The Immigration (Isle of Man) (Amendment) (No. 3) Order 2020

Citation and commencement

1.—(1) This Order may be cited as the Immigration (Isle of Man) (Amendment) (No. 3) Order 2020.

(2) This Order comes into force on such day or days as the Minister may by order appoint.

(3) Section 34 of the Legislation Act 2015(1) (an Act of Tynwald) (Tynwald procedure: laying only) applies to an order under paragraph (2).

Interpretation of this Order

2.  In this Order, “the principal Order” means the Immigration (Isle of Man) Order 2008(2) and terms defined in that Order have the same meaning in this Order.

Amendment of principal Order

3.  The principal Order is amended as follows.

Article 2 amended (interpretation)

4.  In article 2, after the definition of “the 2016 Act” insert—

““the 2020 Act” means the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020.”.

Article 10 amended (extension of the Immigration Act 1988)

5.  In article 10(2), omit sub-paragraph (d).

Article 16 amended (extension of the Nationality, Immigration and Asylum Act 2002)

6.  In article 16(2), omit sub-paragraph (c)(viii).

Article 23 inserted (extension of the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020)

7.  After article 22A insert—

“Extension of the 2020 Act to the Isle of Man

23.— (1) The following provisions of the 2020 Act shall extend to the Isle of Man subject to the modifications specified in Schedule 10.

(2) The provisions are—

(a) section 1 (repeal of the main EU law relating to free movement etc);

(b) section 2 (Irish citizens: entitlement to enter or remain without leave);

(c) section 4 (meaning of “the Immigration Acts” etc);

(d) section 5 (consequential etc provision);

(e) section 10 (short title);

(f) paragraph 6 of Schedule 1 (EU-derived rights etc).”.

Schedule 3 amended (modifications subject to which the Immigration Act 1971 applies)

8.  In Schedule 3 to the principal Order, after paragraph 4 insert—

“4A.— (1) Section 3ZA of the 1971 Act(3) is modified as follows.

(2) For “Secretary of State” wherever occurring, substitute “Minister”.

(3) For “United Kingdom” wherever occurring, substitute “Isle of Man”.”.

Schedule 4 amended (modifications subject to which the Immigration Act 1988 applies)

9.  In Schedule 4 to the principal Order, omit paragraph 2 (which states the modifications to section 7 of that Act).

Schedule 7 amended (modifications subject to which the Nationality, Immigration and Asylum Act 2002 applies)

10.—(1) Schedule 7 to the principal Order is amended as follows.

(2) In paragraph 29(3) after “or 83” insert “and also omit “or by virtue of section 109””.

(3) Omit paragraph 31 (which states the modifications to section 109 of that Act).

Richard Tilbrook

Clerk of the Privy Council