The Immigration (Isle of Man) (Amendment) (No. 3) Order 2020

Made: 16th December 2020

Coming into force in accordance with article 1(2)

At the Court at Windsor Castle, the 16th day of December 2020Present,The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred by section36 of the Immigration Act 1971[^f00001], section 12(5) of the Immigration Act 1988[^f00002], section 163(4) of the Nationality, Immigration and Asylum Act 2002[^f00003], section 60(4) of the UK Borders Act 2007[^f00004] and section 8(2), (3) and (4) of the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020[^f00005], is pleased by and with the advice and consent of her Privy Council, to order as follows.

Citation and commencement

1

• (1) This Order may be cited as the Immigration (Isle of Man) (Amendment) (No. 3) Order 2020.

• (2) This Order comes into force on such day or days as the Minister may by order appoint.

• (3) Section 34 of the Legislation Act 2015[^f00006] (an Act of Tynwald) (Tynwald procedure: laying only) applies to an order under paragraph (2).

Interpretation of this Order

2

In this Order, “the principal Order” means the Immigration (Isle of Man) Order 2008[^f00007] and terms defined in that Order have the same meaning in this Order.

Amendment of principal Order

3

The principal Order is amended as follows.

Article 2 amended (interpretation)

4

In article 2, after the definition of “the 2016 Act” insert—

• “the 2020 Act” means the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020.

Article 10 amended (extension of the Immigration Act 1988)

5

In article 10(2), omit sub-paragraph (d).

Article 16 amended (extension of the Nationality, Immigration and Asylum Act 2002)

6

In article 16(2), omit sub-paragraph (c)(viii).

Article 23 inserted (extension of the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020)

7

After article 22A insert—

(23) (1) The following provisions of the 2020 Act shall extend to the Isle of Man subject to the modifications specified in Schedule 10. (2) The provisions are— (a) section 1 (repeal of the main EU law relating to free movement etc); (b) section 2 (Irish citizens: entitlement to enter or remain without leave); (c) section 4 (meaning of “the Immigration Acts” etc); (d) section 5 (consequential etc provision); (e) section 10 (short title); (f) paragraph 6 of Schedule 1 (EU-derived rights etc).

Schedule 3 amended (modifications subject to which the Immigration Act 1971 applies)

8

In Schedule 3 to the principal Order, after paragraph 4 insert—

(4A) (1) Section 3ZA of the 1971 Act[^f00008] is modified as follows. (2) For “Secretary of State” wherever occurring, substitute “Minister”. (3) For “United Kingdom” wherever occurring, substitute “Isle of Man”.

Schedule 4 amended (modifications subject to which the Immigration Act 1988 applies)

9

In Schedule 4 to the principal Order, omit paragraph 2 (which states the modifications to section 7 of that Act).

Schedule 7 amended (modifications subject to which the Nationality, Immigration and Asylum Act 2002 applies)

10

• (1) Schedule 7 to the principal Order is amended as follows.

• (2) In paragraph 29(3) after “or 83” insert “and also omit “or by virtue of section 109””.

• (3) Omit paragraph 31 (which states the modifications to section 109 of that Act).

SCHEDULE — Schedule to be inserted as Schedule 10 to the principal Order

Signed

Richard Tilbrook — Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order amends the Immigration (Isle of Man) Order 2008 (S.I. 2008/680) so as to extend certain provisions of the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 to the Isle of Man to reflect the withdrawal of the United Kingdom from the European Union, principally ending rights to free movement of persons under retained EU law and for connected purposes.

Footnotes

[^f00001]: 1971 c.77.

[^f00002]: 1988 c.14.

[^f00003]: 2002 c.41.

[^f00004]: 2007 c.30.

[^f00005]: 2020 c.20.

[^f00006]: AT 10 of 2015.

[^f00007]: S.I. 2008/680. Relevant amendments are made by S.I. 2011/1158 and 1408, S.I. 2015/1765, S.I. 2016/156 and 755, S.I. 2019/562, S.I. 2020/1214 and 1322.

[^f00008]: Section 3ZA was inserted by section 2 of the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020.

[^f00009]: Section 106(1) was repealed in relation to the UK by S.I. 2010/21, but remains in operation in the Isle of Man.

[^f00010]: AT 11 of 2015.

[^f00011]: AT 2 of 2019.