Article 20
1.—(1) Section 7 of the 2006 Act is modified as follows.
(2) Omit subsection (2).
2.—(1) Section 11 of the 2006 Act is modified as follows.
(2) Omit subsection (6).
3.—(1) Section 27 of the 2006 Act is modified as follows.
(2) Omit subsection (2).
4.—(1) Section 28 of the 2006 Act is modified as follows.
(2) Omit subsection (4).
5.—(1) Section 50 of the 2006 Act is modified as follows.
(2) In subsection (2), for “Secretary of State” substitute “Council of Ministers”.
(3) Omit subsection (3).
6.—(1) Section 51 of the 2006 Act is modified as follows.
(2) In subsections (1), (2) and (3), for “Secretary of State” substitute “Governor”.
(3) In subsection (4), for “Consolidated Fund” substitute “General Revenue of the Isle of Man”.
7.—(1) Section 52 of the 2006 Act is modified as follows.
(2) In subsection (1)—
(a) for “United Kingdom” substitute “Isle of Man”;
(b) for paragraph (a) substitute—
“(a) the Fees and Duties Act 1989 (an Act of Tynwald)(152), and”.
(3) At the end of (3)(c), (4)(a) and (5)(a) omit “and”.
(4) Omit subsections (2), (3)(d), (4)(b) and (5)(b).
(5) In subsection (6), for “United Kingdom” substitute “Isle of Man”.
8.—(1) Section 54 of the 2006 Act is modified as follows.
(2) In subsection (2), for “Terrorism Act 2000 (c.11)” substitute “Anti-Terrorism and Crime Act 2003 (an Act of Tynwald)(153)”.
9.—(1) Section 64 of the 2006 Act is modified as follows.
(2) Omit subsections (2)(c) and (3).
Articles 7, 11, 13, 15, 17, 19 and 21
Article 7
(1) All those who are in this Act expressed to have the right of abode in the Isle of Man shall be free to live in, and to come and go into and from, the Isle of Man without let or hindrance except such as may be required under and in accordance with this Act to enable their right to be established or as may be otherwise lawfully imposed on any person.
(2) Those not having that right may live, work and settle in the Isle of Man by permission and subject to such regulation and control of their entry into, stay in and departure from the Isle of Man as is imposed by this Act; and indefinite leave to enter or remain in the Isle of Man shall, by virtue of this provision be treated as having been given under this Act to those in the Isle of Man at its coming into force, if they are then settled there (and not exempt under this Act from the provisions relating to leave to enter or remain).
(3) Arrival in and departure from the Isle of Man on a local journey from or to the United Kingdom, the Channel Islands or the Republic of Ireland shall not be subject to control under this Act, nor shall a person require leave to enter the Isle of Man on so arriving, except in so far as any of those places is for any purpose excluded from this subsection under the powers conferred by this Act; and in this Act the Isle of Man and those places, or such of them as are not so excluded, are collectively referred to as “the common travel area”.
(4) The rules laid down by the Council of Ministers as to the practice to be followed in the administration of this Act for regulating the entry into and stay in the Isle of Man of persons not having the right of abode shall include provision for admitting (in such cases and subject to such restrictions as may be provided by the rules, and subject or not to conditions as to length of stay or otherwise) persons coming for the purpose of taking employment, or for purposes of study, or as visitors, or as dependants of persons lawfully in or entering the Isle of Man.
(1) A person is under this Act to have the right of abode in the Isle of Man if—
(a) he is a British citizen; or
(b) he is a Commonwealth citizen who—
(i) immediately before the extension of section 39(2) of the British Nationality Act 1981 to the Isle of Man was a Commonwealth citizen having the right of abode in the Isle of Man by virtue of section 2(1)(d) or section 2(2) of this Act as then in force in the Isle of Man; and
(ii) has not ceased to be a Commonwealth citizen in the meanwhile.
(2) In relation to Commonwealth citizens who have the right of abode in the Isle of Man by virtue of subsection (1)(b) above, this Act, except this section and section 5(2), shall apply as if they were British citizens; and in this Act (except as aforesaid) “British citizen” shall be construed accordingly.
(1) The Governor may by order remove from a specified person a right of abode in the Isle of Man which he has under section 2(1)(b).
(2) The Governor may make an order under subsection (1) in respect of a person only if the Governor thinks that it would be conducive to the public good for the person to be excluded or removed from the Isle of Man.
(3) An order under subsection (1) may be revoked by order of the Governor.
(4) While an order under subsection (1) has effect in relation to a person—
(a) section 2(2) shall not apply to him, and
(b) any certificate of entitlement granted to him shall have no effect.
(1) Except as otherwise provided by or under this Act, where a person is not a British citizen—
(a) he shall not enter the Isle of Man unless given leave to do so in accordance the provisions of, or made under, with this Act;
(b) he may be given leave to enter the Isle of Man (or, when already there, leave to remain in the Isle of Man) either for a limited or for an indefinite period;
(c) if he is given limited leave to enter or remain in the Isle of Man, it may be given subject to all or any of the following conditions, namely—
(i) a condition restricting his employment or occupation in the Isle of Man;
(ii) a condition requiring him to maintain and accommodate himself, and any dependants of his, without recourse to public funds; and
(iii) a condition requiring him to register with the police.
(2) The Council of Ministers shall from time to time (and as soon as may be) lay before Tynwald statements of the rules, or of any changes in the rules, laid down by it as to the practice to be followed in the administration of this Act for regulating the entry into and stay in the Isle of Man of persons required by this Act to have leave to enter, including any rules as to the period for which leave is to be given and the conditions to be attached in different circumstances; and section 1(4) above shall not be taken to require uniform provision to be made by the rules as regards admission of persons for a purpose or in a capacity specified in section 1(4) (and in particular, for this as well as other purposes of this Act, account may be taken of citizenship or nationality).
If a statement laid before Tynwald under this subsection is disapproved by resolution passed at the sitting before which it is so laid or at the next following sitting of Tynwald then the Council of Ministers shall make changes or further changes in the rules as appear to it to be required in the circumstances and the statement of those changes shall be laid before Tynwald as soon as practicable after the said resolution was passed.
(3) In the case of a limited leave to enter or remain in the Isle of Man—
(a) a person’s leave may be varied, whether by restricting, enlarging or removing the limit on its duration, or by adding, varying or revoking conditions, but if the limit on its duration is removed, any conditions attached to the leave shall cease to apply; and
(b) the limitation on and any conditions attached to a person’s leave (whether imposed originally or on a variation) shall, if not superseded, apply also to any subsequent leave he may obtain after an absence from the Isle of Man within the period limited for the duration of the earlier leave.
(4) A person’s leave to enter or remain in the Isle of Man shall lapse on his going to a country or territory outside the common travel area (whether or not he lands there), unless within the period for which he had leave he returns to the Isle of Man in circumstances in which he is not required to obtain leave to enter; but, if he does so return, his previous leave (and any limitation on it or conditions attached to it) shall continue to apply.
(5) A person who is not a British citizen is liable to deportation from the Isle of Man if—
(a) the Governor deems his deportation to be conducive to the public good; or
(b) another person to whose family he belongs is or has been ordered to be deported.
(6) Without prejudice to the operation of subsection (5) above, a person who is not a British citizen shall also be liable to deportation from the Isle of Man if, after he has attained the age of seventeen, he is convicted of an offence for which he is punishable with custody and on his conviction is recommended for deportation by a court empowered by this Act to do so.
(7) Any Order in Council made by Her Majesty under this subsection as it has effect in the United Kingdom shall have effect in the Isle of Man.
(8) When any question arises under this Act whether or not a person is a British citizen, or is entitled to any exemption under this Act, it shall lie on the person asserting it to prove that he is.
(9) A person seeking to enter the Isle of Man and claiming to have the right of abode there shall prove it by means of—
(a) a United Kingdom passport describing him as a British citizen,
(b) a United Kingdom passport describing him as a British subject with the right of abode in the United Kingdom,
(c) an ID card issued under the Identity Cards Act 2006 describing him as a British citizen,
(d) an ID card issued under that Act describing him as a British subject with the right of abode in the United Kingdom, or
(e) a certificate of entitlement.
(1) The Governor may by order make further provision with respect to the giving, refusing or varying of leave to enter the Isle of Man.
(2) An order under subsection (1) may, in particular, provide for—
(a) leave to be given or refused before the person concerned arrives in the Isle of Man;
(b) the form or manner in which leave may be given, refused or varied;
(c) the imposition of conditions;
(d) a person’s leave to enter not to lapse on his leaving the common travel area.
(3) The Governor may by order provide that, in such circumstances as may be prescribed—
(a) an entry visa, or
(b) such other form of entry clearance as may be prescribed,
is to have effect as leave to enter the Isle of Man.
(4) An order under subsection (3) may, in particular—
(a) provide for a clearance to have effect as leave to enter—
(i) on a prescribed number of occasions during the period for which the clearance has effect;
(ii) on an unlimited number of occasions during that period;
(iii) subject to prescribed conditions; and
(b) provide for a clearance which has the effect referred to in paragraph (a)(i) or (ii) to be varied by the Governor or an immigration officer so that it ceases to have that effect.
(5) Only conditions of a kind that could be imposed on leave to enter given under section 3 may be prescribed.
(6) In subsections (3), (4) and (5) “prescribed” means prescribed in an order made under subsection (3).
(7) The Governor may, in such circumstances as may be prescribed in an order made by him, give or refuse leave to enter the Isle of Man.
(8) An order under subsection (7) may provide that, in such circumstances as may be prescribed by the order, paragraphs 2, 4, 6, 7, 8, 9 and 21 of Part 1 of Schedule 2 to this Act are to be read, in relation to the exercise by the Governor of functions which he has as a result of the order, as if references to an immigration officer included references to the Governor.
(9) Subsection (8) is not to be read as affecting any power conferred by subsection (10).
(10) An order under this section may—
(a) contain such incidental, supplemental, consequential and transitional provision as the Governor considers appropriate; and
(b) make different provision for different cases; and
(c) make provision with respect to leave given before such an order comes into force.
(11) This Act and any provision made under it has effect subject to any order made under this section.
(1) The Governor may by order make provision as to further provision with respect to the giving, refusing or varying of leave to remain in the Isle of Man.
(2) An order under subsection (1) may, in particular, provide for—
(a) the form or manner in which leave may be given, refused or varied;
(b) the imposition of conditions;
(c) a person’s leave to remain in the Isle of Man not to lapse on his leaving the common travel area.
(3) An order under this section may—
(a) contain such incidental, supplemental, consequential and transitional provision as the Governor considers appropriate; and
(b) make different provision for different cases; and
(c) make provision with respect to leave given before such an order comes into force.
(4) This Act and any provision made under it has effect subject to any order made under this section.
(1) This section applies if—
(a) a person who has limited leave to enter or remain in the Isle of Man applies to the Governor for variation of the leave,
(b) the application for variation is made before the leave expires, and
(c) the leave expires without the application for variation having been decided.
(2) The leave is extended by virtue of this section during any period when—
(a) the application for variation is neither decided nor withdrawn,
(b) an appeal under section 82(1) of the Nationality, Asylum and Immigration Act 2002 could be brought, while the appellant is in the Isle of Man against the decision on the application for variation (ignoring any possibility of an appeal out of time with permission), or
(c) an appeal under that section against that decision, brought while the appellant is in the Isle of Man, is pending (within the meaning of section 104 of that Act).
(3) Leave extended by virtue of this section shall lapse if the applicant leaves the Isle of Man.
(4) A person may not make an application for variation of his leave to enter or remain in the Isle of Man while that leave is extended by virtue of this section.
(5) But subsection (4) does not prevent the variation of the application mentioned in subsection (1)(a).
(6) The Governor may make regulations determining when an application is decided for the purposes of this section; and the regulations—
(a) may make provision by reference to receipt of a notice,
(b) may provide for a notice to be treated as having been received in specified circumstances,
(c) may make different provision for different purposes or circumstances.
(1) This section applies if a person’s leave to enter or remain in the Isle of Man—
(a) is varied with the result that he has no leave to enter or remain in the Isle of Man, or
(b) is revoked.
(2) The person’s leave is extended by virtue of this section during any period when—
(a) an appeal under section 82(1) of the Nationality, Immigration and Asylum Act 2002 could be brought, while the person is in the Isle of Man, against the variation or revocation (ignoring any possibility of an appeal out of time with permission), or
(b) an appeal under that section against the variation or revocation, brought while the appellant is in the Isle of Man, is pending (within the meaning of section 104 of that Act).
(3) A person’s leave as extended by virtue of this section shall lapse if he leaves the Isle of Man.
(4) A person may not make an application for variation of his leave to enter or remain in the Isle of Man while that leave is extended by virtue of this section.
(1) The following powers under this Act shall be exercised as hereinafter provided, that is to say—
(a) the power to give or refuse leave to enter the Isle of Man shall be exercised by immigration officers,
(b) the power to give leave to remain in the Isle of Man, and the power under section 3(3)(a) to vary any leave as regards duration, shall be exercised by the Governor, and
(c) the power under section 3(3)(a) to vary any leave otherwise than as regards duration shall be exercised by the Council of Ministers,
and unless otherwise allowed by or under this Act, those powers should be exercised by notice in writing given to the person affected, except that the powers under section 3(3)(a) may be exercised generally in respect of any class of persons by order.
(2) The provisions of Schedule 2 to this Act shall have effect with respect to—
(a) the appointment and powers of immigration officers and medical inspectors for purposes of this Act;
(b) the examination of persons arriving in or leaving the Isle of Man by ship or aircraft, and the special powers exercisable in the case of those who arrive as, or with a view to becoming, members of the crews of ships and aircraft; and
(c) the exercise by immigration officers of their powers in relation to entry into the Isle of Man, and the removal from the Isle of Man of persons refused leave to enter or entering or remaining unlawfully; and
(d) the detention of persons pending examination or pending removal from the Isle of Man;
and for other purposes supplementary to the foregoing provisions of this Act.
(3) The Governor may by regulations make provision as to the effect of a condition under this Act requiring a person to register with the police; and the regulations may include provision—
(a) as to the officers of police by whom registers are to be maintained, and as to the form and content of the registers;
(b) as to the place and manner in which anyone is to register and as to the documents and information to be furnished by him, whether on registration or on any change of circumstances;
(c) as to the issue of certificates of registration and as to the payment of fees for certificates of registration;
and the regulations may require anyone who is for the time being subject to such a condition to produce a certificate of registration to such persons and in such circumstances as may be prescribed by the regulations.
(4) The Governor may by order make such provision as appears to him to be expedient in connection with this Act for records to be made and kept of persons staying at hotels and other premises where lodging or sleeping accommodation is provided, and for persons (whether British citizens or not) who stay at any such premises to supply the necessary information.
(1) Where a person is under section 3(5) or (6) above liable to deportation, then subject to the following provisions of this Act the Governor may make a deportation order against him, that is to say an order requiring him to leave and prohibiting him from entering the Isle of Man; and a deportation order against a person shall invalidate any leave to enter or remain in the Isle of Man given him before the order is made or while it is in force.
(2) A deportation order against a person may at any time be revoked by a further order of the Governor, and shall cease to have effect if he becomes a British citizen.
(3) A deportation order shall not be made against a person as belonging to the family of another person if more than eight weeks have elapsed since the other person left the Isle of Man after the making of the deportation order against him; and a deportation order made against a person on that ground shall cease to have effect if he ceases to belong to the family of the other person, or if the deportation order made against the other person ceases to have effect.
(4) For purposes of deportation the following shall be those who are regarded as belonging to another person’s family—
(a) where that other person is a man, his wife and his or her children under the age of eighteen; and
(b) where that other person is a woman, her husband and her or his children under the age of eighteen;
and for purposes of this subsection an adopted child, whether legally adopted or not, may be treated as the child of the adopter and, if legally adopted, shall be regarded as the child only of the adopter; an illegitimate child (subject to the foregoing rule as to adoptions) shall be regarded as the child of the mother; and “wife” includes each of two or more wives.
(5) The provisions of Schedule 3 to this Act shall have effect with respect to the removal from the Isle of Man of persons against whom deportation orders are in force and with respect to the detention or control of persons in connection with deportation.
(6) Where a person is liable to deportation under section 3(5) or (6) above but, without a deportation order being made against him, leaves the Isle of Man to live permanently abroad, the Governor may make payments of such amounts as he may determine to meet that person’s expenses in so leaving the Isle of Man, including travelling expenses for members of his family or household.
(1) Where under section 3(6) above a person convicted of an offence is liable to deportation on the recommendation of a court, he may be recommended for deportation by any court having power to sentence him for the offence unless the court commits him to be sentenced or further dealt with for that offence by another court.
(2) A court shall not recommend a person for deportation unless he has been given not less than seven days notice in writing stating that a person is not liable to deportation if he is a British citizen, describing the persons who are British citizens and stating (so far as material) the effect of section 3(8) above and section 7 below; but the powers of adjournment conferred by section 9 of the Summary Jurisdiction Act 1989 (an Act of Tynwald) shall include power to adjourn, after convicting an offender, for the purpose of enabling a notice to be given to him under this subsection or, if a notice was so given to him less than seven days previously, for the purpose of enabling the necessary seven days to elapse.
(3) For purposes of section 3(6) above—
(a) a person shall be deemed to have attained the age of seventeen at the time of his conviction if, on consideration of any available evidence, he appears to have done so to the court making or considering a recommendation for deportation; and
(b) the question whether an offence is one for which a person is punishable with custody shall be determined without regard to any enactment restricting the custody of young offenders or persons who have not previously been sentenced to custody;
and for purposes of deportation a person who on being charged with an offence is found to have committed it shall, notwithstanding any enactment to the contrary and notwithstanding that the court does not proceed to conviction, be regarded as a person convicted of the offence, and references to conviction shall be construed accordingly.
(4) Notwithstanding any rule of practice restricting the matters which ought to be taken into account in dealing with an offender who is sentenced to custody, a recommendation for deportation may be made in respect of an offender who is sentenced to custody for life.
(5) Where a court recommends or purports to recommend a person for deportation, the validity of the recommendation shall not be called in question except on an appeal against the recommendation or against the conviction on which it is made; but the recommendation shall be treated as a sentence for the purpose of any enactment providing an appeal against sentence.
(6) A deportation order shall not be made on the recommendation of a court so long as an appeal or further appeal is pending against the recommendation or against the conviction on which it was made; and for this purpose an appeal or further appeal shall be treated as pending (where one is competent but has not been brought) until the expiration of the time for bringing that appeal.
(1) Notwithstanding anything in section 3(5) or (6) above but subject to the provisions of this section, a Commonwealth citizen or citizen of the Republic of Ireland who was such a citizen at the coming into force of this Act and was then ordinarily resident in the Isle of Man—
(b) shall not be liable to deportation under section 3(5) if at the time of the Governor’s decision he had for the last five years been ordinarily resident in the United Kingdom and Islands; and
(c) shall not on conviction of an offence be recommended for deportation under section 3(6) if at the time of the conviction he had for the last five years been ordinarily resident in the United Kingdom and Islands.
(2) A person who has at any time become ordinarily resident in the United Kingdom or in any of the Islands shall not be treated for the purposes of this section as having ceased to be so by reason only of his having remained there in breach of the immigration laws.
(3) The “last five years” before the material time under subsection (1)(b) or (c) above is to be taken as a period amounting in total to five years exclusive of any time during which the person claiming exemption under this section was undergoing custody or detention by virtue of a sentence passed for an offence on a conviction in the United Kingdom and Islands, and the period for which he was imprisoned or detained by virtue of the sentence amounted to six months or more.
(4) For purposes of subsection (3) above—
(a) “sentence” includes any order made on conviction of an offence; and
(b) two or more sentences for consecutive (or partly consecutive) terms shall be treated as a single sentence; and
(c) a person shall be deemed to be detained by virtue of a sentence—
(i) at any time when he is liable to custody or detention by virtue of the sentence, but is unlawfully at large; and
(ii) (unless the sentence is passed after the material time) during any period of custody by which under any relevant enactment the term to be served under the sentence is reduced.
In paragraph (c)(ii) above “relevant enactment” means section 6 of the Custody Act 1995 (an Act of Tynwald) and any similar enactment which is for the time being or has (before or after the passing of this Act) been in force in any part of the United Kingdom and Islands.
(5) Nothing in this section shall be taken to exclude the operation of section 3(8) above in relation to an exemption under this section.
(1) Where a person arrives at a place in the Isle of Man as a member of the crew of a ship or aircraft under an engagement requiring him to leave on that ship as a member of the crew, or to leave within seven days on that or another aircraft as a member of its crew, then unless either—
(a) there is in force a deportation order made against him; or
(b) he has at any time been refused leave to enter the Isle of Man and has not since then been given leave to enter or remain in the Isle of Man; or
(c) an immigration officer requires him to submit to examination in accordance with Schedule 2 to this Act;
he may without leave enter the Isle of Man at that place and remain until the departure of the ship or aircraft on which he is required by his engagement to leave.
(2) The Governor may by order exempt any person or class of persons, either unconditionally or subject to such conditions as may be imposed by or under the order, from all or any of the provisions of this Act relating to those who are not British citizens.
Section 166(4) of the Immigration and Asylum Act 1999 (Tynwald procedure) does not apply to an order under this subsection, except one made with respect to a class of persons.
(3) Subject to subsection (3A) below, the provisions of this Act relating to those who are not British citizens shall not apply to any person so long as he is a member of a mission (within the meaning of the Diplomatic Privileges Act 1964), a person who is a member of the family and forms part of the household of such a member, or a person otherwise entitled within the United Kingdom to the like immunity from jurisdiction as is conferred by that Act on a diplomatic agent.
(3A) For the purposes of subsection (3), a member of a mission other than a diplomatic agent (as defined by the 1964 Act) is not to count as a member of a mission unless—
(a) he was resident outside the Isle of Man, and was not in the Isle of Man, when he was offered a post as such a member; and
(b) he has not ceased to be such a member after having taken up the post.
(4) The provisions of this Act relating to those who are not British citizens, other than the provisions relating to deportation, shall also not apply to any person so long as either—
(a) he is subject, as a member of the home forces, to service law; or
(b) being a member of a Commonwealth force or of a force raised under the law of any colony, protectorate or protected state, is undergoing or about to undergo training in the Isle of Man with any body, contingent or detachment of the home forces; or
(c) he is serving or posted for service in the Isle of Man as a member of a visiting force or of any force raised as aforesaid or as a member of an international headquarters or defence organisation designated for the time being by an Order in Council under section 1 of the International Headquarters and Defence Organisations Act 1964.
(5) Where a person having a limited leave to enter or remain in the Isle of Man becomes entitled to an exemption under this section, that leave shall continue to apply after he ceases to be entitled to the exemption, unless it has by then expired; and a person is not to be regarded for purposes of this Act as having been settled in the Isle of Man at any time when he was entitled under the former immigration laws to any exemption corresponding to any of those afforded by subsection (3) or (4)(b) or (c) above or by any order under subsection (2) above.
(5A) An order under subsection (2) above may, as regards any person or class of persons to whom it applies, provide for that person or class to be in specified circumstances regarded (notwithstanding the order) as settled in the Isle of Man for the purposes of section 1(1) of the British Nationality Act 1981.
(6) In this section “the home forces” means any of Her Majesty’s forces other than a Commonwealth force or a force raised under the law of any associated state, colony, protectorate or protected state; “Commonwealth force” means a force of any country to which provisions of the Visiting Forces Act 1952 apply without an Order in Council under section 1 of the Act; and “visiting force” means a body, contingent or detachment of the forces of a country to which any of those provisions apply, being a body, contingent or detachment for the time being present in the Isle of Man on the invitation of Her Majesty’s Government in the United Kingdom.
(1) A person is exempt for the purposes of this section if he is exempt from provisions of this Act as a result of section 8(2) or (3).
(2) If a person who is exempt—
(a) ceases to be exempt, and
(b) requires leave to enter or remain in the Isle of Man as a result,
he is to be treated as if he had been given leave to remain in the Isle of Man for a period of 90 days beginning on the day on which he ceased to be exempt.
(3) If—
(a) a person who is exempt ceases to be exempt, and
(b) there is in force in respect of him leave for him to enter or remain in the Isle of Man which expires before the end of the period mentioned in subsection (2),
his leave is to be treated as expiring at the end of that period.
(1) An excluded person must be refused—
(a) leave to enter the Isle of Man;
(b) leave to remain in the Isle of Man.
(2) A person’s leave to enter or remain in the Isle of Man is cancelled on his becoming an excluded person.
(3) A person’s exemption from the provisions of this Act as a result of section 8(1), (2) or (3) ceases on his becoming an excluded person.
(4) “Excluded person” means a person—
(a) named by or under, or
(b) of a description specified in,
a designated instrument.
(5) The Council of Ministers may by order designate an instrument if it is a resolution of the Security Council of the United Nations or an instrument made by the Council of the European Union and it—
(a) requires that a person is not to be admitted to the Isle of Man (however that requirement is expressed); or
(b) recommends that a person should not be admitted to the Isle of Man (however that recommendation is expressed).
(6) Subsections (1) to (3) are subject to such exceptions (if any) as may specified in the order designating the instrument in question.
(1) The provisions of Schedule 4 to this Act shall have effect for the purpose of taking account in the Isle of Man of the operation in the United Kingdom or any of the Channel Islands of the immigration laws there.
(2) Persons who lawfully enter the Isle of Man on a local journey from a place in the common travel area after having either—
(a) entered the United Kingdom, any of the Channel Islands or the Republic of Ireland on coming from a place outside the common travel area; or
(b) left the Isle of Man while having a limited leave to enter or remain which has since expired;
if they are not British citizens (and are not to be regarded under Schedule 4 to this Act as having leave to enter the Isle of Man), shall be subject in the Isle of Man to such restrictions on the period for which they may remain, and such conditions restricting their employment or occupation or requiring them to register with the police or both, as may be imposed by an order of the Governor and may be applicable to them.
(3) Any provision of this Act applying to a limited leave or to conditions attached to a limited leave shall, unless otherwise provided, have effect in relation to a person subject to any restriction or condition by virtue of an order under subsection (2) above as if the provisions of the order applicable to him were terms on which he had been given leave under this Act to enter the Isle of Man.
(4) Section 1(3) above shall not be taken to affect the operation of a deportation order; and, subject to Schedule 4 to this Act, a person who is not a British citizen may not by virtue of section 1(3) enter the Isle of Man without leave on a local journey from a place in the common travel area if either—
(a) he is on arrival in the Isle of Man given written notice by an immigration officer stating that, the Governor having issued directions for him not to be given entry to the Isle of Man on the ground that his exclusion is conducive to the public good as being in the interests of national security, he is accordingly refused leave to enter the Isle of Man; or
(b) he has at any time been refused leave to enter the Isle of Man and has not since then been given leave to enter or remain in the Isle of Man.
(1) A person arriving in the Isle of Man by ship or aircraft shall for purposes of this Act be deemed not to enter the Isle of Man unless and until he disembarks, and on disembarkation at a port shall further be deemed not to enter the Isle of Man so long as he remains in such area (if any) at the port as may be approved for this purpose by an immigration officer; and a person who has not otherwise entered the Isle of Man shall be deemed not to do so as long as he is detained, or temporarily admitted or released while liable to detention, under the powers conferred by Schedule 2 to this Act or section 62 of the Nationality, Immigration and Asylum Act 2002.
(2) In this Act “disembark” means disembark from a ship or aircraft, and “embark” means embark in a ship or aircraft; and, except in subsection (1) above—
(a) references to disembarking in the Isle of Man do not apply to disembarking after a local journey from a place in the Isle of Man or elsewhere in the common travel area; and
(b) references to embarking in the Isle of Man do not apply to embarking for a local journey to a place in the Isle of Man or elsewhere in the common travel area.
(3) Except in so far as the context otherwise requires, references in this Act to arriving in the Isle of Man by ship shall extend to arrival by any floating structure, and “disembark” shall be construed accordingly; but the provisions of this Act specially relating to members of the crew of a ship shall not by virtue of this provision apply in relation to any floating structure not being a ship.
(4) For purposes of this Act “common travel area” has the meaning given by section 1(3), and a journey is, in relation to the common travel area, a local journey if but only if it begins and ends in the common travel area and is not made by a ship or aircraft which—
(a) in the case of a journey to a place in the Isle of Man, began its voyage from, or has during its voyage called at, a place not in the common travel area; or
(b) in the case of a journey from a place in the Isle of Man, is due to end its voyage in, or call in the course of its voyage at, a place not in the common travel area.
(5) A person who enters the Isle of Man lawfully by virtue of section 8(1) above, and seeks to remain beyond the time limited by section 8(1), shall be treated for purposes of this Act as seeking to enter the Isle of Man.
(1) A person who is not a British citizen shall be guilty of an offence punishable on summary conviction with a fine of not more than level 5 on the standard scale or with custody for not more than six months, or with both, in any of the following cases—
(a) if contrary to this Act he knowingly enters the Isle of Man in breach of a deportation order or without leave;
(b) if, having only a limited leave to enter or remain in the Isle of Man, he knowingly either—
(i) remains beyond the time limited by the leave; or
(ii) fails to observe a condition of the leave;
(c) if, having lawfully entered the Isle of Man without leave by virtue of section 8(1) above, he remains without leave beyond the time allowed by section 8(1);
(d) if, without reasonable excuse, he fails to comply with any requirement imposed on him under Schedule 2 to this Act to report to, or to attend, or submit to a test or examination, as required by, a director of public health or deputy director of public health;
(e) if, without reasonable excuse, he fails to observe any restriction imposed on him under Schedule 2 or 3 to this Act as to residence, as to his employment or occupation or as to reporting to the police or to an immigration officer;
(f) if he disembarks in the Isle of Man from a ship or aircraft after being placed on board under Schedule 2 or 3 to this Act with a view to his removal from the Isle of Man;
(g) if he embarks in contravention of a restriction imposed by or under an Order in Council under section 3(7) of this Act as it has effect in the United Kingdom.
1989 c.12 (Isle of Man). Back [152]
2003 c.6 (Isle of Man). Back [153]