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

Article 19

SCHEDULE 2 Schedule to be inserted as Schedule 9B to the principal Order

Article 22A(1)

“SCHEDULE 9B The Immigration Act 2016

1.— (1) Section 55 of the 2016 Act is modified as follows.

(2) In subsection (2), for “Secretary of State” substitute “Minister or Governor”.

(3) For subsection (3) substitute—

“(3) For everything following “held by” substitute “a public authority or a specified person for purposes specified in relation to that authority or person”.”.

(4) Omit subsection (5).

(5) In subsection (6)—

(a) in the inserted subsection (2B) for “Secretary of State” substitute “Minister”;

(b) after “article.” insert—

“(2C) The Governor may—

(a) retain for nationality purposes a document or article supplied to him under subsection (2), and

(b) dispose of a document or article supplied to him under subsection (2) in such manner as he thinks appropriate (and the reference to use in subsection (2) includes a reference to disposal)).

(2D) Subsection (2C)(a) does not affect any other power of the Governor to retain a document or article.”.

(6) In subsection (7), for “after paragraph (d) insert” substitute “omit paragraph (d) and, at the point where that paragraph was, insert”;

(7) In subsection (8), for the text of the inserted subsection (3A) substitute—

“(3A) “Public authority” means—

(a) a Department (within the meaning of the Government Departments Act 1987 of Tynwald (AT 13 of 1987); or

(b) the Secretary of State.”.

(8) In subsection (11), in the text of the inserted section 20A of the 1999 Act —

(a) for “Secretary of State”, wherever occurring, including in the section heading, substitute “Minister”;

(b) in subsections (2)(a), (8)(a) and (14)(b) for “the United Kingdom” substitute “the Isle of Man”;

(c) for subsection (13) substitute—

“(13) Regulations under subsection (12) may not amend Schedule A1 so as to apply this section Tynwald, either Branch of Tynwald or a person exercising functions in connection with proceedings in Tynwald.”.

(9) Omit subsection (12).

2.   For the text of Schedule A1 to the 1999 Act substitute the following—

Section 20A

“SCHEDULE A1 Persons to whom section 20A applies

Law enforcement

1.   The chief constable of the Isle of Man Constabulary.

Local government

2.   The Douglas Corporation.

3.   The Commissioners of a parish district.

4.   The Commissioners of a town district.

5.   The Commissioners of a village district.

6.   A joint board.

7.   A joint committee.

Education bodies

8.   The proprietor of a school, college, university or institution of higher education.

9.   The governing body of a school, college, university or institution of higher education.

Registration officials

10.   The Registrar General appointed under section 4(2) of the Central Registry Act 2018 (an Act of Tynwald: AT 13 of 2018) and any person serving in the Civil Registry within the meaning of section 4(10) of that Act.

Interpretation

11.   In this Schedule—

(a) terms used paragraphs 1 to 7 which are defined in the Local Government Act 1985 (an Act of Tynwald: AT 24 of 1985) have the same meanings here as in that Act;

(b) terms used in paragraphs 8 and 9 which are defined in the Education Act 2001 (an Act of Tynwald: AT 9 of 2001) have the same meanings here as in that Act.”.”