Immigration (Isle of Man) Order 1991

JurisdictionUK Non-devolved
CitationSI 1991/2630

1991 No. 2630

IMMIGRATION

The Immigration (Isle of Man) Order 1991

Made 19th November 1991

Coming into force 27th November 1991

At the Court at Buckingham Palace, the 19th day of November 1991

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by section 36 of the Immigration Act 19711, section 53(5) of the British Nationality Act 19812, section 81(11) of the Criminal Justice Act 19823, section 2(3) of the Immigration (Carriers' Liability) Act 19874and section 12(5) of the Immigration Act 19885, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

S-1 This Order may be cited as the Immigration (Isle of Man) Order...

1. This Order may be cited as the Immigration (Isle of Man) Order 1991 and shall come into force on 27th November 1991.

S-2 In this Order— “the 1971 Act ” means the Immigration Act 1971;...

2. In this Order—

the 1971 Act” means the Immigration Act 1971;

the 1981 Act” means the British Nationality Act 1981;

the 1987 Act” means the Immigration (Carriers' Liability) Act 1987; and

the 1988 Act” means the Immigration Act 1988.

S-3 Sections 1 to 9, 11, 24 to 29, 31, 32, 33 and 37 of the 1971...

3.—(1) Sections 1 to 9, 11, 24 to 29, 31, 32, 33 and 37 of the 1971 Act and Schedules 2 to 4 and 6 to that Act shall extend, with the modifications specified in Part I of Schedule 1 to this Order, to the Isle of Man.

(2) Section 52(7) of the 1981 Act and Schedule 8 to that Act, so far as they relate to the 1971 Act, shall extend, with the modifications specified in Part II of Schedule 1 to this Order, to the Isle of Man.

(3) The 1987 Act shall extend, with the modifications specified in Part III of Schedule 1 to this Order, to the Isle of Man.

(4) Sections 2, 7(2) and (3), 8, 9, 11 and 12 of the 1988 Act, and section 7(1) of the 1988 Act when brought into force in the United Kingdom, shall extend, with the modifications specified in Part IV of Schedule 1 to this Order, to the Isle of Man.

(5) The provisions specified in the first two columns of Schedule 2 to this Order (“the amending provisions”) shall extend, with the modifications specified in the third column, to the Isle of Man, and accordingly the references in paragraph (1) to provisions of the 1971 Act are to provisions of that Act as amended by the amending provisions.

S-4 Subject to paragraph (2), and unless the contrary intention...

4.—(1) Subject to paragraph (2), and unless the contrary intention appears, for the purposes of construing provisions of the 1971 Act, the 1981 Act, the 1987 Act and the 1988 Act, as extended by article 3, as part of the law of the Isle of Man, any reference to an enactment which extends to the Isle of Man shall be construed as a reference to that enactment as it has effect in the Isle of Man.

(2) Paragraph (1) does not apply to the reference in section 8(4) of the 1971 Act to the International Headquarters and Defence Organisations Act 19646.

S-5 The Orders specified in Schedule 3 to this Order are revoked to...

5. The Orders specified in Schedule 3 to this Order are revoked to the extent specified.

G. I. de Deney

Clerk of the Privy Council

SCHEDULE 1

Article 3(1)

SCHEDULE 1

1 THE 1971 ACT

PART I

THE 1971 ACT

SCH-1.1

1. In section 1 (general principles)7

(a) for the words “United Kingdom”, wherever occurring, substitute “Isle of Man”;

(b) in subsection (3) for the words “any of the Islands (that is to say, the Channel Islands and the Isle of Man)” substitute “the United Kingdom, any of the Channel Islands”; and

(c) in subsection (4) for the words “Secretary of State” substitute “Lieutenant-Governor”.

SCH-1.2

2. In section 2 (right of abode) for the words “United Kingdom”, wherever occurring, substitute “Isle of Man”.

SCH-1.3

3. In section 3 (general provisions for regulation and control)8

(a) in subsection (1) for the words “United Kingdom”, wherever occurring, substitute “Isle of Man”;

(b) in subsection (2)—

(i) for the words “Secretary of State”, where first occurring, substitute “Lieutenant-Governor”,

(ii) for the word “Parliament”, where first occurring, substitute “Tynwald”, and

(iii) for the words “United Kingdom” substitute “Isle of Man”,

(iv) for the words after “or nationality).” substitute—

“If a statement laid before Tynwald under this subsection is disapproved by resolution passed at the sitting before which it is so laid or at the next following sitting of Tynwald then the Lieutenant-Governor shall make changes or further changes in the rules as appear to him to be required in the circumstances and the statement of those changes shall be laid before Tynwald at the sitting next following that at which the said resolution was passed.”;

(c) in subsections (3) to (7) for the words “United Kingdom”, wherever occurring, substitute “Isle of Man”;

(d) in subsection (5) for the words “Secretary of State” substitute “Lieutenant-Governor”;

(e) in subsection (7) omit the words from “Any Order in Council” to the end; and

(f) in subsection (9) for the words “United Kingdom”, where first occurring, substitute “Isle of Man”.

SCH-1.4

4. In section 4 (administration of control)9

(a) for the words “United Kingdom”, wherever occurring, substitute “Isle of Man”;

(b) for the words “Secretary of State”, wherever occurring, substitute “Lieutenant-Governor”; and

(c) in subsections (3) and (4)—

(i) omit the words “made by statutory instrument”, and

(ii) for the words “either House of Parliament” substitute “Tynwald”.

SCH-1.5

5. In section 5 (deportation)10

(a) for the words “United Kingdom”, wherever occurring, substitute “Isle of Man”; and

(b) for the words “Secretary of State”, wherever occurring, substitute “Lieutenant-Governor”.

SCH-1.6

6. In section 6 (recommendations by court for deportation)11

(a) in subsection (1) omit the proviso;

(b) in subsection (2) for the words from “adjournment” to “Northern Ireland” substitute “a court to adjourn”;

(c) in subsection (3)(b) for the words “first offenders” substitute “persons who have not previously been sentenced to imprisonment”;

(d) in subsection (5) for the words after “on which it is made;” substitute “but the recommendation shall be treated as a sentence for the purpose of any enactment providing an appeal against sentence.”;

(e) in subsection (6) omit the words after “bringing that appeal”; and

(f) omit subsection (7).

SCH-1.7

7. In section 7 (exemption from deportation)—

(a) in subsection (1)—

(i) for the words “United Kingdom”, where first occurring, substitute “Isle of Man”, and

(ii) for the words “Secretary of State's”, wherever occurring, substitute “Lieutenant-Governor's”; and

(b) in subsection (4) for the words from “section 67” to “1962)” substitute “section 21 of the Criminal Justice Act 1963 (an Act of Tynwald)”.

SCH-1.8

8. In section 8 (exceptions for seamen, etc.)12

(a) in subsection (1) for the words “United Kingdom”, wherever occurring, substitute “Isle of Man”; and

(b) in subsection (2)—

(i) for the words “Secretary of State” substitute “Lieutenant-Governor”, and

(ii) for the words after “class of persons,” substitute “shall be subject to annulment in pursuance of a resolution of Tynwald.”;

(c) in subsection (3) after the words “otherwise entitled” insert “within the United Kingdom”; and

(d) in subsections (3A), (4)(b) and (5A), and wherever occurring in subsections (5) and (6), for the words “United Kingdom” substitute “Isle of Man”.

SCH-1.9

9. In section 9 (common travel area)13

(a) in subsection (1)—

(i) omit the words “Subject to subsection (5) below,”, and

(ii) for the words “in the United Kingdom of the operation in any of the Islands” substitute “in the Isle of Man of the operation in the United Kingdom or any of the Channel Islands”;

(b) in subsection (2)—

(i) for the words “United Kingdom”, wherever occurring, substitute “Isle of Man”,

(ii) for the words “any of the Islands” substitute “the United Kingdom or any of the Channel Islands”, and

(iii) for the words “Secretary of State” substitute “Lieutenant-Governor”;

(c) in subsection (3) for the words “United Kingdom” substitute “Isle of Man”;

(d) in subsection (4)—

(i) for the words “United Kingdom”, wherever occurring, substitute “Isle of Man”, and

(ii) for the words “Secretary of State” substitute “Lieutenant-Governor”;

(e) omit subsection (5);

(f) in subsections (6) and (7) for the words “Secretary of State” substitute “Lieutenant-Governor”; and

(g) in subsection (7) for the words after “this section” substitute “shall be subject to annulment in pursuance of a resolution of Tynwald”.

SCH-1.10

10. In section 11 (construction of references to entry, etc.) for the words “United Kingdom”, wherever occurring, substitute “Isle of Man”.

SCH-1.11

11. In section 24 (illegal entry and similar offences)14for the words “United Kingdom”, wherever occurring, substitute “Isle of Man”.

SCH-1.12

12. In section 25 (assisting illegal entry, and harbouring)15

(a) for the words “United Kingdom”, wherever occurring, substitute “Isle of Man”; and

(b) in subsections (1) and (6) for the word “indictment” substitute “information”.

SCH-1.13

13. In section 27 (offences by persons connected with ships, etc.) for the words “United Kingdom”, wherever occurring, substitute “Isle of Man”.

SCH-1.14

14. In section 28 (proceedings)—

(a) for subsection (1) substitute—

SCH-1.1

“1 Where the offence is one to which, under section 24, 25 or 26 above, an extended time limit for prosecution is to apply, then a complaint relating to the offence may be tried by a court of summary jurisdiction if it is made within six months after the commission of the offence, or if it is made within three years after the commission of the offence and not more than two months after the date certified by the chief constable to be the date on which evidence sufficient to justify proceedings came to the notice of an officer of the police force.”; and

(b) omit subsection (2).

SCH-1.15

15....

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