The Global Human Rights Sanctions (Isle of Man) Order 2020

JurisdictionUK Non-devolved
CitationSI 2020/774

2020 No. 774

Sanctions

The Global Human Rights Sanctions (Isle of Man) Order 2020

Made 21th July 2020

Coming into force 22th July 2020

At the Court at Windsor Castle, the 21st day of July 2020

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred on Her by section 63(3)(b) and (4) of the Sanctions and Anti-Money Laundering Act 20181, is pleased, by and with the advice of Her Privy Council, to make the following Order:

S-1 Citation, commencement and extent

Citation, commencement and extent

1.—(1) This Order may be cited as the Global Human Rights Sanctions (Isle of Man) Order 2020 and comes into force on 22nd July 2020.

(2) This Order extends to the Isle of Man.

S-2 Extension of the Global Human Rights Sanctions Regulations 2020

Extension of the Global Human Rights Sanctions Regulations 2020

2. The Global Human Rights Sanctions Regulations 20202as amended from time to time extend to the Isle of Man with the modifications specified in the Schedule.

S-3 Extension of the Sanctions and Anti-Money Laundering Act 2018

Extension of the Sanctions and Anti-Money Laundering Act 2018

3.—(1) Subject to the modifications set out in sub-paragraphs (a) and (c), the following provisions of the Sanctions and Anti-Money Laundering Act 2018 extend to the Isle of Man for the purposes of the Global Human Rights Sanctions Regulations 2020 as modified and extended to the Isle of Man by this Order—

(a)

(a) section 43 (guidance about regulations under section 1), except that, in its application to the Isle of Man—

(i) the reference in subsection (1) of that section to regulations under section 1 is to be read as a reference to the Global Human Rights Sanctions Regulations 2020 as modified and extended to the Isle of Man by this Order, and

(ii) the reference in subsection (1) of that section to the appropriate Minister who made the regulations is to be read as a reference to the Treasury;

(b)

(b) section 44 (protection for acts done for purposes of compliance);

(c)

(c) section 53 (saving for prerogative powers), except that, in its application to the Isle of Man, the reference in subsection (1) of that section to the United Kingdom is to be read as a reference to the Isle of Man.

(2) In this article, “Treasury” has the meaning given in the Interpretation Act 2015 (of Tynwald)3.

Richard Tilbrook

Clerk of the Privy Council

SCHEDULE

Article 2

Modifications to be made in the extension of the Global Human Rights Sanctions Regulations 2020 to the Isle of Man

SCH-1.1

1 In regulation 1 (citation and commencement)—

SCH-1.a

a in the heading, omit “and commencement”;

SCH-1.b

b omit paragraph (2).

SCH-1.2

2 In regulation 2 (interpretation)—

SCH-1.a

a the existing text becomes paragraph (1);

SCH-1.b

b in that paragraph, in the appropriate place, insert—

““Treasury” has the meaning given in the Interpretation Act 2015 (of Tynwald)4;”;

SCH-1.c

c after that paragraph insert—

SCH-1.2

2. In these Regulations, all references to Manx legislation (within the meaning of section 9 of the Interpretation Act 2015 (of Tynwald)) are to be construed as references to that legislation as amended from time to time.”

SCH-1.3

3 In regulation 3 (application of prohibitions and requirements outside the United Kingdom)—

SCH-1.a

a in the heading, for “United Kingdom” substitute “Isle of Man”;

SCH-1.b

b in paragraphs (1) and (4), for “A United Kingdom person” substitute “An Island person”;

SCH-1.c

c in paragraphs (1), (4) and (7), for “United Kingdom” substitute “Isle of Man”;

SCH-1.d

d in paragraphs (2) and (5), after “in the territorial sea” insert “of the Isle of Man”;

SCH-1.e

e at the end, insert—

SCH-1.8

8. In this regulation—

“Island person” means a person who is—

(a) an individual ordinarily resident in the Isle of Man who is—

(i) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,

(ii) a person who under the British Nationality Act 19815is a British subject, or

(iii) a British protected person within the meaning of that Act, or

(b) a body incorporated or constituted under the law of the Isle of Man;

“territorial sea of the Isle of Man” means the territorial sea adjacent to the Isle of Man.”

SCH-1.4

4 Omit regulation 5 (power to designate persons) (including the heading).

SCH-1.5

5 Omit regulation 6 (designation criteria) (including the heading).

SCH-1.6

6 For regulation 8 (notification and publicity where designation power used), substitute—

Requirement to publish a list of designated persons

SCH-1.1

1. Subject to paragraph (2), the Treasury must—

(a) publish a list of designated persons, and

(b) keep the list up to date.

SCH-1.2

2. Where, in accordance with regulation 8 (notification and publicity where designation power used) (as it has effect in the United Kingdom) the Secretary of State is not required to publicise generally a designation, variation or revocation, the Treasury must not include in the list under paragraph (1) any details of that designation, variation or revocation.

SCH-1.3

3. The Treasury may publish the list under paragraph (1) in any form the Treasury considers appropriate, including by means of a website.

SCH-1.4

4. For the purpose of this regulation, “designated person” means any person for the time being designated by the Secretary of State under regulation 5 (as it has effect in the United Kingdom).”

SCH-1.7

7 In regulation 9 (confidential information in certain cases where designation power used)—

SCH-1.a

a in the heading, omit “where designation power used”;

SCH-1.b

b omit paragraph (1);

SCH-1.c

c in paragraph (2)(a), for “that is to be treated as confidential in accordance with paragraph (1)” substitute “which the Secretary of State has specified is to be treated as confidential under regulation 9(1) (as it has effect in the United Kingdom)”;

SCH-1.d

d in paragraph (4)(c), for “enactment” substitute “Manx legislation (within the meaning of section 9 of the Interpretation Act 2015 (of Tynwald))”;

SCH-1.e

e omit paragraph (7);

SCH-1.f

f omit paragraph (8).

SCH-1.8

8 In regulation 10 (meaning of “designated person” in Part 3), for “under regulation 5 for the purposes of regulations 11 to 15” substitute “from time to time by the Secretary of State under regulation 5 (as it has effect in the United Kingdom) for the purposes of regulations 11 to 15 (as they have effect in the United Kingdom)”.

SCH-1.9

9 For regulation 17 (immigration) substitute—

“A person who is designated from time to time by the Secretary of State under regulation 5 (as it has effect in the United Kingdom) for the purposes of regulation 17 (as it has effect in the United Kingdom) is an excluded person for the purposes of section 8B of the Immigration Act 19716(as it has effect in the Isle of Man).”

SCH-1.10

10 In regulation 18 (finance: exceptions from prohibitions)—

SCH-1.a

a omit paragraph (6);

SCH-1.b

b in paragraph (7), for the definition of “relevant institution” substitute—

““relevant institution” means—

(a) a person who is licensed under the Financial Services Act 2008 (of Tynwald)7to carry on a regulated activity within the meaning of section 3 of that Act,

(b) a person who is authorised or registered under the Insurance Act 2008 (of Tynwald)8or who holds a permit under that Act,

(c) a person who is registered under the Moneylenders Act 1991 (of Tynwald)9to carry on the business of lending money, or

(d) a person who is acting as a trustee or an administrator of a retirement benefits scheme within the meaning of the Retirement Benefits Schemes Act 2008 (of Tynwald)10.”

SCH-1.c

c omit paragraph (8).

SCH-1.11

11 For regulation 19 (exception for acts done for purposes of national security or prevention of serious crime), substitute—

SCH-1.1

1. Where an act would, in the absence of this paragraph, be prohibited by regulation 9(2) (confidentiality) or any prohibition in Part 3 (Finance), that prohibition does not apply to the act if the act is one which—

(a) a UK responsible officer has determined would be in the interests of—

national security, or

the prevention or detection of serious crime in the United Kingdom or elsewhere, or

(b) an Island responsible officer has determined would be in the interests of the prevention or detection of serious crime in the Isle of Man or elsewhere.

SCH-1.2

2. Where, in the absence of this paragraph, a thing would be required to be done under or by virtue of a provision of Part 6 (Information and records), that requirement does not apply if—

(a) a UK responsible officer has determined that not doing the thing in question would be in the interests of—

national security, or

the prevention or detection of serious crime in the United Kingdom or elsewhere, or

(b) an Island responsible officer has determined that not doing the thing in question would be in the interests of the prevention or detection of serious crime in the Isle of Man or elsewhere.

SCH-1.3

3. In this regulation—

“Department of Home Affairs” means the Department of Home Affairs of the Isle of Man established under section 1 of the Government Departments Act 1987 (of Tynwald)11;

“Island responsible officer” means a person—

(a) in the service of the Crown or holding office under the Crown in the Isle of Man,

(b) appointed by the Public Services Commission, or

(c) appointed as a constable by the Department of Home Affairs,

acting in the course of that person’s duty;

“Public Services Commission” means the Public Services Commission established by the Public Services Commission Act 2015 (of Tynwald)12;

“UK responsible officer” means a person in the service of the Crown or holding office under the Crown in the United Kingdom, acting in the course of that person’s duty.”

SCH-1.12

12 In regulation 20 (Treasury licences)—

SCH-1.a

a in paragraph (3), for “consider” substitute “considers”;

SCH-1.b

b in paragraph (4), for “issue” substitute “issues”;

SCH-1.c

c in paragraph (5), for “issue, vary...

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