the request of the client.
It is immaterial whether or not the client is a person in respect of
whom the chargeable function is exercised.
(2) In
this section “attendance service” means the service described in
subsection (1) except so far as it consists of the exercise of a
chargeable function.
(3) The
following are to be disregarded in determining whether a fee is chargeable in
respect of a function by virtue of a fees order –
(a) any
exception provided for by a fees order or fees regulations;
(b) any
power so provided to waive or refund a fee.
(4) The
person exercising the chargeable function may charge the client such fee for the
purposes of recovering the costs of providing the attendance service as the
person may determine.
(5) Fees
paid to the Secretary of State by virtue of this section must be paid into the
Consolidated Fund.
(6) A
fee payable by virtue of this section may be recovered as a debt due to the
Secretary of State.
[(6A) Notwithstanding
subsections (5) and (6), in relation to a function exercised by the
Lieutenant-Governor under arrangements made with the Secretary of State under
section 43 of the British Nationality Act 1981 –
(a) fees
paid by virtue of this section shall form part of the annual income of the
States; and
(b) a
fee payable by virtue of this section may be recovered as a debt due to the
Minister.]
(7) This
section is without prejudice to –
(a) section
68;
(b) section 1
of the Consular Fees Act 1980 (fees for consular acts etc.);
(c) section 102
of the Finance (No. 2) Act 1987 (government fees and charges), or
(d) any
other power to charge a fee.
Welfare of children
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PART 7
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SCHEDULES
SCHEDULES 1–9
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