SCHEDULE 7The Nationality, Immigration and Asylum Act 2002
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.