The Immigration (Isle of Man) Order 2008

JurisdictionUK Non-devolved
CitationSI 2008/680

2008 No. 680

Immigration

The Immigration (Isle of Man) Order 2008

Made 12th March 2008

Coming into force in accordance with Article 1(2)

At the Court at Buckingham Palace, the 12th day of March 2008

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in pursuance of the powers conferred on Her by the enactments specified in Schedule 1, is pleased, by and with the advice of Her Privy Council, to order as follows:

Citation and commencement
S-1 Citation and commencement

Citation and commencement

1.—(1) This Order may be cited as the Immigration (Isle of Man) Order 2008.

(2) This Order shall come into force—

(a)

(a) on 13th March 2008, for the purpose of enabling rules, regulations and orders to be made under any enactment which extends to the Isle of Man by virtue of this Order;

(b)

(b) on 1st May 2008, for all other purposes.

Interpretation
S-2 Interpretation

Interpretation

2. In this Order—

the 1971 Act” means the Immigration Act 19711;

“the 1981 Act” means the British Nationality Act 19812;

the 1988 Act” means the Immigration Act 19883;

the 1996 Act” means the Asylum and Immigration Act 19964;

the 1999 Act” means the Immigration and Asylum Act 19995;

“the 2002 Act” means the Nationality, Immigration and Asylum Act 20026;

“the 2004 Act” means the Asylum and Immigration (Treatment of Claimants, etc.) Act 20047;

“the 2006 Act” means the Immigration, Asylum and Nationality Act 20068.

Revocation of existing Orders
S-3 Revocation of existing Orders

Revocation of existing Orders

3. The following Orders are revoked—

Transitional provisions
S-4 Transitional provisions

Transitional provisions

4. The transitional provisions in Schedule 2 shall have effect.

General modifications
S-5 General modifications

General modifications

5. Unless the context otherwise requires, in any enactment which extends to the Isle of Man by virtue of this Order—

(a) any reference to—

(i) an enactment which extends to the Isle of Man (whether by virtue of this Order or otherwise), or

(ii) a provision of any such enactment,

shall be construed as a reference to that enactment or provision as it has effect in the Isle of Man;

(b) any expression which is not defined in that enactment but is defined in the Interpretation Act 1976 (an Act of Tynwald)11shall have the meaning assigned to it by that Act;

(c) any reference to a named Department (including the Treasury) is to the Department of the Isle of Man Government so named.

Extension of the Immigration Act 1971 to the Isle of Man

Extension of the Immigration Act 1971 to the Isle of Man

S-6 The following provisions of the 1971 Act shall extend to the...

6.—(1) The following provisions of the 1971 Act shall extend to the Isle of Man subject to the modifications specified in Schedule 3.

(2) The provisions are—

(a)

(a) Part 1 (regulations of entry and stay);

(b)

(b) Part 3 (criminal proceedings);

(c)

(c) Part 4 (supplementary provisions), except for sections 29 (contributions to expenses), 30 (return of mental patients), 34 (repeal, transitional and temporary provision), 35 (commencement and interim provisions) and 36 (power to extend to Islands).

S-7 For ease of reference, the provisions of the 1971 Act as...

7. For ease of reference, the provisions of the 1971 Act as modified and extended to the Isle of Man are set out in Part 1 of Schedule 10.

Extension of the British Nationality Act 1981 to the Isle of Man
S-8 Extension of the British Nationality Act 1981 to the Isle of Man

Extension of the British Nationality Act 1981 to the Isle of Man

8.—(1) The following provisions of the 1981 Act shall extend to the Isle of Man.

(2) The provisions are—

(a)

(a) subsections (1), (2) and (4) of section 39 (amendment of Immigration Act 1971);

(b)

(b) subsection (6) of section 39 in so far as necessary for the purposes of the next subparagraph;

(c)

(c) the following paragraphs of Schedule 4 (amendments of Immigration Act 1971)

(i) paragraph 1;

(ii) paragraph 2, except in so far as it relates to the following provisions of the 1971 Act—

(aa) subsections (5) and (7) of section 3 (general provisions for regulation and control);

(bb) subsection (2) of section 14 (appeals against conditions);

(cc) subsection (1) of section 29 (contributions towards expenses);

(dd) paragraph 3(1) of Schedule 4 (integration of immigration laws);

(iii) paragraph 3 in so far as it relates to the following provisions of the 1971 Act—

(aa) subsection (1)(d) of section 26 (general offences in connection with administration of Act);

(bb) paragraph 19(2) of Schedule 2 (administrative provisions as to control and entry);

(iv) paragraph 5;

(v) paragraph 7.

Extension of the Criminal Justice Act 1982 to the Isle of Man
S-9 Extension of the Criminal Justice Act 1982 to the Isle of Man

Extension of the Criminal Justice Act 1982 to the Isle of Man

9. — Section 64 (person recommended by courts for deportation) of, and Schedule 10 (amendment of Schedule 3 to the 1971 Act) to, the Criminal Justice Act 198212shall extend to the Isle of Man.

Extension of the Immigration Act 1988 to the Isle of Man

Extension of the Immigration Act 1988 to the Isle of Man

S-10 The following provisions of the 1988 Act shall extend to the...

10.—(1) The following provisions of the 1988 Act shall extend to the Isle of Man subject to the modifications specified in Schedule 4.

(2) The provisions are—

(a)

(a) section 2 (restrictions on exercise of right of abode in cases of polygamy);

(b)

(b) subsection (3) of section 3 (proof of right of abode) in so far as it amends subsection (2) of section 2 (statement of right of abode) of the 1971 Act;

(c)

(c) subsections (1) and (2) of section 6 (amendment to section 24 of the 1971 Act);

(d)

(d) section 7 (persons exercising Community rights and nationals of member States);

(e)

(e) section 10 (minor amendments) in so far as necessary for the purposes of the next subparagraph;

(f)

(f) the following paragraphs of the Schedule (minor amendments)—

(i) paragraphs 1 and 2;

(ii) paragraph 5;

(iii) paragraph 7(1);

(iv) paragraph 8(1) and (2);

(v) paragraph 9(1) and (2);

(vi) paragraph 10(1), (2) and (3);

(g)

(g) section 11 (expenses and receipts); and

(h)

(h) section 12 (short title and interpretation).

S-11 For ease of reference, the provisions of the 1988 Act as...

11. For ease of reference, the provisions of the 1988 Act as modified and extended to the Isle of Man (except for provisions which amend or repeal other enactments) are set out in Part 2 of Schedule 10.

Extension of the Asylum and Immigration Act 1996 to the Isle of Man

Extension of the Asylum and Immigration Act 1996 to the Isle of Man

S-12 The following provisions of the 1996 Act shall extend to the...

12.—(1) The following provisions of the 1996 Act shall extend to the Isle of Man subject to the modifications specified in Schedule 5.

(2) The provisions are—

(a)

(a) section 6 (increased penalties);

(b)

(b) section 8 (restrictions on employment);

(c)

(c) section 8A (code of practice);

(d)

(d) subsection (1) of section 12 (other amendments and repeals) in so far as necessary for the purposes of the next subparagraph;

(e)

(e) the following paragraphs of Schedule 2 (amendments of the 1971 Act and the Immigration Act 1988)

(i) paragraph 1(1);

(ii) paragraph 2;

(iii) paragraph 4(1);

(iv) paragraphs 5 and 6;

(v) paragraphs 8 to 13;

(f)

(f) section 13 (short title and interpretation).

S-13 For ease of reference, the provisions of the 1996 Act as...

13. For ease of reference, the provisions of the 1996 Act as modified and extended to the Isle of Man (except for provisions which amend or repeal other enactments) are set out in Part 3 of Schedule 10.

Extension of the Immigration and Asylum Act 1999 to the Isle of Man

Extension of the Immigration and Asylum Act 1999 to the Isle of Man

S-14 The following provisions of the 1999 Act shall extend to the...

14.—(1) The following provisions of the 1999 Act shall extend to the Isle of Man subject to the modifications specified in Schedule 6.

(2) The provisions are—

(a)

(a) in Part 1 (immigration: general)—

(i) sections 1 to 3 (leave to enter, or remain in, the United Kingdom);

(ii) sections 6 to 8 (exemption from immigration control);

(iii) section 10 (removal of certain persons unlawfully in the United Kingdom);

(iv) section 13 (proof of identity of persons to be removed or deported);

(v) section 14 (escorts for persons removed under directions);

(vi) sections 16 and 17 (provision of financial security);

(vii) sections 18 and 19 (information);

(viii) section 22 (restrictions on employment: code of practice);

(ix) section 24 (duty to report suspicious marriages.);

(x) sections 25 and 26 (immigration control: facilities and charges);

(xi) section 28 (offences: deception);

(xii) section 30 (offences: false statements, etc);

(b)

(b) in Part 2 (carriers’ liability)—

(i) sections 32 to 37 and Schedule 1 (sale of transporters);

(ii) subsection (2) of section 38 (assisting illegal entry and harbouring);

(iii) sections 40 to 40B (passengers without proper documents);

(iv) section 43 (interpretation of Part 2);

(c)

(c) in Part 3 (bail), section 54 (extension of right to apply for bail in deportation cases);

(d)

(d) in Part 7 (power to arrest, search and fingerprint), sections 128 to 146;

(e)

(e) in Part 10 (miscellaneous and supplemental)—

(i) sections 165 to 168 (miscellaneous and supplemental);

(ii) subsection (1) of section 169 (minor and consequential amendments, etc) in so far as necessary for the purposes of the next sub-subparagraph;

(iii) the following paragraphs of Schedule 14 (consequential amendments)—

(aa) paragraphs 43 to 45;

(bb) paragraph 52;

(cc) paragraphs 54 to 65;

(dd) paragraphs 67 and 68;

(ee) paragraph 70;

(iv) subsection (3) of section 169 (repeals) in so far as necessary for the purposes of the next sub-subparagraph;

(v) Schedule 16 (repeals), in so far as it relates to provisions of the...

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