The Immigration (Isle of Man) (Amendment) Order 2020

Amendment of Schedule 3

6.—(1) Schedule 3 (which sets out the modifications subject to which the Immigration Act 1971 extends to the Isle of Man) is amended as follows.

(2) In paragraph 2, after sub-paragraph (3) insert—

“(4) In subsection (2), for “and section 5(2)” substitute “, section 5(2) and section 25”.”.

(3) In paragraph 15—

(a) after sub-paragraph (1) insert—

“(1A) In the heading, for “international obligations” substitute “certain instruments”.”;

(b) for sub-paragraph (2C) substitute—

“(2C) For subsection (4) substitute—

“(4) “Excluded person” means a person—

(a) named by or under, or of a description specified in, an instrument falling within subsection (5); or

(b) who, under regulations under section 1 of the Sanctions and Anti-Money Laundering Act 2018 (referred to in this section as “the 2018 Act”) (as that section has effect in the United Kingdom), is an excluded person for the purposes of this section as it has effect in the United Kingdom (see section 4 of the 2018 Act as it has effect there).”.”;

(c) in sub-paragraph (3A), for the text of inserted subsection (5A)(b) substitute—

“(b) the person is within subsection (4)(a) and not within subsection (4)(b) and has been exempted from the application of subsection (1),(2) or (3), as the case may be, under a process applying by virtue of the instrument falling within subsection (5).”.

(4) In paragraph 21—

(a) after sub-paragraph (1) insert—

“(1A) In the heading, after “member State” insert “or the United Kingdom”.

(1B) In subsection (1)—

(a) in each place where it appears, for “not” substitute “neither”; and

(b) in each place where it appears, after “citizen of the European Union” insert “nor a national of the United Kingdom”.

(1C) In subsection (2)—

(a) after “member State” insert “or the United Kingdom”;

(b) after “of the State” insert “or, as the case may be, of the United Kingdom”; and

(c) in paragraphs (a), (b) and (c), after “the State” insert “or the United Kingdom”.

(1D) After subsection (2), insert—

“(2A) In subsections (1) and (2), “national of the United Kingdom” means—

(a) a British citizen;

(b) a person who is a British subject by virtue of Part 4 of the British Nationality Act 1981(1) and who has the right of abode in the United Kingdom; or

(c) a person who is a British overseas territories citizen by virtue of a connection with Gibraltar.”.”;

(b) for sub-paragraph (2) substitute—

“(2) For subsection (4) substitute—

“(4) Subsection (1) applies to things done whether inside or outside the Isle of Man.”.”;

(c) for sub-paragraph (4) substitute—

“(4) In subsection (7)—

(a) in paragraph (a), for the words from “a State” to the end substitute “Norway or Iceland”; and

(b) in paragraph (b), for “a State on that list”, substitute “Norway or Iceland”.”.

(5) In paragraph 24, after sub-paragraph (2) insert—

“(3) In subsection (9)(a), after “a member State” insert “or the United Kingdom”.”.

(1)

1981 c. 61.