The Immigration (Isle of Man) Order 2008

Article 12

SCHEDULE 5 The Asylum and Immigration Act 1996

1.—(1) Section 8 of the 1996 Act(1) is modified as follows.

(2) In subsection (1)(a), for “United Kingdom” substitute “Isle of Man”.

(3) In subsection (1) and (2), for “Secretary of State” substitute “Department of Trade and Industry”.

(4) In subsection (4)(a), for “indictment” substitute “information”.

(5) After subsection (6B) insert—

“(6C) Subsection (5) shall have effect in relation to a limited liability company constituted under the Limited Liability Companies Act 1996 (an Act of Tynwald) as if—

(a) a reference to a body corporate were a reference to a limited liability company, and

(b) a reference to an officer of the body were a reference to a member of the company or its manager or registered agent.”.

(6) Omit subsection (7).

(7) Omit subsection (9).

2.—(1) Section 8A of the 1996 Act(2) is modified as follows.

(2) For subsection (1) substitute—

“(1) Codes of practice issued under this section as it has effect in the United Kingdom shall apply in respect of the Isle of Man—

(a) with the modification that references to unlawful discrimination shall be construed as references to discrimination in contravention of section 2(1) of the Race Relations Act 2004 (an Act of Tynwald)(3), and

(b) with any other necessary modifications.”.

(3) Omit subsections (2) to (8).

(4) For subsection (10) substitute—

“(10) But the code is admissible in evidence in proceedings before the Employment Tribunal under the Employment Act 2006 (an Act of Tynwald)(4).”.

(5) Omit subsections (12) and (13).

3.—(1) Section 13 of the 1996 Act is modified as follows.

(2) For the heading to section 13 substitute “Short title and interpretation”.

(3) In subsection (2)—

(a) in the definition of “the 1971 Act”, at the end insert “as that Act has effect in the Isle of Man”;

(b) omit the definition of “the 1993 Act”;

(c) in the definition of “person subject to immigration control”, for “United Kingdom” substitute “Isle of Man”.

(4) Omit subsections (3) to (6).

(1)

Section 8 was amended by section 147 of the Nationality, Immigration and Asylum Act 2002 (c.41).

(2)

Section 8A was inserted by section 22 of the Immigration and Asylum Act 1999 (c.33).

(3)

2004 c.6 (Isle of Man).

(4)

2006 c.21 (Isle of Man).