SCHEDULE 7The Nationality, Immigration and Asylum Act 2002

Article 16

Part 1 – nationality1

1

Section 10 of the 2002 Act130 is modified as follows.

2

In subsection (1), for “Secretary of State” substitute “Governor”.

3

In subsection (1) and (2)(b), for “United Kingdom” substitute “Isle of Man”.

4

In subsection (2), omit paragraph (e).

5

Omit subsections (4) and (5)(a).

6

In subsection (6), omit “(a)” and the words from “and (b)” to the end.

Part 4 – detention and removal

2

1

Section 62 of the 2002 Act is modified as follows.

2

In the heading to section 62, and in subsections (1), (2), (3)(b), (4) and (7), for “Secretary of State”, wherever those words occur, substitute “Governor”.

3

In subsections (1)(b), (2) and (5), for “United Kingdom” substitute “Isle of Man”.

4

In subsection (2)(b), for “Secretary of State’s” substitute “Governor’s”.

5

Omit subsections (9) to (16).

3

1

Section 72 of the 2002 Act is modified as follows.

2

In subsections (2), (3), (4) and (9)(a), for “United Kingdom”, wherever those words occur, substitute “Isle of Man”.

3

In subsections (2)(b), (3)(b) and (c) and (11)(b), for “imprisonment”, wherever that word occurs, substitute “custody”.

4

In subsections (4)(a) and (b) and (9)(b), for “Secretary of State” substitute “Governor”.

5

Omit subsections (5) and (8).

6

In subsection (9)(a), for the words from “, 83 or 101” to “1997 (c.68)” substitute “of this Act”.

7

In subsection (10), omit “, Tribunal or Commission”.

4

1

Section 75 of the 2002 Act is modified as follows.

2

Omit subsection (2).

5

1

Section 76 of the 2002 Act is modified as follows.

2

In subsections (1), (2) and (3), for “Secretary of State” substitute “Governor”.

3

In subsections (1), (2) and (3) and in the definition of “removed” in subsection (4), for “United Kingdom”, wherever those words occur, substitute “Isle of Man”.

6

1

Section 78 of the 2002 Act is modified as follows.

2

In subsections (1)(a) and (b), (3)(a) and (4), for “United Kingdom” substitute “Isle of Man”.

Part 5 – immigration appeals

7

In the heading to Part 5, omit “and asylum”.

8

1

Section 81 of the 2002 Act is modified as follows.

2

For section 81 substitute—

81Adjudicators

The High Bailiff and any Deputy High Bailiff shall be adjudicators for the purposes of this Part.

9

1

Section 82 of the 2002 Act131 is modified as follows.

2

In subsection (2), for “United Kingdom”, wherever those words occur, substitute “Isle of Man”.

3

Omit subsection (3).

10

1

Section 84 of the 2002 Act is modified as follows.

2

In subsection (1)(b), for “section 19B” to the end substitute “section 1 or 2 of the Race Relations Act 2004 (an Act of Tynwald) (public authorities: general statutory duty);”.

3

In subsection (1)(c), for “Human Rights Act 1998 (c.42)” substitute “Human Rights Act 2001 (an Act of Tynwald)132”.

4

In subsection (1)(d) and (g), for “United Kingdom” substitute “Isle of Man”.

5

In subsection (1)(g), for “Human Rights Act 1998” substitute “Human Rights Act 2001 (an Act of Tynwald)”.

6

Omit subsection (3).

11

1

Section 85 of the 2002 Act is modified as follows.

2

In subsection (4), omit “or 83(2)”.

12

1

Section 86 of the 2002 Act is modified as follows.

2

In subsection (1), omit “or 83”.

3

In subsection (4), for “United Kingdom” substitute “Isle of Man”.

13

1

Section 87 of the 2002 Act is modified as follows.

2

In subsection (1), omit “or 83”.

3

Omit subsections (3) and (4).

14

1

Section 88 of the 2002 Act133 is modified as follows.

2

In subsection (2)(c) and (d), for “United Kingdom” substitute “Isle of Man”.

3

For subsection (3)(c) substitute—

c

an immigration employment document, and

4

After subsection (4) insert—

5

In subsection (3)(c), “immigration employment document” means—

a

a work permit, and

b

any other document which relates to employment and is issued for a purpose of immigration rules or in connection with leave to enter or remain in the Isle of Man.

15

1

Section 88A of the 2002 Act134 is modified as follows.

2

In subsection (1)(b), for “Secretary of State” substitute “Governor”.

16

1

Section 89 of the 2002 Act135 is modified as follows.

2

In subsection (1), for “United Kingdom”, wherever those words occur, substitute “Isle of Man”.

17

1

Section 90 of the 2002 Act is modified as follows.

2

In subsection (1), for “United Kingdom” substitute “Isle of Man”.

18

1

Section 92 of the 2002 Act136 is modified as follows.

2

In the heading to section 92 and in subsections (1), (3), (3D) and (4), for “United Kingdom”, wherever those words occur, substitute “Isle of Man”.

3

In subsection (4)(a), omit “an asylum claim, or”.

4

In subsection (4)(b), for “Secretary of State” substitute “Governor”.

19

1

Section 94 of the 2002 Act137 is modified as follows.

2

For the heading to section 94 substitute “Appeal from within Isle of Man: unfounded human rights claim”.

3

In subsection (1), for the words from “an asylum claim” to the end substitute “a human rights claim.”.

4

In subsections (1A) and (2)—

a

for “Secretary of State” substitute “Governor”;

b

for the words from “the claim or claims” to the end substitute “the claim mentioned in subsection (1) above is clearly unfounded.”.

5

For subsections (3) and (4) substitute—

3

If the Governor is satisfied that a human rights claimant is entitled to reside in a State specified in an order under subsection (4), he shall certify the claim under subsection (2) unless satisfied that it is not clearly unfounded.

4

The Governor may by order specify a State for the purpose of subsection (3) if he is satisfied that—

a

there is in general in that State or part no serious risk of persecution of persons entitled to reside in that State or part, and

b

removal to that State or part of persons entitled to reside there will not in general contravene the United Kingdom’s obligations under the Human Rights Convention.

6

Omit subsections (5) and (6).

7

In subsection (6A)—

a

for “an asylum claimant or” substitute “a”;

b

omit paragraphs (a) to (c).

8

In subsection (6B)—

a

for “United Kingdom” substitute “Isle of Man”;

b

for “Secretary of State” substitute “Governor”.

9

In subsection (7), for “Secretary of State” substitute “Governor”.

10

In subsections (8) and (9), for “United Kingdom”, wherever those words occur, substitute “Isle of Man”.

20

1

Section 95 of the 2002 Act is modified as follows.

2

In the heading to section 95 and in section 95, for “United Kingdom” substitute “Isle of Man”.

21

1

Section 96 of the 2002 Act138 is modified as follows.

2

In subsections (1) and (2), for “Secretary of State”, wherever those words occur, substitute “Governor”.

3

In subsection (5), for “United Kingdom” substitute “Isle of Man”.

4

Omit subsection (6).

22

1

Section 97 of the 2002 Act is modified as follows.

2

In subsections (1), (3) and (4), for “Secretary of State”, wherever those words occur, substitute “Governor”.

3

In subsection (2)—

a

for “United Kingdom”, where those words first occur, substitute “Isle of Man”;

b

in paragraph (a), after “national security” insert “in the United Kingdom or the Isle of Man”.

23

1

Section 97A of the 2002 Act139 is modified as follows.

2

In subsections (1) and (2)(b), for “Secretary of State” substitute “Governor”.

3

In subsection (1)—

a

for “United Kingdom” substitute “Isle of Man”;

b

after “national security” insert “in the United Kingdom or the Isle of Man”.

4

In subsection (2)—

a

at the end of paragraph (a) insert “and”;

b

at the end of paragraph (b) omit “and”;

c

omit paragraph (c).

5

Omit subsections (3) and (4).

24

1

Section 98 of the 2002 Act is modified as follows.

2

In subsections (2) and (3), for “Secretary of State”, wherever those words occur, substitute “Governor”.

3

In subsection (2)(a), for “United Kingdom” substitute “Isle of Man”.

25

Sections 103A to 103D of the 2002 Act140 are omitted.

26

1

Section 103E of the 2002 Act141 is modified as follows.

2

In the heading to section 103E, for “Tribunal sitting as panel” substitute “adjudicator”.

3

In subsections (1), (3)(a) and (b), (4)(b), (c) and (f), for “Tribunal” substitute “adjudicator”;

4

In subsection (1), omit the words from “where its jurisdiction” to the end.

5

In subsection (2), for “appropriate appellate court” substitute “High Court”.

6

In subsections (3)(b) and (4), for “appropriate appellate court” substitute “High Court”.

7

In subsections (4)(a) and (7), for “Tribunal’s” substitute “adjudicator’s”.

8

Omit subsections (5) and (6).

9

In subsection (7)—

a

at the end of paragraph (a), omit “or”;

b

omit paragraph (b).

10

After subsection (7) insert—

8

A decision of the High Court under this section shall be final.

27

1

Section 104 of the 2002 Act142 is modified as follows.

2

Omit subsections (2) and (3).

3

In subsections (4), (4A) and (4B)(a), for “United Kingdom”, wherever those words occur, substitute “Isle of Man”.

28

1

Section 105 of the 2002 Act is modified as follows.

2

In subsection (1), for “Secretary of State” substitute “Governor”.

29

1

Section 106 of the 2002 Act143 is modified as follows.

2

In subsections (1) and (1A), for “Lord Chancellor” substitute “Deemsters”.

3

In subsection (1)(a) and (b), omit “or 83”.

4

In subsection (1A)—

a

in paragraph (a), for “the Tribunal” substitute “an adjudicator”;

b

in paragraph (b), for “members of the Tribunal” substitute “an adjudicator”, and for “Tribunal” (in the second place) substitute “adjudicator”.

5

In subsection (2)—

a

in paragraph (d) omit “or the Immigration Appeal Tribunal”;

b

in paragraphs (e), (f), (o), (p), (q), (r) and (s), omit “or the Tribunal”;

c

omit paragraphs (j), (k), (l), (t) to (v) and (x);

d

in paragraph (m), omit the words from “(which may,” to “section 101)”;

e

in paragraph (w), for “the Tribunal’s” substitute “an adjudicator’s”;

f

in paragraph (y), for “the Tribunal” substitute “an adjudicator”.

6

In subsection (3)—

a

in paragraphs (a), (d) and (e), omit “or the Tribunal”;

b

after paragraph (e) insert “and”;

c

omit the words from “and (f)” to the end.

7

In subsection (4) omit “or the Tribunal”.

30

1

Section 108 of the 2002 Act is modified as follows.

2

In subsection (1), omit “, 83 or 101”.

3

In subsection (2), omit “or the Immigration Appeal Tribunal”.

31

1

Section 109 of the 2002 Act is modified as follows.

2

In subsection (2)—

a

in paragraph (a), omit “or the Special Immigration Appeals Commission Act 1997 (c.68)”;

b

in paragraphs (b) and (c), omit “or that Act”.

3

In subsection (3)(a) and (b), for “United Kingdom” substitute “Isle of Man”.

32

1

Section 112 of the 2002 Act144 is modified as follows.

2

In subsection (1), for “Secretary of State” substitute “Governor”.

3

Omit subsection (2).

4

Omit subsection (3A)(a) and (b).

5

Omit subsections (4) to (7).

33

1

Section 113 of the 2002 Act is modified as follows.

2

In subsection (1)—

a

omit the definition of “asylum claim”;

b

in the definition of “human rights claim”—

i

for “Secretary of State at a place designated by the Secretary of State” substitute “Governor”;

ii

before “United Kingdom” insert “Isle of Man or the”;

iii

for “Human Rights Act 1998 (c.42)” substitute “Human Rights Act 2001 (an Act of Tynwald)”.

3

In subsection (2), for “United Kingdom” substitute “Isle of Man”.

Part 6 – immigration procedure

34

1

Section 120 of the 2002 Act is modified as follows.

2

In subsections (1)(a) and (2)(a), (b) and (c), for “United Kingdom” substitute “Isle of Man”.

3

In subsection (2), for “The Secretary of State or an” substitute “An”.

35

1

Section 126 of the 2002 Act is modified as follows.

2

In subsections (1) and (4)(f), for “Secretary of State” substitute “Governor”.

3

In subsection (2)(b) and (c), for “United Kingdom” substitute “Isle of Man”.

4

Omit subsection (8).

36

1

Section 127 of the 2002 Act is modified as follows.

2

In subsections (1) and (2), for “Secretary of State” substitute “Governor”.

3

In subsection (1), for “United Kingdom” substitute “Isle of Man”.

37

1

Section 133 of the 2002 Act is modified as follows.

2

In subsection (2)—

a

for “a health service body” substitute “the Department”;

b

in paragraph (b), for “United Kingdom” substitute “Isle of Man”;

c

in paragraph (h), for “the health service body” substitute “the Department”.

3

For subsection (4) substitute—

4

In this section “the Department” means the Department of Health and Social Security.

38

1

Section 134 of the 2002 Act is modified as follows.

2

In subsection (1)—

a

for “Secretary of State”, wherever those words occur, substitute “Governor”;

b

omit paragraphs (b) and (c).

39

1

Section 136 of the 2002 Act is modified as follows.

2

In subsection (1), omit “or 135”.

3

In subsection (3), for “Secretary of State” substitute “Governor”.

4

For subsection (5)(e) substitute—

e

a day which has been declared a bank holiday under section 1 of the Bank Holidays Act 1989 (an Act of Tynwald)145.

40

1

Section 137 of the 2002 Act is modified as follows.

2

In subsection (2)(a), for “imprisonment” substitute “custody”.

41

1

Section 138 of the 2002 Act is modified as follows.

2

After subsection (5) insert—

5A

Subsection (1) shall have effect in relation to a limited liability company constituted under the Limited Liability Companies Act 1996 (an Act of Tynwald) as if—

a

a reference to a body corporate were a reference to a limited liability company, and

b

a reference to an officer of the body were a reference to a member of the company or its manager or registered agent.

42

1

Section 139 of the 2002 Act is modified as follows.

2

In subsection (1), omit “or 135”.

43

1

Schedule 8 to the 2002 Act is modified as follows:

2

Omit paragraph 2(2) and (6).

3

Omit paragraph 5.

4

Omit paragraph 6(4) and (5).

5

Omit paragraph 9(2)(b) and (c).

6

In paragraph 15, omit subparagraphs (a) to (c) and (e) to (h).

Part 7 - Offences

44

1

Section 144 of the 2002 Act is modified as follows.

2

in subsection (2), omit paragraph (d).

45

Section 145 of the 2002 Act is modified as follows.

1

For “United Kingdom”, in each place where it occurs, substitute “Isle of Man”.

2

In subsection (5)—

a

in paragraph (a), for “indictment” substitute “information”;

b

in paragraphs (a) and (b), for “imprisonment” substitute “custody”.

46

1

Section 146 of the 2002 Act is modified as follows.

2

In subsection (1)—

a

for “United Kingdom”, in each place where it occurs, substitute “Isle of Man”;

b

in paragraph (c), omit “a part of”.

3

Omit subsection (4).

Part 8 – general47

1

Section 160 of the 2002 Act is modified as follows.

2

In subsection (1), for “Secretary of State or the Lord Chancellor” substitute “Governor”.

3

In subsections (1) and (2), for “Parliament”, wherever that word occurs, substitute “Tynwald”.

4

For subsection (3) substitute—

3

Sums received under this Act shall be paid into the General Revenue of the Isle of Man.