The Immigration (Isle of Man) (Amendment) Order 2019

Immigration Act 2014 extended in modified form — Schedule 9A amended

18.—(1) Schedule 9A(1) (which sets out the modifications subject to which the 2014 Act extends to the Isle of Man) is amended as follows.

(2) At the beginning of the Schedule insert the following paragraphs—

“A1.— (1) Section 8 of the 2014 Act is modified as follows.

(2) In subsection (2), in the text to be inserted into section 126 of the Nationality, Immigration and Asylum Act 2002 —

(a) omit paragraph (d);

(b) in paragraph (e) —

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

(ii) for the words following “provision made under” substitute “section 2B of the European Communities (Isle of Man) Act 1973 (of Tynwald) (2).”.

A2.— (1) Section 12 of the 2014 Act is modified as follows.

(2) In subsection (3) —

(a) in the text of subsection (1A)(b) inserted into section 15 of the 2007 Act, for “Secretary of State” substitute “Minister”; and

(b) omit subsection (1C) which is inserted into the said section 15 in the United Kingdom.

A3.— (1) Section 13 of the 2014 Act is modified as follows.

(2) In subsection (2), in the sub-paragraph (8)(b) inserted into paragraph 4 of Schedule 2 to the 1971 Act for “Secretary of State” substitute “Minister”.

A4.— (1) Section 14 of the 2014 Act is modified as follows.

(2) In subsection (1) in the text of the substituted section 8 of the UK Borders Act 2007 —

(a) in subsection (1) —

(i) for “The Secretary of State must” substitute “After consulting the Governor, the Minister must”;

(ii) for “the Secretary of State of” substitute “the Governor or the Minister (as the case requires) of”;

(b) in subsection (2) for “the Secretary of State” substitute “the Governor or the Minister”;

(c) in subsection (3)(b) for “the Secretary of State” substitute “the Governor or the Minister”;

(d) in subsection (5) —

(i) for “the Secretary of State”, where it first occurs, substitute “the Governor or the Minister”;

(ii) for “the Secretary of State”, where it occurs for the second time, substitute “the Governor or the Minister (as the case requires)”;

(iii) in paragraph (b) for “the United Kingdom” substitute “the Isle of Man”.

(e) in subsection (6)(b), for “the Secretary of State” substitute “the Governor or the Minister (as the case requires)”.

(e) in subsection (8) —

(i) in paragraph (a), for “the Secretary of State to the effect that the Secretary of State” substitute “the Governor or the Minister (as the case requires) to the effect that he”;

(ii) in paragraph (b) for “received by the Secretary of State” substitute “received by the Governor or the Minister (as the case requires)”; and

(f) omit subsection (9).”.

(3) In paragraph 1(5)—

(a) in paragraph (a), in the inserted definition of “the appropriate authority”, for paragraph (a) substitute—

“(a) in relation to functions exercised in the Isle of Man—

(i) so far as they relate to nationality, the Governor; and

(ii) otherwise, the Minister; and”; and

(b) in paragraph (d), in paragraph (b) of the inserted definition of “the relevant jurisdiction”, for “the Governor,” substitute “the Governor or the Minister,”.

(1)

Schedule 9A was added by S.I. 2015/1765, art. 7.

(2)

AT 14 of 1973.