The Immigration (Isle of Man) Order 1991

Statutory Instruments

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 1971(1), section 53(5) of the British Nationality Act 1981(2), section 81(11) of the Criminal Justice Act 1982(3), section 2(3) of the Immigration (Carriers' Liability) Act 1987(4) and section 12(5) of the Immigration Act 1988(5), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

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

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.

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.

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 1964(6).

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

Article 3(1)

SCHEDULE 1

PART I THE 1971 ACT

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”.

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

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”.

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”.

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”.

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).

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)”.

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”.

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”.

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

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

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”.

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

14.  In section 28 (proceedings)—

(a) for subsection (1) substitute—

“(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).

15.  In section 29 (contributions for expenses of persons returning abroad)(16)—

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

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

(c) in subsection (1) after the word “Treasury” insert “of the Isle of Man”.

16.  In section 31 (expenses)—

(a) for the word “Parliament” substitute “Tynwald”;

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

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

(d) omit paragraph (c); and

(e) in paragraph (d) omit the words “23 or”.

17.  In section 32 (general provisions as to orders, etc.)—

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

(b) in subsections (3) and (4) omit the words “or proceedings under Part II of this Act”.

18.  In section 33 (interpretation)(17)—

(a) in subsection (1)—

(i) after the definition of “certificate of entitlement” insert—

““constable” means any officer or member of the Isle of Man Constabulary, and “chief constable” shall be construed accordingly;”,

(ii) in the definitions of “entrant”, “entry clearance”, “limited leave” and “work permit” for the words “United Kingdom” substitute “Isle of Man”,

(iii) in the definition of “entry clearance” omit the words “visa, entry certificate or other”, and

(iv) after the definition of “legally adopted” insert—

““Lieutenant-Governor” means the Lieutenant-Governor of the Isle of Man and includes a deputy or acting Governor or Lieutenant-Governor;”

(b) in subsection (2A) for the words “United Kingdom” substitute “Isle of Man”;

(c) in subsection (3) for the words “Secretary of State made by statutory instrument” substitute “Lieutenant-Governor”; and

(d) omit subsection (4).

19.  In section 37 (short title and extent) omit subsection (2).

20.  In Schedule 2 (administrative provisions as to control on entry, etc.)(18)—

(a) in paragraph 1—

(i) in sub-paragraph (1) for the words after “appointed by the” substitute “Lieutenant-Governor”,

(ii) in sub-paragraph (2) for the words from “by the Secretary of State” to “and the Secretary of State”, and in sub-paragraph (3) for the words after “instructions as may be given them”, substitute “by the Isle of Man Department of Health and Social Security in pursuance of arrangements made between that Department and the Lieutenant-Governor”,

(iii) in sub-paragraph (3) for the words “Secretary of State”, where first occurring, substitute “Lieutenant-Governor”, and

(iv) in sub-paragraph (5) for the words “United Kingdom” substitute “Isle of Man”;

(b) in paragraphs 2 and 3 for the words “United Kingdom”, wherever occurring, substitute “Isle of Man”;

(c) in paragraph 4(4) omit the words “on appeal under this Act or”;

(d) in paragraph 5—

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

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

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

(e) in paragraphs 6 to 9 for the words “United Kingdom”, wherever occurring, substitute “Isle of Man”;

(f) at the end of paragraph 7 insert—

“(2) The references in this paragraph to a medical officer of health include references to a fully registered person within the meaning of the Medical Act 1985 (an Act of Tynwald) appointed for the purposes of this paragraph by the Isle of Man Department of Health and Social Security.”;

(g) in paragraph 10 for the words “Secretary of State”, wherever occurring, substitute “Lieutenant-Governor”;

(h) in paragraphs 12 and 13 for the words “United Kingdom”, wherever occurring, substitute “Isle of Man”;

(i) in paragraph 14 for the words “Secretary of State”, wherever occurring, substitute “Lieutenant-Governor”, and

(j) in paragraph 16 for the words “United Kingdom”, wherever occurring, substitute “Isle of Man”;

(k) in paragraph 17(2) omit—

(i) sub-paragraph (b), and

(ii) the words “acting for the police area in which the premises are situated or in Northern Ireland any constable”;

(l) in paragraph 18—

(i) in sub-paragraphs (1) and (2) for the words “Secretary of State” substitute “Lieutenant-Governor”, and

(ii) in sub-paragraph (3) for the words “United Kingdom” substitute “Isle of Man”;

(m) in paragraph 19—

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

(ii) in sub-paragraph (1) for the words “Secretary of State” substitute “Lieutenant-Governor”,

(iii) in sub-paragraph (3) omit the words from “or if he is” to “such a refusal),”, and

(iv) for sub-paragraph (4) substitute—

“(4) The expenses to which sub-paragraph (1) above applies include expenses in conveying the person in question to and from the place where he is detained or accommodated.”;

(n) in paragraph 20—

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

(ii) in sub-paragraph (1) for the words “Secretary of State” substitute “Lieutenant-Governor”, and

(iii) for sub-paragraph (3) substitute—

“(3) The expenses to which sub-paragraph (1) above applies include expenses in conveying the person concerned to and from the place where he is detained or accommodated.”;

(o) in paragraph 21 for the words “United Kingdom”, wherever occurring, substitute “Isle of Man”;

(p) omit paragraphs 22 to 25;

(q) in paragraphs 26 and 27—

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

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

(r) in paragraph 27(2) omit the words “made by statutory instrument”; and

(s) omit paragraphs 28 to 33.

21.  In Schedule 3 (supplementary provision as to deportation)(19)—

(a) in paragraph 1—

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

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

(b) in paragraph 2—

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

(ii) omit sub-paragraph (2) and the references to it in sub-paragraphs (3), (4) and (6), and

(iii) in sub-paragraph (3) for the words “United Kingdom” substitute “Isle of Man”;

(c) omit paragraph 3;

(d) for paragraph 6 substitute—

“6.— (1) In this Schedule “the appropriate court” means—

(a) where the court which directed release was a court of summary jurisdiction, a court of summary jurisdiction;

(b) where the court which directed release was the Court of General Gaol Delivery, that Court;

(c) where the court which directed release was the Staff of Government Division on appeal from the Court of General Gaol Delivery, that Division or that Court;

(d) where the court which directed release was the staff of Government Division on appeal from a court of summary jurisdiction, that Division or a court of summary jurisdiction.

(2) In this paragraph “the Staff of Government Division” means the Staff of Government Division of Her Majesty’s High Court of Justice of the Isle of Man.”;

(e) in paragraph 7—

(i) in sub-paragraph (1) for the words “relevant part of the United Kingdom” substitute “Isle of Man”, and

(ii) omit sub-paragraph (2);

(f) in paragraph 8(1)—

(i) for the words “England and Wales or Northern Ireland” substitute “the Isle of Man”, and

(ii) omit the words “for the petty sessions area or district in which he was arrested”;

(g) omit paragraph 9; and

(h) in paragraph 10 omit the words “or court” and “or 9”.

22.—(1) For the heading to Schedule 4 substitute—

“INTEGRATION WITH ISLE OF MAN LAW OF IMMIGRATION LAWS OF THE UNITED KINGDOM AND OF THE CHANNEL ISLANDS”.

(2) In Schedule 4—

(a) for the words “any of the Islands”, wherever occurring, substitute “the United Kingdom or any of the Channel Islands”;

(b) after the word “island”, wherever occurring, insert “or, as the case may be, the United Kingdom,”;

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

(d) in paragraph 1—

(i) in sub-paragraph (3) omit the words “and subject to the like appeal if any”, and

(ii) omit sub-paragraph (5); and

(e) in paragraph 3(2) for the words “Secretary of State” substitute “Lieutenant-Governor”.

Article 3(2)

PART II THE 1981 ACT

In Schedule 8 omit paragraphs 6 to 8.

Article 3(3)

PART III THE 1987 ACT

1.  In section 1 (liability of carriers for passengers without proper documents)—

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

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

(c) in subsection (3) for the words from “by statutory instrument” to “Parliament” substitute “with the approval of Tynwald”; and

(d) in subsection (5) for the words “Consolidated Fund” substitute “General Revenue of the Isle of Man”.

2.  In section 2 (short title, etc.)—

(a) omit subsection (3); and

(b) in subsection (4)—

(i) for the words “United Kingdom” substitute “Isle of Man”; and

(ii) for the words “4th March 1987” substitute “16th June 1989”.

Article 3(4)

PART IV THE 1988 ACT

1.  In section 2 (restriction on exercise of right of abode in cases of polygamy)—

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

(b) in subsection (10) for the words “and any appeal proceedings relating to it have” substitute “has”; and

(c) after subsection (10) insert—

“(11) This section does not apply to a woman who has made an application for a certificate of entitlement in respect of the right of abode mentioned in subsection (1)(a) before 27th November 1991.”.

2.  In section 7 (persons exercising Community rights and nationals of member States)—

(a) in subsection (1) for the words “the United Kingdom in any case in which he is entitled to do so” substitute “the Isle of Man where he is entitled to enter or remain in the United Kingdom”; and

(b) in subsection (2) for the words “The Secretary of State may by order made by statutory instrument give leave to enter the United Kingdom” substitute “The Lieutenant-Governor may by order give leave to enter the Isle of Man”.

3.  In section 8 (examination of passengers prior to arrival) for the words “United Kingdom”, wherever occurring, substitute “Isle of Man”.

4.  In section 9 (charges)—

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

(b) in subsection (3) for the words after “exercisable” substitute “with the approval of Tynwald”.

5.  In section 11 (expenses and receipts)—

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

(b) in subsection (1) for the word “Parliament” substitute “Tynwald”; and

(c) in subsection (2) for the words “Consolidated Fund” substitute “General Revenue of the Isle of Man”.

6.  In section 12 (short title, etc.) for subsections (3) to (5) substitute—

“(3) Except as provided in subsection (4) below this Act shall come into force on 27th November 1991.

(4) Section 7(1) shall come into force on the day when the corresponding provision of the Immigration Act 1988 is brought into force by an order under section 12(4) of that Act.

(5) The reference in subsection (4) to the Immigration Act 1988 is a reference to that Act as it has effect in the United Kingdom.”

Article 3(5)

SCHEDULE 2 AMENDING PROVISIONS

Act	Provisions extending to the Isle of Man	Modifications
The British Nationality Act 1981(20)	Section 39(1), (2), (4), (6) and (8) and Schedule 4	In paragraph 2 of Schedule 4 omit the words “Section 14(2)”.
		In paragraph 3(1) of Schedule 4 for the words “sections 13(2), 22(4)(a) and (5)(a)” substitute “section”.
	Section 52(8) and Schedule 9 so far as they relate to provisions of the 1971 Act other than Schedule 1	In Schedule 9 omit the repeals in section 9(5) of, and of section 30(1) of, the 1971 Act.
The Criminal Justice Act 1982(21)	Section 64 and Schedule 10
The Immigration Act 1988(22)	Section 3(1) and (3)	In section 3(3) for the words “subsections (3) and (5)” to “1981 are” substitute “subsection (3) of section 39 of the British Nationality Act 1981 is”.
	Section 4
	Section 6(1) and (3)
	Section 10 and in the Schedule paragraphs 1, 2, 5 to 8, 9(1), (2) and (4) and 10	In paragraph 9(4) of the Schedule for “United Kingdom” substitute “Isle of Man”.

Article 5

SCHEDULE 3 REVOCATIONS

Orders revoked	References	Extent of revocation
The Immigration (Isle of Man) Order 1972	S.I. 1972/1720	The whole Order.
The Immigration (Isle of Man) (Variation) Order 1982	S.I. 1982/1835	The whole Order.
The Criminal Justice Act 1982 (Isle of Man) Order 1983	S.I. 1983/1898	Article 2(2)(c)(vi). Article 3. Schedule 2.
The Immigration (Isle of Man) (Variation) Order 1989	S.I. 1989/847	The whole Order.

Explanatory Note

(This note is not part of the Order)

This Order consolidates, with minor amendments, the Orders listed in Schedule 3 (which extended to the Isle of Man, with modifications, provisions of the Immigration Act 1971 as amended from time to time, the British Nationality Act 1981, the Criminal Justice Act 1982 and the Immigration (Carriers' Liability) Act 1987), and extends to the Isle of Man, with modifications, provisions of the Immigration Act 1988.

(1)

1971 c. 77.

(2)

1981 c. 61.

(3)

1982 c. 48.

(4)

1987 c. 24.

(5)

1988 c. 14.

(6)

1964 c. 5.

(7)

Section 1(5) was repealed by the Immigration Act 1988, section 1.

(8)

Section 3 was amended by the British Nationality Act 1981 (c. 61), section 39(3) and (6) and Schedule 4 paragraphs 2 and 4, and by the Immigration Act 1988, section 3(1).

(9)

Section 4 was amended by the British Nationality Act 1981, section 39(6) and Schedule 4 paragraph 2.

(10)

Section 5 was amended by the British Nationality Act 1981, section 39(6) and Schedule 4 paragraph 2.

(11)

Section 6 was amended by the British Nationality Act 1981, section 39(6) and Schedule 4 paragraph 2.

(12)

Section 8 was amended by the British Nationality Act 1981, section 39(4) and (6) and Schedule 4 paragraphs 2 and 5, and by the Immigration Act 1988, section 4.

(13)

Section 9 was amended by the British Nationality Act 1981, section 39(6) and Schedule 4 paragraph 2.

(14)

Section 24 was amended by the British Nationality Act 1981, section 39(6) and Schedule 4 paragraph 2, and by the Immigration Act 1988, sections 6 and 10 and Schedule paragraph 10(3).

(15)

Section 25 was amended by the British Nationality Act 1981, section 39(6) and Schedule 4 paragraph 6.

(16)

Section 29 was amended by the British Nationality Act 1981, section 39(6) and Schedule 4 paragraph 2.

(17)

Section 33 was amended by the British Nationality Act 1981, section 39(6) and Schedule 4 paragraphs 2, 3(2) and 7, and by the Immigration Act 1988, section 10 and Schedule paragraph 5.

(18)

Schedule 2 was amended by the British Nationality Act 1981, section 39(6) and Schedule 4 paragraphs 2 and 3(1), and by the Immigration Act 1988, section 10 and Schedule paragraphs 6 to 10.

(19)

Schedule 3 was amended by the Criminal Justice Act 1982 (c. 48), section 64 and Schedule 10, and by the Immigration Act 1988, section 10 and Schedule paragraph 10(2).

(20)

1981 c. 61.

(21)

1982 c. 48.

(22)

1988 c. 14.