The Immigration (Isle of Man) (Amendment) Order 2020

Amendment of Schedule 7

9.—(1) Schedule 7 (which sets out the modifications subject to which the Nationality, Immigration and Asylum Act 2002 extends to the Isle of Man) is amended as follows.

(2) In paragraph 31, after sub-paragraph (1) insert—

“(1A) In subsection (1), for “any of the EU treaties” substitute “retained EU law”.”.

(3) In paragraph 35, after sub-paragraph (3) insert—

“(3A) In subsection (2)(e)—

(a) for the words from “an enforceable EU right” to the end, substitute—

“—

(i) a retained enforceable EU right;

(ii) any provision made under section 2B of the European Communities (Isle of Man) Act 1973 (an Act of Tynwald) as that provision is modified from time to time; or

(iii) any provision made under section 2(2) of the European Communities Act 1972 (of Parliament) as that provision is modified from time to time.”.

(3B) After subsection (2) insert—

“(2A) In this section, “retained enforceable EU right” means a right that was created or arose by or under the EU Treaties before the coming into force of this subsection, and—

(a) forms part of retained EU law (within the meaning of the European Union and Trade Act 2019 (an Act of Tynwald)) by virtue of section 7 or 8 of that Act; or

(b) forms part of retained EU law (within the meaning of the European Union (Withdrawal) Act 2018 (of Parliament)) by virtue of section 3 or 4 of that Act,

as that right is modified from time to time.”.”.