United Kingdom Statutory Instruments

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

(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 Guernsey";

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

(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) for "United Kingdom", in each place substitute "Bailiwick of Guernsey";

(b) in subsection (1)(a) for "Secretary of State" substitute "Lieutenant Governor";

(c) omit subsection (2).

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

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

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

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

(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 Guernsey";

(b) in subsection (3)(a), for the words "statutory maximum" substitute "level 5 on the Uniform Scale";

(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 Ordinance 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) on a first reference, before the tenth day following that on which the person concerned was detained; and

(b) on a second reference, before the thirty-eighth day following that on which he was detained.".

For subsection (12), substitute - 

    " (12) In this Part, "court" means Magistrate's Court";

Omit subsections (13), (14) and (15).

(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) of section 28D.

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

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

(a) for section 28H(1)(b) substitute - 

" (b) is in custody at a designated place of detention or in detention at some other place.";

(b) in section 28H(2) after "immigration officer" insert "or a police officer";

(c) in section 28H(5), after "police" insert "or an immigration officer";

(d) for section 28H(10) and (11) substitute - 

    " (10) "Custody officer" means the custody officer designated for the place at which the arrested person is detained.

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

(e) after section 28H(11) insert - 

    " (12) "Designated place of detention" means a place of detention designated by either the Chief Officer of Police or Chief Customs Officer for the detention of detained person.";

(f) for sections 28H(12) and (13) substitute - 

    " (13) 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 section 42 of the Terrorism and Crime (Bailiwick of Guernsey) Law, 2002 after being detained by an examining officer under the provisions of Schedule 8 of the said Law; 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 Guernsey".

(a) for sections 28J(3) and (4) substitute - 

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

(b) in section 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 Her Majesty's Greffier";

(b) in subsection (10), for "subsection (9)(a)" substitute "subsection (9)", and for "justices' chief executive" substitute "Her Majesty's Greffier"; and

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

(a) any vehicle, vessel, aircraft or hovercraft; and

(b) any tent or moveable 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 proceedings 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 salaried police of the Island of Guernsey", and

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

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

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 Guernsey 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 Guernsey.".

(a) at the end of the entry relating to the "1971 Act", insert "as extended to the Bailiwick of Guernsey by the Immigration (Guernsey) Order 1993[6], the Asylum and Immigration Act 1996 (Guernsey) Order 1998[7] and the Immigration and Asylum Act 1999 (Guernsey) 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 Guernsey under the Refugee Convention for the claimant to be removed from, or required to leave, the Bailiwick of Guernsey;";

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

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

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

" "prescribed" means prescribed by regulations made by the Board;";

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

" "the Board" means the States Board of Administration.".

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

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.".

(a) in the entry relating to the 1971 Act, the words - 

"In section 24, subsections (1)(aa) and (2). Section 25(3). In Schedule 2, in paragraph 21(4)(a) "under paragraph 2 above", in paragraph 26(1) "and have not been given leave";

(b) the entry relating to the Immigration (Carriers' Liability) Act 1987[9];

(c) the references to sections 8 and 9 in the entry relating to the Immigration Act 1988[10];

(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.