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

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The Immigration (Isle of Man) (Amendment) Order 2019 STATUTORY INSTRUMENTS 2019 No. 562 IMMIGRATION The Immigration (Isle of Man) (Amendment) Order 2019 Made - - - - 13th March 2019 Coming into force - - 14th March 2019 At the Court at Buckingham Palace, the 13th day of March 2019 Present, The Queen’s Most Excellent Majesty in Council Her Majesty, in exercise of the powers conferred by section 36 of the Immigration Act 1971( a), section 12(5) of the Immigration Act 1988(b), section 170(7) of the Immigration and Asylum Act 1999(c), section 163(4) of the Nationality, Immigration and Asylum Act 2002(d), section 49(3) of the Asylum and Immigration (Treatment of Claimants) Act 2004(e), section 63(3) and (3A)(f) of the Immigration, Asylum and Nationality Act 2006(g), section 60(4) of the UK Borders Act 2007(h), section 76(6) of the Immigration Act 2014(i), section 95(5) and (6) of the Immigration Act 2016(j), section 214(6) of the Data Protection Act 2018(k), and section 63(3) and (6) of the Sanctions and Anti-Money Laundering Act 2018(l), is pleased, by and with the advice of Her Privy Council, to order as follows. Citation and commencement 1. This Order may be cited as the Immigration (Isle of Man) (Amendment) Order 2019 and comes into force on 14th March 2019. Interpretation of this Order 2. In this Order “the principal Order” means the Immigration (Isle of Man) Order 2008( m). (a) 1971 c. 77: s. 36 is extended by s. 53(5) of 1981 c. 61, applied by s. 2(3) of 1987 c. 24 and by s. 12(5) of 1988 c. 14. (b) 1988 c. 14. (c) 1999 c. 33. (d) 2002 c. 41. (e) 2004 c. 19. (f) Subsection (3A) was inserted by s. 54(7) of 2006 c. 48. (g) 2006 c. 13. (h) 2007 c. 30. (i) 2014 c. 22. (j) 2016 c. 19. (k) 2016 c. 12. (l) 2018 c. 13. (m) S.I. 2008/680. Relevant amendments are made by S.I. 2011/1158 and 1408, S.I. 2015/1765 and S.I. 2016/156 and 755. Amendment of the principal Order 3. The principal Order is amended as follows. Interpretation — Article 2 amended 4. In article 2— (a) after the definition of “the 2006 Act”, insert— ““the 2007 Act” means the UK Borders Act 2007( a);”; (b) after the definition of “the 2014 Act”( b), insert— ““the 2016 Act” means the Immigration Act 2016( c).”. General modifications — Article 5 amended 5. —(1) Article 5 is amended as follows. (2) In paragraph (b), for “the Interpretation Act 1976 (an Act of Tynwald)” substitute “the Interpretation Act 2015 (an Act of Tynwald)(d)”. (3) After paragraph (c) insert— “(d) any reference to “the Minister” is a reference to the Minister for the Cabinet Office( e); and (e) any reference to a Minister of a named Department is a reference to the Minister of that Department of the Government of the Isle of Man.”. Keeling Schedule deleted 6. Omit Articles 7, 11, 13, 15, 17, 19, 21 and 23 and Schedule 10. Provisions of the 1999 Act extended to the Isle of Man — article 14 amended 7. In article 14(2)— (a) for sub-paragraph (a)(vi) substitute— “(vi) section 16 (security on grant of entry clearance);”; (b) after sub-paragraph (a)(vii), insert— “(viia) sections 20, 20A(f) and 21 (power to supply information to the Secretary of State, duty to supply nationality documents to Secretary of State and supply of information by Secretary of State);”; (c) after sub-paragraph (a)(ix), insert— “(ixa) section 24A(g) (duty to report suspicious civil partnerships);”. Insertion of Article 21A 8. After Article 21 insert— (a) 2007 c.30. (b) The definition of “the 2014 Act” was added by S.I. 2015/1765. (c) 2016 c. 19. (d) AT 11 of 2015. (e) The Cabinet Office is a Department of the Isle of Man Government, and its Minister is also the Chief Minister of the Isle of Man. (f) Section 20A was inserted by s. 55(11) of 2016 c. 19. (g) Section 24A was inserted by 2004 c. 33 Sch. 27 para 162. 2 “Extension of the 2007 Act to the Isle of Man 21A. —(1) The following provisions of the 2007 Act shall extend to the Isle of Man subject to the modifications specified in Schedule 9ZA. (2) The provisions are— (a) section 5 (registration regulations); (b) section 6 (regulations: supplemental); (c) section 7 (effect of non-compliance); (d) section 8 (use and retention of biometric information); (e) section 9 (penalty); (f) section 10 (penalty: objection); (g) section 11 (penalty: appeal); (h) section 12 (penalty: enforcement); (i) section 13 (penalty: code of practice); (j) section 14 (penalty: prescribed matters); (k) section 15 (interpretation); (l) section 61 (citation).”. Immigration Act 2014 – Article 22 amended 9. For article 22(2)(a) substitute— “(2) The provisions are — (a) section 8 (provision of biometric information with immigration applications); (b) section 11 (biometric immigration documents); (c) section 12 (meaning of “biometric information”) and Schedule 2 (which supplements that section by consequentially amending other enactments); (d) section 13 (safeguards for children); (e) section 14 (use and retention of biometric information); (f) section 68 (fees); (g) section 69 (fees orders and fees regulations: supplemental); (h) section 70 (power to charge fees for attendance services in particular cases).”. Immigration Act 2016 — Article 22A inserted 10. After article 22 insert— “Extension of the Immigration Act 2016 to the Isle of Man 22A. —(1) The following provisions of the 2016 Act shall extend to the Isle of Man subject to the modifications specified in Schedule 9B. (2) The provisions are— (a) section 55 (supply of information to the Secretary of State); (b) Schedule 9 (persons to whom section 20A of the 1999 Act applies).”. (a) Article 22 was added by art. 5 of S.I. 2015/765. 3 Immigration Act 1971 applied in modified form — Schedule 3 amended 11. —(1) Schedule 3 (which sets out the modifications subject to which the Immigration Act 1971(a) extends to the Isle of Man) is amended as follows. (2) In paragraph 1(4), for “Council of Ministers” substitute “Minister”. (3) In paragraph 3(3), for “Governor” substitute “Minister”. (4) In paragraph 4— (a) in sub-paragraph (3) — (i) in paragraph (a), for “Council of Ministers” substitute “Minister”; (ii) omit paragraph (c); (iii) in the text substituted by paragraph (d), for “Council of Ministers” substitute “Minister”; (b) in sub-paragraph (4), for “Governor” substitute “Minister”. (5) In paragraph 5(3), for “Governor” substitute “Minister”. (6) In paragraph 6(3), for “Governor” substitute “Minister”. (7) In paragraph 7(3), for “Governor” substitute “Minister”. (8) In paragraph 9— (a) for subparagraph (2) substitute— “(2) In subsection (1)( b)— (a) for “the United Kingdom” in both places substitute “the Isle of Man”; (b) for “Secretary of State” substitute “Minister”; (c) for “order made by statutory instrument” substitute “an order made by the Minister”.”; (b) in sub-paragraph (4)(a), for “Governor” substitute “Minister”. (9) In paragraph 10— (a) in sub-paragraph (3), for “Governor” substitute “Minister”; (b) for sub-paragraph (4)( c), substitute— “(4) In subsection (4)— (a) in paragraph (a), after “his wife” insert “, husband or civil partner”; (b) in paragraph (b), after “her husband” insert “, wife or civil partner”.”. (10) In paragraph 12(2)(c), for “Governor’s” substitute “Minister’s”. (11) In paragraph 13(3)(a), for “Governor” substitute “Minister”. (12) In paragraph 15— (a) for sub-paragraph (2C)(d) substitute— “(2C) For subsection (4)(b) substitute— “(b) a person who, under regulations under section 1 of the Sanctions and Anti- Money Laundering Act 2018 (referred to in this section as “the 2018 Act”) (as that section has effect in the United Kingdom), is an excluded person for the purposes of this section as it has effect in the United Kingdom (see section 4 of the 2018 Act as it has effect there);”.”; (b) in sub-paragraph (3A)( e)— (a) 1971 c. 77. (b) Subsection (1) was amended by para. 45 of Sch. 14 to 1999 c. 33: there is a further amendment to subsection (1), but it has not been applied to the Isle of Man. (c) Paragraph 10(4) was added by Sch. 1, para. 2(a) of S.I. 2011/1408. (d) Sub-paragraph (2C) was inserted by art. 4(4)(b) of S.I. 2016/755. (e) Sub-paragraph (3A) was inserted by art. 4(4)(d) of S.I. 2016/755. 4 (i) in the text of the inserted subsection (5A)(a), for “the Isle of Man’s obligations” substitute “the obligations of the United Kingdom in respect of the Isle of Man”, (ii) after the inserted subsection (5A) insert— “(5B) In relation to any person within subsection (4)(b), subsections (1) to (3) are subject to any exception created under, or direction given by virtue of, section 15(4) (power to create exceptions) of the 2018 Act (as it has effect in the United Kingdom).”. (13) In paragraph 16(5) and (7)( a) for “Governor” substitute “Minister”. (14) In paragraph 23(4), for “Governor” substitute “Minister”. (15) In paragraph 28(2) for “Governor” substitute “Minister”. (16) In paragraph 34— (a) in sub-paragraph (2) for “Governor” substitute “Minister”; (b) in sub-paragraph (3) for “or Deputy Chief Constable” substitute “or a Superintendent”. (17) In paragraph 41(3) for “Governor” substitute “Minister”. (18) In paragraph 43(3) for “the Governor” substitute “the Minister”. (19) In paragraph 45(4) for “Governor” substitute “Minister”. (20) In paragraph 46(2)(b) omit the definition of “Council of Ministers” and at the same place insert ““Minister” means the Minister for the Cabinet Office (a Department constituted under the Government Departments Act 1987 (an Act of Tynwald)( b);”.
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