SCHEDULE
Article 2
EXCEPTIONS, ADAPTATIONS AND MODIFICATIONS TO PROVISIONS OF THE REPATRIATION OF PRISONERS ACT 1984 AS EXTENDED TO THE ISLE OF MAN
1. In section 14, after subsection (1) insert—
“1A The Secretary of State may not give his agreement for the transfer of any person into or out of the Isle of Man except with the consent of the Department of Home Affairs.”.
2. In section 25—
(a) for subsection (4)(b) substitute—
“(b)
“(b) to provide for the prisoner to be treated as having been released on licence under paragraph 2(1)(b) or (2), 4(4) or 6(1) or (2) of Schedule 2 to the Custody Act 1995 (an Act of Tynwald).”; and
(b) for subsection (6) substitute—
“6 In subsection (5) above—
“hospital order” means an order made under section 54(1)(b) of the Criminal Jurisdiction Act 1993 (an Act of Tynwald) or an equivalent order under paragraph 2(1) of Schedule 2A to the Summary Jurisdiction Act 1989 (an Act of Tynwald), or any order or direction made under another enactment but having the same effect as such an order;
“restriction order” means an order made under section 54(10) of the said Act of 1993 or any order or direction made under another enactment but having the same effect as such an order.”.
3. In section 36, after subsection (8) insert—
“9 The provisions contained by virtue of subsection (1)(c) above in a warrant under this Act shall, in the case of a prisoner to whom paragraph 5 (transferred life detainees) of Schedule 2 to the Custody Act 1995 (an Act of Tynwald) applies, include provision specifying the relevant part of his sentence within the meaning of paragraph 4 (discretionary life detainees) of that Schedule.”.
4. In section 5(6)7, in the definition of “British ship”, for “1894” substitute “1995”.
5. In section 7, omit subsections (1) and (5).
6. In section 8, after subsection (1) insert—
“1A Except in section 1(1)(a) (in the first place), section 8(1) and the Schedule, any reference in this Act to the United Kingdom shall be construed as including a reference to the Isle of Man.
1B Any reference in this Act to this Act or a provision of this Act shall be construed as a reference to this Act or that provision as it has effect in the Isle of Man.
1C Any reference in this Act to an Act of Tynwald shall be construed as including a reference to that Act as amended or replaced by or under any other Act of Tynwald.”.
7. In section 9, omit subsections (2), (3) and (4).
8.—(1) The Schedule is modified as follows.
(2) In paragraph 1, for “United Kingdom” substitute “Isle of Man”.
(3) For paragraph 28substitute—
“2.—(1) In determining for the purposes of any of the provisions of Schedule 2 to the Custody Act 1995 (an Act of Tynwald) whether the prisoner has at any time served a particular proportion or part of his sentence specified in that provision the prisoner’s sentence shall, subject to sub-paragraph (2) below, be deemed to begin with the day on which the relevant provisions take effect.
(2) If the warrant specifies a period to be taken into account for the purposes of paragraph 4(4) and (6) of the said Schedule 2—
(a)
(a) the amount of time the prisoner has served, and
(b)
(b) where his sentence is a determinate one, his sentence,
shall, so far only as the question whether he has served any particular proportion or part of his sentence is concerned, be deemed to be increased by that period.
(3) The following questions, namely—
(a)
(a) whether the prisoner is a long-term detainee for the purposes of the said Schedule 2, and
(b)
(b) whether or not he is an existing detainee for the purposes of Part 2 of Schedule 3 to the said Act of 1995,
shall be determined by...
