Schedule 1 Extension and modification of provisions of the Nationality and Borders Act 2022

For this section, substitute the following section—

“70. Visa penalty provisions: application of UK Immigration Rules to the Bailiwick

(1) Subject to subsections (2) and (3), immigration rules making visa penalty provision under section 70 of this Act, as it has effect in the United Kingdom, have effect in and in relation to the Bailiwick as if they were rules made under section 3(2) of the 1971 Act.

(2) The Committee may at any time by Order—

(a) disapply subsection (1) in relation to any of those rules; or

(b) modify the application of subsection (1) in relation to any of those rules, including providing for any or all of those rules to have effect in the Bailiwick subject to modifications specified in the Order.

(3) Subject to subsection (4), and unless the context or an Order under subsection (2) requires otherwise, a reference in those rules—

(a) to entry clearance is to be construed as a reference to entry clearance within the meaning given by section 33(1) of the 1971 Act;

(b) to immigration officers is to be construed as a reference to immigration officers appointed for the purposes of the 1971 Act;

(c) to the United Kingdom is to be construed as a reference to the Bailiwick;

(d) to the Secretary of State is to be construed as a reference to the Committee; and

(e) to any of the Immigration Acts is to be construed as a reference to that Act as it has effect in the Bailiwick.

(4) Any amount of money payable under a visa penalty provision is to be paid into the Consolidated Fund of the United Kingdom.

(5) For the avoidance of doubt, the Guernsey Statutory Instruments (Registration) Ordinance, 1949 applies to an Order under subsection (2).

(6) For the avoidance of doubt, a reference in this section to the 1971 Act is a reference to that Act as it has effect in the Bailiwick.

(7) In this section—

“the Bailiwick” means the Bailiwick of Guernsey; and

“the Committee” means the States of Guernsey Committee for Home Affairs.””

In section 75(2) of the 2022 Act—

(a) in section 11C as inserted in the 1971 Act—

(i) for subsection (1), substitute the following subsection—

“(1) In this Act—

“an ETA” means an authorisation in electronic form to travel to the Bailiwick;

“any other British CTA territory” means the United Kingdom, the Bailiwick of Jersey or the Isle of Man;

“the Bailiwick” means the Bailiwick of Guernsey; and

“the Committee” means the States of Guernsey Committee for Home Affairs.”;

(ii) in subsections (2), (3) and (4), for “United Kingdom” in each place where the expression occurs, substitute “Bailiwick”;

(iii) in subsection (5)—

(A) for “United Kingdom” in each place where it occurs, substitute “Bailiwick”;

(B) for “of the Islands” in paragraph (a), and “island” in paragraph (b) and the part of that subsection following paragraph (b), respectively, substitute “other British CTA territory”; and for “Secretary of State”, substitute “Committee”; and

(iv) in subsection (6)(d)(ii), for “United Kingdom”, substitute “Bailiwick”;

(b) in section 11D as inserted in the 1971 Act—

(i) in its heading, for “the Islands”, substitute “other British CTA territories”;

(ii) in subsection (1)—

(A) for “Secretary of State”, substitute “Committee”;

(B) for “United Kingdom”, substitute “Bailiwick”; and

(C) for “of the Islands” and “island” respectively, substitute “other British CTA territory”;

(iii) in subsection (2)—

(A) for “United Kingdom” in each place where it occurs, substitute “Bailiwick”;

(B) for “of the Islands” in paragraph (c), substitute “other British CTA territory”; and

(C) for “Secretary of State” in paragraph (d), substitute “Committee”; and

(iv) for subsections (3), (4), (5) and (6), substitute the following subsection—

“(3) For the avoidance of doubt, the Guernsey Statutory Instruments (Registration) Ordinance, 1949 applies to regulations under subsection (1).”;

(c) immediately after section 11D as inserted in the 1971 Act, insert the following section—

“11E Arrangements for functions to be carried out by Secretary of State

(1) The Committee may arrange for the Secretary of State to carry out any function in relation to ETAs conferred on any person (“the decision-maker”) by immigration rules under section 11C or regulations under section 11D.

(2) A function carried out by or on behalf of the Secretary of State under an arrangement made under subsection (1) is for all purposes carried out by the decision-maker under the rules or regulations concerned; and every decision taken or other thing done by or on behalf of the Secretary of State under such an arrangement has the same effect as if taken or (as the case may be) done by the decision-maker.

(3) An arrangement under subsection (1)—

(a) may be varied or terminated at any time by the Committee, but without prejudice to anything done under the arrangement or to the making of a new arrangement; and

(b) does not prevent the performance of the function by the decision-maker concerned.

(4) For the avoidance of doubt, the decision-maker may be the Committee.

(5) This section has effect for the removal of any doubt and is not to be construed as impliedly invalidating anything done in conformity with any other enactment or rule of law, either before or after this section comes into force.”

In section 75(3) of the 2022 Act, in section 24A(1)(a) of the 1971 Act as amended, for “Kingdom”, substitute “Guernsey”.

In section 75(4) of the 2022 Act—

(a) for “place insert—”; and

(b) for the definition of “an ETA”, substitute—

“places, insert the following definitions in the appropriate order—

““any other British CTA territory” or “other British CTA territory” has the meaning given by section 11C;”

““the Bailiwick” has the meaning given by section 11C;”

““the Committee” has the meaning given by section 11C;” and

““an ETA” means an authorisation in electronic form to travel to the Bailiwick;”

In section 76(1) of the 2022 Act, for “(8)”, substitute “(6)”.

In section 76(2) of the 2022 Act—

(a) in relation to the substituted section 40(1) of the 1999 Act—

(i) for “Secretary of State”, substitute “States of Guernsey Committee for Home Affairs (“the Committee”);” and

(ii) for “United Kingdom”, substitute “Bailiwick of Guernsey”; and

(b) in relation to the substituted section 40(1C)(a), for “United Kingdom” in each place where it occurs, substitute “Bailiwick of Guernsey”.

For section 76(4) of the 2022 Act, in relation to section 40(4) of the 1999 Act, substitute the following subsection—

“(4) For subsection (4), substitute the following subsection—

“(4) No charge shall be payable on the basis that Case 1 applies in respect of any individual if the owner provides evidence that the individual produced an immigration document of the kind mentioned in subsection (1A) to the owner or an employee or agent of the owner when embarking on the ship or aircraft for the voyage or flight to the Bailiwick of Guernsey.””

In section 76(5) of the 2022 Act—

(a) in section 40(4A) of the 1999 Act as inserted—

(i) in paragraph (a), for “United Kingdom”, substitute “Bailiwick of Guernsey”; and

(ii) in paragraphs (b) and (c), immediately after “Secretary of State” in each place where the expression occurs, insert “, the Committee or an immigration officer”;

(b) in section 40(4B) of the 1999 Act as inserted—

(i) in paragraph (a)—

(A) immediately after “Secretary of State”, insert “, the Committee or an immigration officer”; and

(B) for “United Kingdom”, substitute “Bailiwick of Guernsey”; and

(ii) in paragraph (b), immediately after “Secretary of State”, insert “, the Committee or an immigration officer”.

For section 76(6), (7) and (8) of the 2022 Act, in relation to section 40 of the 1999 Act, substitute the following subsection—

“(6) For subsections (5), (6), (7), (8), (11) and (13), substitute the following subsections—

“(5) For the purpose of subsection (4) or (4A)(a), an owner shall be entitled to regard a document as—

(a) being what it purports to be unless its falsity is reasonably apparent; and

(b) relating to the individual producing it unless it is reasonably apparent that it does not relate to him.

(6) For the purposes of this section an individual requires an entry clearance if under the immigration rules he requires an entry clearance for entry into the Bailiwick of Guernsey.

(7) In this section “immigration document” means—

(a) a passport; and

(b) a document which relates to a national of a country other than the United Kingdom and which is designed to serve the same purpose as a passport.

(8) The Committee may by Order substitute a sum for the sum in subsection (1).

(9) An Order under subsection (8) must be laid before a meeting of the States of Deliberation as soon as possible and, if at that or the next meeting the States of Deliberation resolve to annul it, ceases to have effect, but without prejudice to anything done under it or to the making of a new Order.

(10) For the avoidance of doubt, the Guernsey Statutory Instruments (Registration) Ordinance, 1949 applies to an Order under subsection (8).””