The Haiti (Sanctions) (Isle of Man) Order 2022

Article 2

SCHEDULE U.K. Modifications to be made in the extension of the Haiti (Sanctions) Regulations 2022 to the Isle of Man

1.  In regulation 1 (citation and commencement)— U.K.

(a) in the heading, omit “and commencement”;

(b) omit paragraph (2).

Commencement Information

I1 Sch. para. 1 in force at 28.12.2022, see art. 1(1)

2.  In regulation 2 (interpretation)— U.K.

(a) the existing text becomes paragraph (1);

(b) in the renumbered paragraph (1)—

(i) for the definition of “CEMA” substitute—

““CEMA” means the Customs and Excise Management Act 1986 (of Tynwald)(1);”;

(ii) omit the definition of “the Commissioners”;

(iii) omit the definition of “United Kingdom person”;

(iv) in the appropriate place, insert—

““Department of Home Affairs” means the Department of Home Affairs of the Isle of Man established under section 1 of the Government Departments Act 1987 (of Tynwald)(2);”;

““the Export Control Order 2008” means the Export Control Order 2008, as it has effect in the Isle of Man from time to time(3);”;

““international obligation” means an obligation of the United Kingdom and the Isle of Man created or arising by or under any international agreement;”;

““Island person” means a person who is—

(a)

an individual ordinarily resident in the Isle of Man who is—

(i)

a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,

(ii)

a person who under the British Nationality Act 1981(4) is a British subject, or

(iii)

a British protected person within the meaning of that Act, or

(b)

a body incorporated or constituted under the law of the Isle of Man;”;

““local authority” has the meaning given in the Interpretation Act 2015 (of Tynwald)(5);”;

““standard scale” means the standard scale contained in section 55 of the Interpretation Act 2015 (of Tynwald);”;

““territorial sea of the Isle of Man” means the territorial sea adjacent to the Isle of Man;”;

““Treasury” has the meaning given in the Interpretation Act 2015 (of Tynwald);”;

““UN obligation” means an obligation that the United Kingdom has in relation to the Isle of Man by virtue of a UN Security Council Resolution;”;

(c) after paragraph (1) insert—

“(2) In these Regulations, all references to Manx legislation (within the meaning of section 9 of the Interpretation Act 2015 (of Tynwald)) are to be construed as references to that legislation as amended from time to time.”

Commencement Information

I2 Sch. para. 2 in force at 28.12.2022, see art. 1(1)

3.  In regulation 3 (application of prohibitions and requirements outside the United Kingdom)— U.K.

(a) in the heading, for “United Kingdom” substitute “Isle of Man”;

(b) in paragraphs (1) and (4), for “A United Kingdom person” substitute “An Island person”;

(c) in paragraphs (1), (4) and (7), for “United Kingdom” substitute “Isle of Man”;

(d) in paragraphs (2) and (5), after “in the territorial sea” insert “of the Isle of Man”.

Commencement Information

I3 Sch. para. 3 in force at 28.12.2022, see art. 1(1)

4.  In regulation 4 (purposes)— U.K.

(a) in paragraph (1) omit “that are made under section 1 of the Act”;

(b) in paragraph (2) [F1 and (3)], after “United Kingdom” insert “and the Isle of Man”

Textual Amendments

F1 Words in Sch. para. 4(b) inserted (28.12.2023) by The Haiti (Sanctions) (Isle of Man) (Amendment) Order 2023 (S.I. 2023/1379), arts. 1(1), 3

Commencement Information

I4 Sch. para. 4 in force at 28.12.2022, see art. 1(1)

5.  In regulation 14 (interpretation of expressions used in this Part)— U.K.

(a) for paragraph (1) substitute—

“(1) For the purposes of this Part—

(a) “export” means export from the Isle of Man,

(b) goods removed to the United Kingdom from the Isle of Man are not to be regarded as exported, and

(c) goods transported out of the Isle of Man by aircraft or ship as stores within the meaning of CEMA (see section 184(1) and (4) of that Act) are to be regarded as exported.

(1A) Paragraph 36 of Schedule 1 to the Act (trade sanctions) applies for the purpose of interpreting expressions in this Part.”

(b) for paragraph (2) substitute—

“(2) In this Part, any reference to the Isle of Man includes a reference to the territorial sea of the Isle of Man.”

Commencement Information

I5 Sch. para. 5 in force at 28.12.2022, see art. 1(1)

F2 6.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F2 Sch. para. 6 omitted (28.12.2023) by virtue of The Haiti (Sanctions) (Isle of Man) (Amendment) Order 2023 (S.I. 2023/1379), arts. 1(1), 4

F3 7.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F3 Sch. para. 7 omitted (28.12.2023) by virtue of The Haiti (Sanctions) (Isle of Man) (Amendment) Order 2023 (S.I. 2023/1379), arts. 1(1), 4

8.  In regulation 25 (finance: exceptions from prohibitions)— U.K.

(a) omit paragraph (6);

(b) in paragraph (7), for the definition of “relevant institution” substitute—

““relevant institution” means—

(a)

a person who is licensed under the Financial Services Act 2008 (of Tynwald)(6) to carry on a regulated activity within the meaning of section 3 of that Act,

(b)

a person who is authorised or registered under the Insurance Act 2008 (of Tynwald)(7) or who holds a permit under that Act,

(c)

a person who is registered under the Moneylenders Act 1991 (of Tynwald)(8) to carry on the business of lending money, or

(d)

a person who is acting as a trustee or an administrator of a retirement benefits scheme within the meaning of the Retirement Benefits Schemes Act 2000 (of Tynwald)(9).”;

(c) omit paragraph (8).

Commencement Information

I6 Sch. para. 8 in force at 28.12.2022, see art. 1(1)

9.  For regulation 27 (exception for authorised conduct in a relevant country) substitute— U.K.

“Exceptions for authorised conduct outside the Isle of Man

27.— [F4 (1) Where a person’s conduct outside the Isle of Man would, in the absence of this paragraph, contravene a prohibition in any of regulations 8 to 12 (asset-freeze etc.) or Part 4 (Trade), the prohibition is not contravened if the conduct is authorised by a licence issued under regulation 29 (Treasury licences) (as it has effect in the United Kingdom) or regulation 29A (trade licences) (as is has effect in the United Kingdom).]

(2) Where a person’s conduct in a relevant country would, in the absence of this paragraph, contravene a prohibition in any of regulations 8 to 12 (“the relevant prohibition”), the relevant prohibition is not contravened if the conduct is authorised by a licence or other authorisation which is issued—

(a) under the law of the relevant country, and

(b) for the purpose of disapplying a prohibition in that jurisdiction which corresponds to the relevant prohibition.

(3) In this regulation—

“relevant country” means—

(a)

any of the Channel Islands, or

(b)

any British overseas territory.

(4) Nothing in this regulation affects the application of a prohibition in a case where it would be incompatible with a UN obligation for the prohibition not to apply.”

Textual Amendments

F4 Words in Sch. para. 9 substituted (28.12.2023) by The Haiti (Sanctions) (Isle of Man) (Amendment) Order 2023 (S.I. 2023/1379), arts. 1(1), 5

Commencement Information

I7 Sch. para. 9 in force at 28.12.2022, see art. 1(1)

10.  For regulation 28 (exception for acts done for purposes of national security or prevention of serious crime), substitute— U.K.

“28.— (1) Where an act would, in the absence of this paragraph, be prohibited by any prohibition in Part 3 (Finance) or Part 4 (Trade), that prohibition does not apply to the act if the act is one which—

(a) a UK responsible officer has determined would be in the interests of—

(i) national security, or

(ii) the prevention or detection of serious crime in the United Kingdom or elsewhere, or

(b) an Island responsible officer has determined would be in the interests of the prevention or detection of serious crime in the Isle of Man or elsewhere.

(2) Where, in the absence of this paragraph, a thing would be required to be done under or by virtue of a provision of Part 6 (Information and records) or Part 8 (Maritime enforcement), that requirement does not apply if—

(a) a UK responsible officer has determined that not doing the thing in question would be in the interests of—

(i) national security, or

(ii) the prevention or detection of serious crime in the United Kingdom or elsewhere, or

(b) an Island responsible officer has determined that not doing the thing in question would be in the interests of the prevention or detection of serious crime in the Isle of Man or elsewhere.

(3) In this regulation—

“Island responsible officer” means a person—

(a)

in the service of the Crown or holding office under the Crown in the Isle of Man,

(b)

appointed by the Public Services Commission, or

(c)

appointed as a constable by the Department of Home Affairs,

acting in the course of that person’s duty;

“Public Services Commission” means the Public Services Commission established by the Public Services Commission Act 2015 (of Tynwald)(10);

“UK responsible officer” means a person in the service of the Crown or holding office under the Crown in the United Kingdom, acting in the course of that person’s duty.

(4) Nothing in this regulation affects the application of a prohibition or requirement in a case where it would be incompatible with a UN obligation for the prohibition or requirement not to apply,”

Commencement Information

I8 Sch. para. 10 in force at 28.12.2022, see art. 1(1)

11.  In regulation 29 (Treasury licences)— U.K.

(a) in paragraph (2), for “consider” substitute “considers”;

(b) for paragraphs (4) to (6) substitute—

“(4) The Treasury may vary, revoke or suspend a licence at any time.

(5) Where the Treasury issues, varies, revokes or suspends a licence which authorises acts by a particular person, the Treasury must give written notice to that person of the issue, variation, revocation or suspension of the licence.

(6) Where the Treasury issues, varies, revokes or suspends a licence which is general or which authorises acts by persons of a particular description, the Treasury must take such steps as the Treasury considers appropriate to publicise the issue, variation, revocation or suspension of the licence.”

Commencement Information

I9 Sch. para. 11 in force at 28.12.2022, see art. 1(1)

[F5 11A.   In regulation 29A (trade licences)— U.K.

(a) in paragraph (1), for “Secretary of State”, substitute “Treasury”;

(b) for paragraphs (5) to (7) substitute—

“(5) The Treasury may vary, revoke or suspend a licence at any time.

(6) Where the Treasury issues, varies, revokes or suspends a licence which authorises acts by a particular person, the Treasury must give written notice to that person of the issue, variation, revocation or suspension of the licence.

(7) Where the Treasury issues, varies, revokes or suspends a licence which is general or which authorises acts by persons of a particular description, the Treasury must take such steps as the Treasury considers appropriate to publicise the issue, variation, revocation or suspension of the licence.”]

Textual Amendments

F5 Sch. para. 11A inserted (28.12.2023) by The Haiti (Sanctions) (Isle of Man) (Amendment) Order 2023 (S.I. 2023/1379), arts. 1(1), 6

12.  In regulation 31 (finance: reporting obligations)— U.K.

(a) for paragraph (5) substitute—

“(5) A relevant institution must inform the Treasury without delay if that institution credits a frozen account in accordance with regulation 25(4) (finance: exceptions from prohibitions).”

(b) in paragraph (7), for the definition of “relevant firm” substitute—

““relevant firm” means—

(a)

a business in the regulated sector within the meaning of Schedule 4 to the Proceeds of Crime Act 2008 (of Tynwald)(11) (see in particular paragraph 2 of that Schedule);

(b)

a person engaged in the business of making, supplying, selling (including selling by auction) or exchanging—

(i)

articles made from gold, silver, platinum or palladium, or

(ii)

precious stones or pearls.”

(c) at the end, insert—

“(8) For the purposes of paragraph (a) of the definition of “relevant firm” in paragraph (7), the definition of “estate agent” in Schedule 4 to the Proceeds of Crime Act 2008 (of Tynwald) is to be read as if references to the sale or proposed sale of land in section 15 of the Estate Agents Act 1975 (of Tynwald)(12) included references to the sale or proposed sale of land outside the Isle of Man.”

Commencement Information

I10 Sch. para. 12 in force at 28.12.2022, see art. 1(1)

13.  Omit regulation 32 (“relevant firm”) (including the heading). U.K.

Commencement Information

I11 Sch. para. 13 in force at 28.12.2022, see art. 1(1)

14.  In regulation 33 (finance: powers to request information), in paragraphs (4) and (6), in both places it occurs, for “believe” substitute “believes”. U.K.

Commencement Information

I12 Sch. para. 14 in force at 28.12.2022, see art. 1(1)

15.  In regulation 34 (finance: production of documents), in paragraphs (2) and (3), for “the Treasury request” substitute “the Treasury requests”. U.K.

Commencement Information

I13 Sch. para. 15 in force at 28.12.2022, see art. 1(1)

16.  In regulation 35 (finance: information offences), in paragraph (1)(d), for “their” substitute “its”. U.K.

Commencement Information

I14 Sch. para. 16 in force at 28.12.2022, see art. 1(1)

17.  In regulation 36(1) (trade: application of information powers in CEMA)— U.K.

(a) for “Section 77A of CEMA” substitute “Section 78A of CEMA(13)”;

(b) in sub-paragraph (a), after “Taxation (Cross-border Trade) Act 2018” insert “, as it has effect in the Island(14)”.

Commencement Information

I15 Sch. para. 17 in force at 28.12.2022, see art. 1(1)

[F6 17A.   In regulation 36A(4) (general trade licences: records), for “Secretary of State” substitute “Treasury”. U.K.

Textual Amendments

F6 Sch. paras. 17A, 17B inserted (28.12.2023) by The Haiti (Sanctions) (Isle of Man) (Amendment) Order 2023 (S.I. 2023/1379), arts. 1(1), 7

17B.   In regulation 36B(1) (general trade licences: inspection of records), for “Secretary of State or the Commissioners” substitute “Treasury”.] U.K.

Textual Amendments

F6 Sch. paras. 17A, 17B inserted (28.12.2023) by The Haiti (Sanctions) (Isle of Man) (Amendment) Order 2023 (S.I. 2023/1379), arts. 1(1), 7

18.  In regulation 37 (disclosure of information)— U.K.

(a) in paragraph (1), for “Secretary of State, the Treasury or the Commissioners” substitute “Treasury”;

(b) in paragraph (2)—

(i) after sub-paragraph (c) insert—

“(ca) taking any action with a view to instituting, or otherwise for the purposes of, any proceedings in the Isle of Man for an offence under any provision of these Regulations;”;

(ii) in sub-paragraph (d)—

(aa) in paragraph (i), after “Regulations” insert “(as they have effect in the United Kingdom)”;

(bb) for paragraph (ii) substitute—

“(ii) for an offence under the Customs and Excise Management Act 1979(15) in connection with the prohibition mentioned in regulation 15(1), (export of [F7 small arms, light weapons and ammunition]) (as they have effect in the United Kingdom), or”;

(iii) in sub-paragraph (e), omit “, the Isle of Man”;

(iv) in sub-paragraph (g), for “United Kingdom” substitute “Isle of Man”;

(c) in paragraph (3)—

(i) in sub-paragraph (f), for “United Kingdom” substitute “Isle of Man”;

(ii) in sub-paragraph (j), for “Secretary of State, the Treasury or the Commissioners (as the case may be) consider” substitute “Treasury considers”.

Textual Amendments

F7 Words in Sch. para. 18(b)(ii)(bb) substituted (28.12.2023) by The Haiti (Sanctions) (Isle of Man) (Amendment) Order 2023 (S.I. 2023/1379), arts. 1(1), 8

Commencement Information

I16 Sch. para. 18 in force at 28.12.2022, see art. 1(1)

19.  In regulation 38 (Finance: disclosure to the Treasury), for paragraph (2) substitute— U.K.

“(2) In this regulation—

“relevant public authority” means—

(a)

any person holding or acting in any office under or in the service of the Isle of Man Government;

(b)

any local authority;

(c)

any police officer;

(d)

the Isle of Man Financial Services Authority or any other regulatory body in the Isle of Man; or

(e)

any other person exercising functions of a public nature.”

Commencement Information

I17 Sch. para. 19 in force at 28.12.2022, see art. 1(1)

20.  In regulation 39 (Part 6: supplementary)— U.K.

(a) for paragraph (2) substitute—

“(2) But nothing in those regulations authorises a disclosure—

(a) that contravenes the data protection legislation, or

(b) of intercepted material that is not otherwise permitted under the safeguards arrangements relating to a warrant issued under the Interception of Communications Act 1988 (of Tynwald)(16).”

(b) in paragraph (3), for “counsel or solicitor” substitute “advocate or lawyer”;

(c) in paragraph (6)—

(i) for the definition of “the data protection legislation” substitute—

““the data protection legislation” has the meaning given in regulation 5(1) of the GDPR and LED Implementing Regulations 2018 (of Tynwald)(17);”;

(ii) in the definition of “privileged information”, omit “(in Scotland, to confidentiality of communications)”.

Commencement Information

I18 Sch. para. 20 in force at 28.12.2022, see art. 1(1)

21.  For regulation 40 (penalties for offences) substitute— U.K.

“40.— (1) A person guilty of an offence under any provision of Part 3 (Finance) or regulation 30 (finance: licensing offences) is liable—

(a) on summary conviction, to custody for a term not exceeding 12 months or to a fine not exceeding level 5 on the standard scale, or to both;

(b) on conviction on information, to custody for a term not exceeding 7 years or to a fine, or to both.

(2) A person guilty of an offence under any provision of Part 4 (Trade) is liable—

(a) on summary conviction, to custody for a term not exceeding 12 months or to a fine not exceeding level 5 on the standard scale, or to both;

(b) on conviction on information, to custody for a term not exceeding 10 years or to a fine, or to both.

[F8 (2A) A person guilty of an offence under regulation 30A, 36A(6) or 36B(5) (offences in connection with trade licences) is liable—

(a) on summary conviction, to custody for a term not exceeding 12 months or to a fine not exceeding level 5 on the standard scale, or to both;

(b) on conviction on information, to custody for a term not exceeding 2 years or to a fine, or to both.]

(3) A person guilty of an offence under regulation 31(6) or 35 (information offences in connection with Part 3) is liable on summary conviction to custody for a term not exceeding 6 months or to a fine not exceeding level 5 on the standard scale, or to both.”

Textual Amendments

F8 Words in Sch. para. 21 inserted (28.12.2023) by The Haiti (Sanctions) (Isle of Man) (Amendment) Order 2023 (S.I. 2023/1379), arts. 1(1), 9

Commencement Information

I19 Sch. para. 21 in force at 28.12.2022, see art. 1(1)

22.  In regulation 41(4) (liability of officers of bodies corporate etc.), for “Section 171(4)” substitute “Section 179(3)”. U.K.

Commencement Information

I20 Sch. para. 22 in force at 28.12.2022, see art. 1(1)

23.  For regulation 42 (jurisdiction to try offences), substitute— U.K.

“42.   Where an offence under these Regulations is committed outside the Isle of Man—

(a) proceedings for the offence may be taken in the Isle of Man, and

(b) the offence may for all incidental purposes be treated as having been committed in the Isle of Man.”

Commencement Information

I21 Sch. para. 23 in force at 28.12.2022, see art. 1(1)

24.  In regulation 43 (procedure for offences by unincorporated bodies)— U.K.

(a) in paragraph (2), for “England and Wales or Northern Ireland” substitute “the Isle of Man”;

(b) for paragraph (3)(b) substitute—

“(b) section 32 of the Summary Jurisdiction Act 1989 (of Tynwald)(18) applies as it applies in relation to a body corporate.”

Commencement Information

I22 Sch. para. 24 in force at 28.12.2022, see art. 1(1)

25.  In regulation 44 (time limit for proceedings for summary offences)— U.K.

(a) in paragraphs (1) and (3), for “prosecutor” and “prosecutor’s”, in each place that they occur, substitute “Attorney General” and “Attorney General’s”;

(b) omit paragraph (4);

(c) at the end, insert—

“(5) In this regulation, “Attorney General” has the meaning given in the Interpretation Act 2015 (of Tynwald).”

Commencement Information

I23 Sch. para. 25 in force at 28.12.2022, see art. 1(1)

26.  In regulation 45 (trade enforcement: application of CEMA)— U.K.

(a) in paragraph (1), for “Commissioners investigate or propose” substitute “Treasury investigates or proposes”;

(b) in paragraph (2), for “section 1(1) of CEMA” substitute “section 184(1) of CEMA(19)”;

(c) in paragraph (4)—

(i) for “Section 138 of CEMA” substitute “Section 145 of CEMA(20)”;

(ii) for “customs and excise Acts” in the first place it occurs substitute “customs and excise Acts(21)”;

(d) in paragraph (5)—

(i) in sub-paragraph (b), for “section 145(6)” substitute “section 152(5)(22)”;

(ii) in sub-paragraph (c), for “section 151” substitute “section 158”;

(iii) in sub-paragraph (d), for “section 154(2)” substitute “section 161(2)”;

(e) in paragraph (6), for “sections 145, 146, 147, 148(1), 150, 151, 152, 154 and 155” substitute “sections 152, 153, 154(5)(23), 155, 157, 158, 159, 161 and 162”.

Commencement Information

I24 Sch. para. 26 in force at 28.12.2022, see art. 1(1)

27.  In regulation 46 (trade offences in CEMA: modification of penalty)— U.K.

(a) in paragraph (1), for “section 68(2) of CEMA” substitute “section 69(2) of CEMA(24)”;

(b) in paragraph (2), for “section 68(3)(b) of CEMA” substitute “section 69(3)(b) of CEMA(25)”;

(c) in paragraph (3), for “section 170(2) of CEMA” substitute “section 178(2) of CEMA(26)”;

(d) in paragraph (4), for “section 170(3)(b) of CEMA” substitute “section 178(3)(b) of CEMA(27)”.

Commencement Information

I25 Sch. para. 27 in force at 28.12.2022, see art. 1(1)

28.  Omit regulation 47 (application of Chapter 1 of Part 2 of Serious Organised Crime and Police Act 2005) (including the heading). U.K.

Commencement Information

I26 Sch. para. 28 in force at 28.12.2022, see art. 1(1)

29.  Omit regulation 48 (monetary penalties) (including the heading). U.K.

Commencement Information

I27 Sch. para. 29 in force at 28.12.2022, see art. 1(1)

30.  In regulation 49(1)(a) (exercise of maritime enforcement powers), for “British ship” substitute “Manx ship”. U.K.

Commencement Information

I28 Sch. para. 30 in force at 28.12.2022, see art. 1(1)

31.  In regulation 50(1) (maritime enforcement officers), after sub-paragraph (h) insert— U.K.

“(i) an officer within the meaning given in section 184(1) of CEMA;

(j) a constable appointed by the Department of Home Affairs.”

Commencement Information

I29 Sch. para. 31 in force at 28.12.2022, see art. 1(1)

32.  In regulation 51(2)(c) (power to stop, board, search etc.), for “United Kingdom” substitute “Isle of Man”. U.K.

Commencement Information

I30 Sch. para. 32 in force at 28.12.2022, see art. 1(1)

33.  In regulation 53 (restrictions on exercise of maritime enforcement powers)— U.K.

(a) in paragraphs (1) and (2), for “British ship” substitute “Manx ship”;

(b) in paragraph (3), for “United Kingdom”, in both places it occurs, substitute “Isle of Man”.

Commencement Information

I31 Sch. para. 33 in force at 28.12.2022, see art. 1(1)

34.  In regulation 54 (interpretation of Part 8)— U.K.

(a) in paragraph (1), for “Subject to paragraph (2)” substitute “Subject to paragraphs (3) to (5)”;

(b) omit paragraph (2);

(c) at the end insert—

“(3) In this Part—

“Manx ship” means a ship which—

(a)

is registered under Part I, II, III or IV of the Merchant Shipping Registration Act 1991 (of Tynwald)(28), or

(b)

is not registered under the law of a country outside the Isle of Man but is wholly owned by persons each of whom has an Isle of Man connection;

“prohibited goods” means goods which have been or are being dealt with in contravention of a relevant prohibition;

“relevant goods” means goods in relation to which relevant non-IOM conduct is occurring or has occurred;

“relevant non-IOM conduct” means conduct outside the Isle of Man by a person other than an Island person that would constitute a contravention of a relevant prohibition if the conduct had been—

(a)

in the Isle of Man, or

(b)

by an Island person;

“relevant prohibition” means any prohibition specified in regulation 49(2)[F9 (a) to (c)] (exercise of maritime enforcement powers).

(4) For the purposes of the definition of “Manx ship” in paragraph (3), a person has an “Isle of Man connection” if the person is—

(a) an Island person, or

(b) an individual who is not an Island person, and who is habitually resident in the Isle of Man.

(5) In the definition of “relevant non-IOM conduct” in paragraph (3), the reference to conduct that would constitute a contravention of a relevant prohibition if the conduct had been in the Isle of Man or by an Island person includes a reference to a case where—

(a) arrangements relating to goods have been entered into that have not been fully implemented, and

(b) if those arrangements were to be fully implemented (and if the conduct had been in the Isle of Man or by an Island person) the goods would be dealt with in contravention of that prohibition.”

Textual Amendments

F9 Words in Sch. para. 34(c) substituted (28.12.2023) by The Haiti (Sanctions) (Isle of Man) (Amendment) Order 2023 (S.I. 2023/1379), arts. 1(1), 10

Commencement Information

I32 Sch. para. 34 in force at 28.12.2022, see art. 1(1)

35.  In regulation 55 (notices)— U.K.

(a) in paragraph (5)(b), for “United Kingdom”, in both places it occurs, substitute “Isle of Man”;

(b) in paragraph (6), in the definition of “registered company”, for “in force in the United Kingdom” substitute “in operation in the Isle of Man”.

Commencement Information

I33 Sch. para. 35 in force at 28.12.2022, see art. 1(1)

36.  In Schedule 2 (Treasury licences: purposes) in paragraph 6(b)(ii) (pre-existing judicial decisions etc.), for “United Kingdom” substitute “Isle of Man”. U.K.

Commencement Information

I34 Sch. para. 36 in force at 28.12.2022, see art. 1(1)

(1)

AT 34 of 1986.

(2)

AT 13 of 1987.

(3)

S.I. 2008/3231, applied in the Isle of Man by SD 104/09 (of Tynwald) (as amended).

(4)

1981 c. 61. Part 4 has been amended by the British Overseas Territories Act 2002 (c. 8), section 1(1)(b); and the Nationality, Immigration and Asylum Act 2002 (c. 41), Schedule 2, paragraph 1(i).

(5)

AT 11 of 2015.

(6)

AT 8 of 2008.

(7)

AT 16 of 2008.

(8)

AT 6 of 1991.

(9)

AT 14 of 2000.

(10)

AT 1 of 2015.

(11)

AT 13 of 2008. Schedule 4 was substituted by SD 2019/0204 (of Tynwald).

(12)

AT 6 of 1975.

(13)

Section 78A was inserted by GC 261/87 (of Tynwald).

(14)

The Taxation (Cross-border Trade) Act 2018 applies to the Isle of Man by SD 2019/0080.

(15)

1979 c. 2.

(16)

AT 18 of 1988.

(17)

SD 2018/0145 (of Tynwald).

(18)

AT 15 of 1989.

(19)

The definition of “assigned matter” was amended by the Customs and Excise etc. (Amendment) Act 2001 (of Tynwald).

(20)

Section 145 was amended by GC 271/88 (of Tynwald) and the Police Powers and Procedures Act 1998 (of Tynwald).

(21)

“The customs and excise Acts” is defined in section 184 of CEMA.

(22)

Section 152(5) was amended by the Police Powers and Procedures Act 1998 (of Tynwald).

(23)

Section 154 was amended by GC 334/89 (of Tynwald).

(24)

Section 69(2) was amended by the Police Powers and Procedures Act 1998 (of Tynwald).

(25)

Section 69(3) was amended by GC 271/88 (of Tynwald), SD 834/09 (of Tynwald) and SD 2014/0364 (of Tynwald).

(26)

Section 178(2) was amended by the Police Powers and Procedures Act 1998 (of Tynwald) and SD 2014/0364 (of Tynwald).

(27)

Section 178(3) was amended by GC 271/88 (of Tynwald), SD 834/09 (of Tynwald) and SD 2014/0364 (of Tynwald).

(28)

AT 15 of 1991.