The Immigration (Isle of Man) Order 2008

• (2) In subsections (1), (2)(b) and (5), for “Secretary of State” substitute “Governor”.

• (3) In subsection (2B), for “small ship, small aircraft or rail freight wagon” substitute “small ship or small aircraft”.

• (4) In subsection (2C)(b)—

• (a) for “ship, aircraft or wagon” substitute “ship or aircraft”;

• (b) for “United Kingdom” substitute “Isle of Man”.

16

• (1) Section 36A of the 1999 Act¹¹⁸ is modified as follows.

• (2) In subsections (2) and (6), for “Secretary of State” substitute “Governor”.

• (3) In subsection (2), for “small ship, small aircraft or rail freight wagon” substitute “small ship or small aircraft”.

• (4) In subsection (6), for “ship, aircraft or wagon” substitute “ship or aircraft”.

17

• (1) Section 37 of the 1999 Act¹¹⁹ is modified as follows.

• (2) In subsections (4) and (5), for “Secretary of State” substitute “Governor”.

18

• (1) Section 40 of the 1999 Act¹²⁰ is modified as follows.

• (2) In subsections (1), (4) and (6)(a), for “United Kingdom”, wherever those words occur, substitute “Isle of Man”.

• (3) In subsections (2), (3) and (10), for “Secretary of State” substitute “Governor”.

• (4) In subsection (6)—

• (a) At the end of paragraph (a), omit “or”;

• (b) omit paragraph (b).

• (5) Omit subsections (7) and (8).

19

• (1) Section 40A of the 1999 Act¹²¹ is modified as follows.

• (2) In subsections (1), (2), (3), (5), (6) and (7), for “Secretary of State”, wherever those words occur, substitute “Governor”.

• (3) In subsection (2)(a), for “Secretary of State’s” substitute “Governor’s”.

• (4) In subsection (7), for “Secretary of State as a debt due to him” substitute “Treasury as a debt due to it”.

20

• (1) Section 40B of the 1999 Act¹²² is modified as follows.

• (2) In subsection (3)—

• (a) in paragraph (a), for “Secretary of State’s” substitute “Governor’s”;

• (b) in paragraph (b), for “Secretary of State” substitute “Governor”.

• (3) In subsection (4), for “Civil Procedure Rules” substitute “rules of court”.

21

• (1) Section 43 of the 1999 Act¹²³ is modified as follows.

• (2) In subsection (1)—

• (a) for the definition of “court” substitute—

• “court” means the High Court;

• (b) in the definition of “owner”, omit “(a)” and the words from “and (b)” to the end.

Part 7 – power to arrest, search and fingerprint

22

• (1) Section 141 of the 1999 Act¹²⁴ is modified as follows.

• (2) In subsection (4), omit the words from “(a) an officer” to “(b)”.

• (3) Omit subsections (5)(d) and (e), (6), (7)(e), (8)(e), (9)(e), (12)(d) and (15).

• (4) In subsection (5), at the end of paragraph (b) insert “or”.

• (5) In subsection (7)(a) and (b), (9)(a) and (b) and (14)(b), for “United Kingdom”, wherever those words occur, substitute “Isle of Man”.

• (6) In subsection (12)(a), omit “of his police force”.

• (7) In subsection (12)(b), omit “or (e)”.

23

• (1) Section 142 of the 1999 Act¹²⁵ is modified as follows.

• (2) In subsection (1), for “Secretary of State” substitute “Governor”.

• (3) Omit subsection (2A).

24

• (1) Section 143 of the 1999 Act is modified as follows.

• (2) In subsection (2)(b), for “United Kingdom” substitute “Isle of Man”.

• (3) Omit subsections (3) to (8) and (14).

• (4) In subsection (9), after “F” insert “(within the meaning of section 141(7))”).

• (5) In subsections (11), (12) and (15)(a), for “Secretary of State” substitute “Governor”.

25

• (1) Section 144 of the 1999 Act¹²⁶ is modified as follows.

• (2) In subsection (1), for “Secretary of State” substitute “Governor”.

26

• (1) Section 145 of the 1999 Act¹²⁷ is modified as follows.

• (2) In subsection (4), for “Secretary of State” substitute “Governor”.

• (3) In subsection (6), for paragraphs (a) and (b) substitute “any code of practice for the time being in force under the Police Powers and Procedures Act 1998 (an Act of Tynwald)¹²⁸.”.

• (4) Omit subsection (7).

Part 10 – miscellaneous and supplemental

27

• (1) Section 166 of the 1999 Act is modified as follows.

• (2) Omit subsections (1), (2), (5) and (6).

• (3) In subsection (3), for “Any statutory instrument” to “subsection (1)” substitute “Any rules, regulations or orders made under the Immigration Acts”.

• (4) For subsection (4) substitute—

(4) Rules, regulations and orders made under the Immigration Acts by the Governor, the Council of Ministers, the Deemsters, the Clerk of the Rolls or any Department of the Isle of Man Government shall be laid before Tynwald as soon as practicable after they are made, and if Tynwald at the sitting at which they are laid or at the next following sitting resolves that they shall be annulled, they shall cease to have effect.

28

• (1) Section 167 of the 1999 Act is modified as follows.

• (2) In subsection (1)—

• (a) for the definition of “adjudicator” substitute—

• “adjudicator” means an adjudicator designated by section 81 of the Nationality, Immigration and Asylum Act 2002;

• (b) omit the definitions of “Chief Adjudicator”, “claim for asylum”, “the Commission”, “the Immigration Acts”, “the Refugee Convention” and “voluntary organisations”;

• (c) in the definition of “the Human Rights Convention”, for “United Kingdom” substitute “Isle of Man”;

• (d) in the definition of “prescribed”, for “Secretary of State” substitute “Governor”.

29

• (1) Section 168 of the 1999 Act is modified as follows.

• (2) In subsection (1)—

• (a) for “Parliament” substitute “Tynwald”;

• (b) in paragraph (a), for “Secretary of State or the Lord Chancellor” substitute “Governor”.

• (3) For subsection (2) substitute—

(2) Sums received under this Act shall be paid into the General Revenue of the Isle of Man.

30

• (1) Section 170 of the 1999 Act is modified as follows.

• (2) Omit subsections (2) to (7).

Schedule 1 - sale of transporters

31

• (1) Schedule 1 of the 1999 Act¹²⁹ is modified as follows.

• (2) In paragraphs 1(2)(c), 2, 3, 4(a) and 5(2)(c), for “Secretary of State”, wherever those words occur, substitute “Governor”.

• (3) In paragraphs 1(2)(a) and 5(2)(d), omit “or charge”.

• (4) In paragraph 5(1), omit “or 42”.

SCHEDULE 7 — The Nationality, Immigration and Asylum Act 2002

Part 1 – nationality

1

• (1) Section 10 of the 2002 Act¹³⁰ is modified as follows.

• (2) In subsection (1), for “Secretary of State” substitute “Governor”.

• (3) In subsection (1) and (2)(b), for “United Kingdom” substitute “Isle of Man”.

• (4) In subsection (2), omit paragraph (e).

• (5) Omit subsections (4) and (5)(a).

• (6) In subsection (6), omit “(a)” and the words from “and (b)” to the end.

Part 4 – detention and removal

2

• (1) Section 62 of the 2002 Act is modified as follows.

• (2) In the heading to section 62, and in subsections (1), (2), (3)(b), (4) and (7), for “Secretary of State”, wherever those words occur, substitute “Governor”.

• (3) In subsections (1)(b), (2) and (5), for “United Kingdom” substitute “Isle of Man”.

• (4) In subsection (2)(b), for “Secretary of State’s” substitute “Governor’s”.

• (5) Omit subsections (9) to (16).

3

• (1) Section 72 of the 2002 Act is modified as follows.

• (2) In subsections (2), (3), (4) and (9)(a), for “United Kingdom”, wherever those words occur, substitute “Isle of Man”.

• (3) In subsections (2)(b), (3)(b) and (c) and (11)(b), for “imprisonment”, wherever that word occurs, substitute “custody”.

• (4) In subsections (4)(a) and (b) and (9)(b), for “Secretary of State” substitute “Governor”.

• (5) Omit subsections (5) and (8).

• (6) In subsection (9)(a), for the words from “, 83 or 101” to “1997 (c.68)” substitute “of this Act”.

• (7) In subsection (10), omit “, Tribunal or Commission”.

4

• (1) Section 75 of the 2002 Act is modified as follows.

• (2) Omit subsection (2).

5

• (1) Section 76 of the 2002 Act is modified as follows.

• (2) In subsections (1), (2) and (3), for “Secretary of State” substitute “Governor”.

• (3) In subsections (1), (2) and (3) and in the definition of “removed” in subsection (4), for “United Kingdom”, wherever those words occur, substitute “Isle of Man”.

6

• (1) Section 78 of the 2002 Act is modified as follows.

• (2) In subsections (1)(a) and (b), (3)(a) and (4), for “United Kingdom” substitute “Isle of Man”.

Part 5 – immigration appeals

7

In the heading to Part 5, omit “and asylum”.

8

• (1) Section 81 of the 2002 Act is modified as follows.

• (2) For section 81 substitute—

(81) The High Bailiff and any Deputy High Bailiff shall be adjudicators for the purposes of this Part.

9

• (1) Section 82 of the 2002 Act¹³¹ is modified as follows.

• (2) In subsection (2), for “United Kingdom”, wherever those words occur, substitute “Isle of Man”.

• (3) Omit subsection (3).

10

• (1) Section 84 of the 2002 Act is modified as follows.

• (2) In subsection (1)(b), for “section 19B” to the end substitute “section 1 or 2 of the Race Relations Act 2004 (an Act of Tynwald) (public authorities: general statutory duty);”.

• (3) In subsection (1)(c), for “Human Rights Act 1998 (c.42)” substitute “Human Rights Act 2001 (an Act of Tynwald)¹³²”.

• (4) In subsection (1)(d) and (g), for “United Kingdom” substitute “Isle of Man”.

• (5) In subsection (1)(g), for “Human Rights Act 1998” substitute “Human Rights Act 2001 (an Act of Tynwald)”.

• (6) Omit subsection (3).

11

• (1) Section 85 of the 2002 Act is modified as follows.

• (2) In subsection (4), omit “or 83(2)”.

12

• (1) Section 86 of the 2002 Act is modified as follows.

• (2) In subsection (1), omit “or 83”.

• (3) In subsection (4), for “United Kingdom” substitute “Isle of Man”.

13

• (1) Section 87 of the 2002 Act is modified as follows.

• (2) In subsection (1), omit “or 83”.

• (3) Omit subsections (3) and (4).

14

• (1) Section 88 of the 2002 Act¹³³ is modified as follows.

• (2) In subsection (2)(c) and (d), for “United Kingdom” substitute “Isle of Man”.

• (3) For subsection (3)(c) substitute—

(c) an immigration employment document, and

• (4) After subsection (4) insert—

(5) In subsection (3)(c), “immigration employment document” means— (a) a work permit, and (b) any other document which relates to employment and is issued for a purpose of immigration rules or in connection with leave to enter or remain in the Isle of Man.

15

• (1) Section 88A of the 2002 Act¹³⁴ is modified as follows.

• (2) In subsection (1)(b), for “Secretary of State” substitute “Governor”.

16

• (1) Section 89 of the 2002 Act¹³⁵ is modified as follows.

• (2) In subsection (1), for “United Kingdom”, wherever those words occur, substitute “Isle of Man”.

17

• (1) Section 90 of the 2002 Act is modified as follows.

• (2) In subsection (1), for “United Kingdom” substitute “Isle of Man”.

18

• (1) Section 92 of the 2002 Act¹³⁶ is modified as follows.

• (2) In the heading to section 92 and in subsections (1), (3), (3D) and (4), for “United Kingdom”, wherever those words occur, substitute “Isle of Man”.

• (3) In subsection (4)(a), omit “an asylum claim, or”.

• (4) In subsection (4)(b), for “Secretary of State” substitute “Governor”.

19

• (1) Section 94 of the 2002 Act¹³⁷ is modified as follows.

• (2) For the heading to section 94 substitute “Appeal from within Isle of Man: unfounded human rights claim”.

• (3) In subsection (1), for the words from “an asylum claim” to the end substitute “a human rights claim.”.

• (4) In subsections (1A) and (2)—

• (a) for “Secretary of State” substitute “Governor”;

• (b) for the words from “the claim or claims” to the end substitute “the claim mentioned in subsection (1) above is clearly unfounded.”.

• (5) For subsections (3) and (4) substitute—

(3) If the Governor is satisfied that a human rights claimant is entitled to reside in a State specified in an order under subsection (4), he shall certify the claim under subsection (2) unless satisfied that it is not clearly unfounded. (4) The Governor may by order specify a State for the purpose of subsection (3) if he is satisfied that— (a) there is in general in that State or part no serious risk of persecution of persons entitled to reside in that State or part, and (b) removal to that State or part of persons entitled to reside there will not in general contravene the United Kingdom’s obligations under the Human Rights Convention.

• (6) Omit subsections (5) and (6).

• (7) In subsection (6A)—

• (a) for “an asylum claimant or” substitute “a”;

• (b) omit paragraphs (a) to (c).

• (8) In subsection (6B)—

• (a) for “United Kingdom” substitute “Isle of Man”;

• (b) for “Secretary of State” substitute “Governor”.

• (9) In subsection (7), for “Secretary of State” substitute “Governor”.

• (10) In subsections (8) and (9), for “United Kingdom”, wherever those words occur, substitute “Isle of Man”.

20

• (1) Section 95 of the 2002 Act is modified as follows.

• (2) In the heading to section 95 and in section 95, for “United Kingdom” substitute “Isle of Man”.

21

• (1) Section 96 of the 2002 Act¹³⁸ is modified as follows.

• (2) In subsections (1) and (2), for “Secretary of State”, wherever those words occur, substitute “Governor”.

• (3) In subsection (5), for “United Kingdom” substitute “Isle of Man”.

• (4) Omit subsection (6).

22

• (1) Section 97 of the 2002 Act is modified as follows.

• (2) In subsections (1), (3) and (4), for “Secretary of State”, wherever those words occur, substitute “Governor”.

• (3) In subsection (2)—

• (a) for “United Kingdom”, where those words first occur, substitute “Isle of Man”;

• (b) in paragraph (a), after “national security” insert “in the United Kingdom or the Isle of Man”.

23

• (1) Section 97A of the 2002 Act¹³⁹ is modified as follows.

• (2) In subsections (1) and (2)(b), for “Secretary of State” substitute “Governor”.

• (3) In subsection (1)—

• (a) for “United Kingdom” substitute “Isle of Man”;

• (b) after “national security” insert “in the United Kingdom or the Isle of Man”.

• (4) In subsection (2)—

• (a) at the end of paragraph (a) insert “and”;

• (b) at the end of paragraph (b) omit “and”;

• (c) omit paragraph (c).

• (5) Omit subsections (3) and (4).

24

• (1) Section 98 of the 2002 Act is modified as follows.

• (2) In subsections (2) and (3), for “Secretary of State”, wherever those words occur, substitute “Governor”.

• (3) In subsection (2)(a), for “United Kingdom” substitute “Isle of Man”.

25

Sections 103A to 103D of the 2002 Act¹⁴⁰ are omitted.

26

• (1) Section 103E of the 2002 Act¹⁴¹ is modified as follows.

• (2) In the heading to section 103E, for “Tribunal sitting as panel” substitute “adjudicator”.

• (3) In subsections (1), (3)(a) and (b), (4)(b), (c) and (f), for “Tribunal” substitute “adjudicator”;

• (4) In subsection (1), omit the words from “where its jurisdiction” to the end.

• (5) In subsection (2), for “appropriate appellate court” substitute “High Court”.

• (6) In subsections (3)(b) and (4), for “appropriate appellate court” substitute “High Court”.

• (7) In subsections (4)(a) and (7), for “Tribunal’s” substitute “adjudicator’s”.

• (8) Omit subsections (5) and (6).

• (9) In subsection (7)—

• (a) at the end of paragraph (a), omit “or”;

• (b) omit paragraph (b).

• (10) After subsection (7) insert—

(8) A decision of the High Court under this section shall be final.

27

• (1) Section 104 of the 2002 Act¹⁴² is modified as follows.

• (2) Omit subsections (2) and (3).

• (3) In subsections (4), (4A) and (4B)(a), for “United Kingdom”, wherever those words occur, substitute “Isle of Man”.

28

• (1) Section 105 of the 2002 Act is modified as follows.

• (2) In subsection (1), for “Secretary of State” substitute “Governor”.

29

• (1) Section 106 of the 2002 Act¹⁴³ is modified as follows.

• (2) In subsections (1) and (1A), for “Lord Chancellor” substitute “Deemsters”.

• (3) In subsection (1)(a) and (b), omit “or 83”.

• (4) In subsection (1A)—

• (a) in paragraph (a), for “the Tribunal” substitute “an adjudicator”;

• (b) in paragraph (b), for “members of the Tribunal” substitute “an adjudicator”, and for “Tribunal” (in the second place) substitute “adjudicator”.

• (5) In subsection (2)—

• (a) in paragraph (d) omit “or the Immigration Appeal Tribunal”;

• (b) in paragraphs (e), (f), (o), (p), (q), (r) and (s), omit “or the Tribunal”;

• (c) omit paragraphs (j), (k), (l), (t) to (v) and (x);

• (d) in paragraph (m), omit the words from “(which may,” to “section 101)”;

• (e) in paragraph (w), for “the Tribunal’s” substitute “an adjudicator’s”;

• (f) in paragraph (y), for “the Tribunal” substitute “an adjudicator”.

• (6) In subsection (3)—

• (a) in paragraphs (a), (d) and (e), omit “or the Tribunal”;

• (b) after paragraph (e) insert “and”;

• (c) omit the words from “and (f)” to the end.

• (7) In subsection (4) omit “or the Tribunal”.

30

• (1) Section 108 of the 2002 Act is modified as follows.

• (2) In subsection (1), omit “, 83 or 101”.

• (3) In subsection (2), omit “or the Immigration Appeal Tribunal”.

31

• (1) Section 109 of the 2002 Act is modified as follows.

• (2) In subsection (2)—

• (a) in paragraph (a), omit “or the Special Immigration Appeals Commission Act 1997 (c.68)”;

• (b) in paragraphs (b) and (c), omit “or that Act”.

• (3) In subsection (3)(a) and (b), for “United Kingdom” substitute “Isle of Man”.

32

• (1) Section 112 of the 2002 Act¹⁴⁴ is modified as follows.

• (2) In subsection (1), for “Secretary of State” substitute “Governor”.

• (3) Omit subsection (2).

• (4) Omit subsection (3A)(a) and (b).

• (5) Omit subsections (4) to (7).

33

• (1) Section 113 of the 2002 Act is modified as follows.

• (2) In subsection (1)—

• (a) omit the definition of “asylum claim”;

• (b) in the definition of “human rights claim”—

• (i) for “Secretary of State at a place designated by the Secretary of State” substitute “Governor”;

• (ii) before “United Kingdom” insert “Isle of Man or the”;

• (iii) for “Human Rights Act 1998 (c.42)” substitute “Human Rights Act 2001 (an Act of Tynwald)”.

• (3) In subsection (2), for “United Kingdom” substitute “Isle of Man”.

Part 6 – immigration procedure

34

• (1) Section 120 of the 2002 Act is modified as follows.

• (2) In subsections (1)(a) and (2)(a), (b) and (c), for “United Kingdom” substitute “Isle of Man”.

• (3) In subsection (2), for “The Secretary of State or an” substitute “An”.

35

• (1) Section 126 of the 2002 Act is modified as follows.

• (2) In subsections (1) and (4)(f), for “Secretary of State” substitute “Governor”.

• (3) In subsection (2)(b) and (c), for “United Kingdom” substitute “Isle of Man”.

• (4) Omit subsection (8).

36

• (1) Section 127 of the 2002 Act is modified as follows.

• (2) In subsections (1) and (2), for “Secretary of State” substitute “Governor”.

• (3) In subsection (1), for “United Kingdom” substitute “Isle of Man”.

37

• (1) Section 133 of the 2002 Act is modified as follows.

• (2) In subsection (2)—

• (a) for “a health service body” substitute “the Department”;

• (b) in paragraph (b), for “United Kingdom” substitute “Isle of Man”;

• (c) in paragraph (h), for “the health service body” substitute “the Department”.

• (3) For subsection (4) substitute—

(4) In this section “the Department” means the Department of Health and Social Security.

38

• (1) Section 134 of the 2002 Act is modified as follows.

• (2) In subsection (1)—

• (a) for “Secretary of State”, wherever those words occur, substitute “Governor”;

• (b) omit paragraphs (b) and (c).

39

• (1) Section 136 of the 2002 Act is modified as follows.

• (2) In subsection (1), omit “or 135”.

• (3) In subsection (3), for “Secretary of State” substitute “Governor”.

• (4) For subsection (5)(e) substitute—

(e) a day which has been declared a bank holiday under section 1 of the Bank Holidays Act 1989 (an Act of Tynwald)¹⁴⁵.

40

• (1) Section 137 of the 2002 Act is modified as follows.

• (2) In subsection (2)(a), for “imprisonment” substitute “custody”.

41

• (1) Section 138 of the 2002 Act is modified as follows.

• (2) After subsection (5) insert—

(5A) Subsection (1) shall have effect in relation to a limited liability company constituted under the Limited Liability Companies Act 1996 (an Act of Tynwald) as if— (a) a reference to a body corporate were a reference to a limited liability company, and (b) a reference to an officer of the body were a reference to a member of the company or its manager or registered agent.

42

• (1) Section 139 of the 2002 Act is modified as follows.

• (2) In subsection (1), omit “or 135”.

43

• (1) Schedule 8 to the 2002 Act is modified as follows:

• (2) Omit paragraph 2(2) and (6).

• (3) Omit paragraph 5.

• (4) Omit paragraph 6(4) and (5).

• (5) Omit paragraph 9(2)(b) and (c).

• (6) In paragraph 15, omit subparagraphs (a) to (c) and (e) to (h).

Part 7 - Offences

44

• (1) Section 144 of the 2002 Act is modified as follows.

• (2) in subsection (2), omit paragraph (d).

45

Section 145 of the 2002 Act is modified as follows.

• (1) For “United Kingdom”, in each place where it occurs, substitute “Isle of Man”.

• (2) In subsection (5)—

• (a) in paragraph (a), for “indictment” substitute “information”;

• (b) in paragraphs (a) and (b), for “imprisonment” substitute “custody”.

46

• (1) Section 146 of the 2002 Act is modified as follows.

• (2) In subsection (1)—

• (a) for “United Kingdom”, in each place where it occurs, substitute “Isle of Man”;

• (b) in paragraph (c), omit “a part of”.

• (3) Omit subsection (4).

Part 8 – general

47

• (1) Section 160 of the 2002 Act is modified as follows.

• (2) In subsection (1), for “Secretary of State or the Lord Chancellor” substitute “Governor”.

• (3) In subsections (1) and (2), for “Parliament”, wherever that word occurs, substitute “Tynwald”.

• (4) For subsection (3) substitute—

(3) Sums received under this Act shall be paid into the General Revenue of the Isle of Man.

SCHEDULE 8 — The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004

1

• (1) Section 2 of the 2004 Act is modified as follows.

• (2) In the heading to section 2 and in the following subsections—

• (a) subsection (3)(a);

• (b) subsection (4)(b), (d) and (e);

• (c) subsection (5)(b), (d) and (e);

• (d) subsection (6);

• (e) subsection (7)(b)(iii);

• (f) subsection (12), in the definition of “leave or asylum interview”; and

• (g) subsection (14),

for “United Kingdom,” wherever those words occur, substitute “Isle of Man”.

• (3) In subsection (3)(b), for “Secretary of State” substitute “Governor”.

• (4) In subsection (8), omit “or official of the Secretary of State”.

• (5) In subsection (9)—

• (a) for “imprisonment”, wherever that word occurs, substitute “custody”;

• (b) in paragraph (a), for “indictment” substitute “information”;

• (c) in paragraph (b), for “twelve” substitute “six”.

• (6) In subsection (12), in the definition of “leave or asylum interview”—

• (a) omit “or an official of the Secretary of State”;

• (b) in paragraph (b), for “Human Rights Act 1998 (c.42)” substitute “Human Rights Act 2001 (an Act of Tynwald)”.

• (7) Omit subsections (15) to (17).

2

• (1) Section 4 of the 2004 Act is modified as follows.

• (2) In subsections (1), (2) and (3), for “United Kingdom”, wherever those words occur, substitute “Isle of Man”.

• (3) In subsection (4)(b), for the words from “Human Organ Transplants Act 1989” to the end substitute “Human Organ Transplants Act 1993 (an Act of Tynwald)¹⁴⁶”.

• (4) In subsection (5)—

• (a) for “imprisonment”, wherever that word occurs, substitute “custody”;

• (b) in paragraph (a), for “indictment” substitute “information”;

• (c) in paragraph (b), for “twelve” substitute “six”.

3

• (1) Section 5 of the 2004 Act is modified as follows.

• (2) In subsection (1)—

• (a) for “United Kingdom”, wherever those words occur, substitute “Isle of Man”;

• (b) in paragraph (c), omit “a part of”.

• (3) Omit subsections (6) to (13).

4

• (1) Section 6 of the 2004 Act is modified as follows.

• (2) Omit subsection (2).

5

• (1) Section 14 of the 2004 Act is modified as follows.

• (2) For subsection (2) substitute—

(2) Those offences are— (a) the offence of conspiracy under section 330 of the Criminal Code 1872 (an Act of Tynwald)¹⁴⁷ (in relation to conspiracy to defraud), (c) an offence under section 70 of the Criminal Code 1872 (an Act of Tynwald) (bigamy), (d) an offence under section 3 or 4 of the Perjury Act 1952 (an Act of Tynwald)¹⁴⁸ (false statements), (e) an offence under section 7 of that Act (aiding, abetting &c.) if it relates to an offence under section 3 or 4 of that Act, (g) an offence under any of the following provisions of the Theft Act 1981 (an Act of Tynwald)¹⁴⁹— (i) section 1 (theft), (ii) section 14 (obtaining property by deception), (iii) section 15 (obtaining pecuniary advantage by deception), (iv) section 16 (obtaining services by deception), (v) section 19 (false accounting), (vi) section 24 (handling stolen goods), (m) an offence under any of the following provisions of the Forgery Act 1952 (an Act of Tynwald)¹⁵⁰— (i) section 3 (forgery of certain documents with intent to defraud or deceive), (ii) section 6 (uttering), (p) an offence under section 4 of this Act.

• (3) Omit subsection (4).

6

• (1) Section 17 of the 2004 Act is modified as follows.

• (2) For “Secretary of State”, wherever those words occur, substitute “Governor”.

• (3) In paragraph (a), for “United Kingdom” substitute “Isle of Man”.

7

• (1) Section 19 of the 2004 Act is modified as follows.

• (2) For the heading to section 19 substitute “Procedure for marriage”.

• (3) In subsection (1)(a), for the words from “superintendent registrar” to the end substitute “registrar under Part 3 of the Marriage Act 1984 (an Act of Tynwald), and ”.

• (4) In subsection (2), for the words from “section 27” to the end substitute “section 20 of the Marriage Act 1984 (an Act of Tynwald) shall be delivered to the registrar or registrars in person by the two parties to the marriage”.

• (5) In subsection (3)—

• (a) omit “superintendent”;

• (b) in paragraphs (a) and (b), for “United Kingdom” substitute “Isle of Man”;

• (c) in paragraphs (b) and (c), for “Secretary of State” substitute “Governor”.

• (6) In subsection (4)—

• (a) in paragraph (a)(ii), for “United Kingdom” substitute “Isle of Man”;

• (b) in paragraph (d), for “Registrar General” substitute “Chief Registrar”.

8

• (1) Section 20 of the 2004 Act is modified as follows.

• (2) For the heading to section 20 substitute “Procedure for marriage: supplemental”.

• (3) In subsection (1), for “Marriage Act 1949 (c.76)” substitute “Marriage Act 1984 (an Act of Tynwald)”.

• (4) In subsection (2)—

• (a) in paragraph (a), for “section 28(1)(b)” substitute “section 21(1)(b)”;

• (b) omit “(a)” and the words from “and (b)” to the end.

• (c) In subsection (3)—

• (d) for “Secretary of State” substitute “Governor”;

• (e) for “section 19(2)(a) or (3)(c)” substitute “section 19(3)(c)”;

• (f) omit “(a)” and the words from “or (b)” to the end.

• (5) Omit subsections (4) and (6).

• (6) In subsection (5), for “Marriage Act 1949 (c.76)” substitute “Marriage Act 1984 (an Act of Tynwald)”.

9

• (1) Section 25 of the 2004 Act is modified as follows.

• (2) For section 25 substitute—

(25) (1) The Governor may make regulations which— (a) require a person seeking permission under section 19(3)(b) to make an application in writing, or (b) specify the information to be contained in, or provided with, the application, and how and to whom the fee in respect of that application is to be paid. (2) In such regulations, the reference to the fee to be paid shall be taken to be a reference to the fee to be paid in connection with such an application payable by virtue of an order made under section 51(1) of the Immigration, Asylum and Nationality Act 2006.

10

• (1) Section 26 of the 2004 Act is modified as follows.

• (2) In subsection (6), for “that Act” substitute “the Nationality, Immigration and Asylum Act 2002”.

11

• (1) Section 35 of the 2004 Act is modified as follows.

• (2) In subsections (1), (2) and (3), for “Secretary of State”, wherever those words occur, substitute “Governor”.

• (3) In subsections (1)(b) and (7), for “United Kingdom”, wherever those words occur, substitute “Isle of Man”.

• (4) In subsection (4)—

• (a) in paragraph (a), for “indictment” substitute “information”;

• (b) in paragraphs (a) and (b), for “imprisonment” substitute “custody”;

• (c) in paragraph (b), for “twelve” substitute “six”.

• (5) In subsection (7), in the definition of “removal from the Isle of Man”—

• (a) at the end of paragraph (a) insert “or”;

• (b) at the end of paragraph (b) omit “or”;

• (c) omit paragraph (c).

• (6) Omit subsection (8) to (11).

12

• (1) Section 36 of the 2004 Act is modified as follows.

• (2) In subsection (1)(d)—

• (a) in subparagraph (i), omit “or bail bond”;

• (b) in subparagraph (ii)—

• (i) for “the sheriff, the Asylum and Immigration Tribunal, the Secretary of State” substitute “the Governor”;

• (ii) at the end, omit “and”;

• (c) omit subparagraph (iii).

• (3) In subsection (4), omit “or bail bond”.

• (4) In subsections (8) and (10)(b), for “Secretary of State” substitute “Governor”.

• (5) Omit subsections (11)(c) and (d) and (12).

13

• (1) Section 42 of the 2004 Act¹⁵¹ is modified as follows.

• (2) In subsections (1), (1)(b), (5)(b) and (6). for “Secretary of State” substitute “Governor”.

• (3) In subsection (2)(b), (c) and (f), for “United Kingdom” substitute “Isle of Man”.

• (4) Omit subsection (3).

• (5) In subsection (4), omit “or (3)(b)”.

• (6) After subsection (6) insert—

(6A) In relation to an application for or relating to a work permit, the references in this section to the Governor shall be construed as references to the Department of Trade and Industry.

• (7) Omit subsections (7) and (8).

14

• (1) Section 45 of the 2004 Act is modified as follows.

• (2) For “Secretary of State” substitute “Governor”.

SCHEDULE 9 — The Immigration, Asylum and Nationality Act 2006

1

• (1) Section 7 of the 2006 Act is modified as follows.

• (2) Omit subsection (2).

2

• (1) Section 11 of the 2006 Act is modified as follows.

• (2) Omit subsection (6).

3

• (1) Section 27 of the 2006 Act is modified as follows.

• (2) Omit subsection (2).

4

• (1) Section 28 of the 2006 Act is modified as follows.

• (2) Omit subsection (4).

5

• (1) Section 50 of the 2006 Act is modified as follows.

• (2) In subsection (2), for “Secretary of State” substitute “Council of Ministers”.

• (3) Omit subsection (3).

6

• (1) Section 51 of the 2006 Act is modified as follows.

• (2) In subsections (1), (2) and (3), for “Secretary of State” substitute “Governor”.

• (3) In subsection (4), for “Consolidated Fund” substitute “General Revenue of the Isle of Man”.

7

• (1) Section 52 of the 2006 Act is modified as follows.

• (2) In subsection (1)—

• (a) for “United Kingdom” substitute “Isle of Man”;

• (b) for paragraph (a) substitute—

(a) the Fees and Duties Act 1989 (an Act of Tynwald)¹⁵², and

• (3) At the end of (3)(c), (4)(a) and (5)(a) omit “and”.

• (4) Omit subsections (2), (3)(d), (4)(b) and (5)(b).

• (5) In subsection (6), for “United Kingdom” substitute “Isle of Man”.

8

• (1) Section 54 of the 2006 Act is modified as follows.

• (2) In subsection (2), for “Terrorism Act 2000 (c.11)” substitute “Anti-Terrorism and Crime Act 2003 (an Act of Tynwald)¹⁵³”.

9

• (1) Section 64 of the 2006 Act is modified as follows.

• (2) Omit subsections (2)(c) and (3).

SCHEDULE 10 — The text of immigration legislation as extended to the Isle of Man

PART 1 — The Immigration Act 1971

PART 2 — The Immigration Act 1988

PART 3 — The Asylum and Immigration Act 1996

PART 4 — The Immigration and Asylum Act 1999

PART 5 — The Nationality, Immigration and Asylum Act 2002

PART 6 — The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004

PART 7 — The Immigration, Asylum and Nationality Act 2006

Signed

Judith Simpson — Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order extends certain provisions of United Kingdom immigration and related legislation to the Isle of Man, with modifications as necessary. In particular, this Order extends provision contained in the following statutes—

• (a) the Immigration Act 1971 (c.77);

• (b) the Immigration Act 1988 (c.14);

• (c) the Asylum and Immigration Act 1996 (c.49);

• (d) the Immigration and Asylum Act 1999 (c.33);

• (e) the Nationality, Immigration and Asylum Act 2002 (c.41);

• (f) the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c.19);

• (g) the Immigration, Asylum and Nationality Act 2006 (c.13).

The Order revokes and replaces the Immigration (Isle of Man) Order 1991 (S.I. 1991/2630) and Immigration (Isle of Man) Order 1997 (S.I. 1997/275).

Footnotes