Office of Public Sector Information
SCHEDULE 10 continued PART 1 continued
if the presence of that person at a place other than one where he is to be detained is necessary for the effective investigation of the offence.
(4) An officer who has relied on subsection (3) must inform a senior officer as soon as is practicable.
(5) The officer authorising a search, or who is informed of one under subsection (4), must make a record in writing of—
(a) the grounds for the search; and
(b) the nature of the evidence that was sought.
(6) An officer searching premises under this section may seize and retain anything he finds which he has reasonable grounds for suspecting is relevant evidence.
(7) “Relevant evidence” means evidence, other than items subject to legal privilege, that relates to the offence in question.
(8) “Senior officer” means an immigration officer not below the rank of chief immigration officer.
(1) This section applies where—
(a) a person has been arrested for an offence under section 24(1) or 24A(1),
(b) a person has been arrested under paragraph 17 of Schedule 2,
(c) a constable or immigration officer reasonably believes that a person is liable to arrest for an offence under section 24(1) or 24A(1), or
(d) a constable or immigration officer reasonably believes that a person is liable to arrest under paragraph 17 of Schedule 2.
(2) A constable or immigration officer may search business premises where the arrest was made or where the person liable to arrest is if the constable or immigration officer reasonably believes—
(a) that a person has committed an immigration employment offence in relation to the person arrested or liable to arrest, and
(b) that employee records, other than items subject to legal privilege, will be found on the premises and will be of substantial value (whether on their own or together with other material) in the investigation of the immigration employment offence.
(3) A constable or officer searching premises under subsection (2) may seize and retain employee records, other than items subject to legal privilege, which he reasonably suspects will be of substantial value (whether on their own or together with other material) in the investigation of an immigration employment offence
(4) The power under subsection (2) may be exercised only—
(a) to the extent that it is reasonably required for the purpose of discovering employee records other than items subject to legal privilege,
(b) if the constable or immigration officer produces identification showing his status, and
(c) if the constable or immigration officer reasonably believes that at least one of the conditions in subsection (5) applies.
(5) Those conditions are—
(a) that it is not practicable to communicate with a person entitled to grant access to the records,
(b) that permission to search has been refused,
(c) that permission to search would be refused if requested, and
(d) that the purpose of a search may be frustrated or seriously prejudiced if it is not carried out in reliance on subsection (2).
(6) Subsection (4)(b) applies—
(a) whether or not a constable or immigration officer is asked to produce identification, but
(b) only where premises are occupied.
(7) In this section “immigration employment offence” means an offence under section 8 of the Asylum and Immigration Act 1996 (employment).
(1) This section applies where on an application made by an immigration officer in respect of business premises a justice of the peace is satisfied that there are reasonable grounds for believing—
(a) that an employer has provided inaccurate or incomplete information under section 134 of the Nationality, Immigration and Asylum Act 2002 (compulsory disclosure by employer),
(b) that employee records, other than items subject to legal privilege, will be found on the premises and will enable deduction of some or all of the information which the employer was required to provide, and
(c) that at least one of the conditions in subsection (2) is satisfied.
(2) Those conditions are—
(a) that it is not practicable to communicate with a person entitled to grant access to the premises,
(b) that it is not practicable to communicate with a person entitled to grant access to the records,
(c) that entry to the premises or access to the records will not be granted unless a warrant is produced, and
(d) that the purpose of a search may be frustrated or seriously prejudiced unless an immigration officer arriving at the premises can secure immediate entry.
(3) The justice of the peace may issue a warrant authorising an immigration officer to enter and search the premises.
(4) Subsection (7)(a) of section 28D shall have effect for the purposes of this section as it has effect for the purposes of that section.
(5) An immigration officer searching premises under a warrant issued under this section may seize and retain employee records, other than items subject to legal privilege, which he reasonably suspects will be of substantial value (whether on their own or together with other material) in the investigation of an offence under section 137 of the Nationality, Immigration and Asylum Act 2002 (disclosure of information: offences) in respect of a requirement under section 134 of that Act.
(1) This section applies if a person is arrested for an offence under this Part at a place other than a police station.
(2) An immigration officer may search the arrested person if he has reasonable grounds for believing that the arrested person may present a danger to himself or others.
(3) The officer may search the arrested person for—
(a) anything which he might use to assist his escape from lawful custody; or
(b) anything which might be evidence relating to the offence for which he has been arrested.
(4) The power conferred by subsection (3) may be exercised—
(a) only if the officer has reasonable grounds for believing that the arrested person may have concealed on him anything of a kind mentioned in that subsection; and
(b) only to the extent that it is reasonably required for the purpose of discovering any such thing.
(5) A power conferred by this section to search a person is not to be read as authorising an officer to require a person to remove any of his clothing in public other than an outer coat, jacket or glove; but it does authorise the search of a person’s mouth.
(6) An officer searching a person under subsection (2) may seize and retain anything he finds, if he has reasonable grounds for believing that that person might use it to cause physical injury to himself or to another person.
(7) An officer searching a person under subsection (3) may seize and retain anything he finds, if he has reasonable grounds for believing—
(a) that that person might use it to assist his escape from lawful custody; or
(b) that it is evidence which relates to the offence in question.
(8) Subsection (7)(b) does not apply to an item subject to legal privilege.
(1) This section applies if a person—
(a) has been arrested for an offence under this Part; and
(b) is in custody at a police station or in police detention at a place other than a police station.
(2) An immigration officer may, at any time, search the arrested person in order to see whether he has with him anything—
(a) which he might use to—
(i) cause physical injury to himself or others;
(ii) damage property;
(iii) interfere with evidence; or
(iv) assist his escape; or
(b) which the officer has reasonable grounds for believing is evidence relating to the offence in question.
(3) The power may be exercised only to the extent that the custody officer concerned considers it to be necessary for the purpose of discovering anything of a kind mentioned in subsection (2).
(4) An officer searching a person under this section may seize anything he finds, if he has reasonable grounds for believing that—
(a) that person might use it for one or more of the purposes mentioned in subsection (2)(a); or
(b) it is evidence relating to the offence in question.
(5) Anything seized under subsection (4)(a) may be retained by the police.
(6) Anything seized under subsection (4)(b) may be retained by an immigration officer.
(7) The person from whom something is seized must be told the reason for the seizure unless he is—
(a) violent or appears likely to become violent; or
(b) incapable of understanding what is said to him.
(8) An intimate search may not be conducted under this section.
(9) The person carrying out a search under this section must be of the same sex as the person searched.
(10) “Custody officer” has the same meaning as in the Police Powers and Procedures Act 1998 (an Act of Tynwald).
(11) “Intimate search” has the meaning given by section 69 of that Act of Tynwald.
(12) “Police detention” has the meaning given by section 81(2) of that Act.
(1) If a person showing himself—
(a) to be the occupier of the premises on which seized material was seized, or
(b) to have had custody or control of the material immediately before it was seized,
asks the immigration officer who seized the material for a record of what he seized, the officer must provide the record to that person within a reasonable time.
(2) If a relevant person asks an immigration officer for permission to be granted access to seized material, the officer must arrange for him to have access to the material under the supervision—
(a) in the case of seized material within subsection (8)(a), of an immigration officer;
(b) in the case of seized material within subsection (8)(b), of a constable.
(3) An immigration officer may photograph or copy, or have photographed or copied, seized material.
(4) If a relevant person asks an immigration officer for a photograph or copy of seized material, the officer must arrange for—
(a) that person to have access to the material for the purpose of photographing or copying it under the supervision—
(i) in the case of seized material within subsection (8)(a), of an immigration officer;
(ii) in the case of seized material within subsection (8)(b), of a constable; or
(b) the material to be photographed or copied.
(5) A photograph or copy made under subsection (4)(b) must be supplied within a reasonable time.
(6) There is no duty under this section to arrange for access to, or the supply of a photograph or copy of, any material if there are reasonable grounds for believing that to do so would prejudice—
(a) the exercise of any functions in connection with which the material was seized; or
(b) an investigation which is being conducted under this Act, or any criminal proceedings which may be brought as a result.
(7) “Relevant person” means—
(a) a person who had custody or control of seized material immediately before it was seized, or
(b) someone acting on behalf of such a person.
(8) “Seized material” means anything—
(a) seized and retained by an immigration officer, or
(b) seized by an immigration officer and retained by the police,
under this Part.
(1) The entry or search of premises under a warrant is unlawful unless it complies with this section and section 28K.
(2) If an immigration officer applies for a warrant, he must—
(a) state the ground on which he makes the application and the provision of this Act under which the warrant would be issued;
(b) specify the premises which it is desired to enter and search; and
(c) identify, so far as is practicable, the persons or articles to be sought.
(3) An application for a warrant is to be supported by a complaint in writing and substantiated on oath
(5) The officer must answer on oath any question that the justice of the peace hearing the application asks him.
(6) A warrant shall authorise an entry on one occasion only.
(7) A warrant must specify—
(a) the name of the person applying for it;
(b) the date on which it is issued;
(c) the premises to be searched; and
(d) the provision of this Act under which it is issued.
(8) A warrant must identify, so far as is practicable, the persons or articles to be sought.
(9) Two copies of a warrant must be made.
(10) The copies must be clearly certified as copies.
(11) “Warrant” means a warrant to enter and search premises issued to an immigration officer under this Part or under paragraph 17(2) of Schedule 2.
(1) A warrant may be executed by any immigration officer.
(2) A warrant may authorise persons to accompany the officer executing it.
(3) Entry and search under a warrant must be—
(a) within one month from the date of its issue; and
(b) at a reasonable hour, unless it appears to the officer executing it that the purpose of a search might be frustrated.
(4) If the occupier of premises which are to be entered and searched is present at the time when an immigration officer seeks to execute a warrant, the officer must—
(a) identify himself to the occupier and produce identification showing that he is an immigration officer;
(b) show the occupier the warrant; and
(c) supply him with a copy of it.
(5) If—
(a) the occupier is not present, but
(b) some other person who appears to the officer to be in charge of the premises is present,
subsection (4) has effect as if each reference to the occupier were a reference to that other person.
(6) If there is no person present who appears to the officer to be in charge of the premises, the officer must leave a copy of the warrant in a prominent place on the premises.
(7) A search under a warrant may only be a search to the extent required for the purpose for which the warrant was issued.
(8) An officer executing a warrant must make an endorsement on it stating—
(a) whether the persons or articles sought were found; and
(b) whether any articles, other than articles which were sought, were seized.
(9) A warrant which has been executed, or has not been executed within the time authorised for its execution, must be returned to the Chief Registrar.
(10) A warrant returned under subsection (9) must be retained for 12 months by the Chief Registrar
(13) If during that 12 month period the occupier of the premises to which it relates asks to inspect it, he must be allowed to do so.
(14) “Warrant” means a warrant to enter and search premises issued to an immigration officer under this Part or under paragraph 17(2) of Schedule 2.
(1) In this Part, “premises” and “items subject to legal privilege” have the same meaning as in the Police Powers and Procedures Act 1998 (an Act of Tynwald).
(2) In this Part “business premises” means premises (or any part of premises) not used as a dwelling.
(3) In this Part “employee records” means records which show an employee’s—
(a) name,
(b) date of birth,
(c) address,
(d) length of service,
(e) rate of pay, or
(f) nationality or citizenship.
(4) The Governor may by order amend section 28CA(3)(a) to reflect a change in nomenclature.
There shall be defrayed out of moneys provided by Tynwald any expenses incurred by the Governor under or by virtue of this Act—
(a) by way of administrative expenses; or
(b) in connection with the removal of any person from the Isle of Man under Schedule 2 or 3 to this Act or the departure with him of his dependants, or his or their maintenance pending departure;
(1) If a form is prescribed for a particular kind of application under this Act, any application of that kind must be made in the prescribed form.
(2) If procedural or other steps are prescribed in relation to a particular kind of application under this Act, those steps must be taken in respect of any application of that kind.
(3) “Prescribed” means prescribed in regulations made by the Governor.
(3A) Regulations under this section may provide that a failure to comply with a specified requirement of the regulations—
(a) invalidates an application,
(b) does not invalidate an application, or
(c) invalidates an application in specified circumstances (which may be described wholly or partly by reference to action by the applicant, the Governor, an immigration officer or another person).
(4) Regulations under this section may prescribe for the purpose of subsection (1) a form specified in regulations made under this section as it has effect in the United Kingdom, subject to such modifications as may be prescribed.
(1) Any power conferred by Part 1 of this Act to make an order (other than a deportation order) or to give any directions includes power to revoke or vary the order or directions.
(2) Any document purporting to be an order, notice or direction made or given by the Governor for the purposes of the Immigration Acts and to be signed by him or on his behalf, and any document purporting to be a certificate of the Governor so given and to be signed by him or on his behalf, shall be received in evidence, and shall, until the contrary is proved, be deemed to be made or issued by him.
(3) Prima facie evidence of any such order, notice, direction or certificate as aforesaid may, in any legal proceedings or other proceedings under the Immigration Acts, be given by the production of a document bearing a certificate purporting to be signed by or on behalf of the Governor and stating that the document is a true copy of the order, notice, direction or certificate.
(4) Where an order under section 8(2) above applies to persons specified in a schedule to the order, or any directions of the Governor given for the purposes of the Immigration Acts apply to persons specified in a schedule to the directions, prima facie evidence of the provisions of the order or directions other than the prima facie evidence of the provisions of the order or directions other than the schedule and of any entry contained in the schedule may, in any legal proceedings or other proceedings under the Immigration Acts, be given by the production of a document purporting to be signed by or on behalf of the Governor and stating that the document is a true copy of the said provisions and of the relevant entry.
(1) For purposes of this Act, except in so far as the context otherwise requires—
“aircraft” includes hovercraft, “airport” includes hoverport and “port” includes airport;
“captain” means master (of a ship) or commander (of an aircraft);
“certificate of entitlement” means a certificate under section 10 of the Nationality, Immigration and Asylum Act 2002 that a person has the right of abode in the United Kingdom;
“constable” means any officer or member of the Isle of Man Constabulary, and “chief constable” shall be construed accordingly;
“Convention adoption” has the same meaning as in the Adoption Act 1984 (an Act of Tynwald);
“Council of Ministers” means the Council of Ministers of the Isle of Man;
“crew”, in relation to a ship or aircraft, means all persons actually employed in the working or service of the ship or aircraft, including the captain, and “member of the crew” shall be construed accordingly;
“entrant” means a person entering or seeking to enter the Isle of Man and “illegal entrant” means a person—
unlawfully entering or seeking to enter in breach of a deportation order or of the immigration laws, or
entering or seeking to enter by means which include deception by another person,
and includes also a person who has entered as mentioned in paragraph (a) or (b) above;
“entry clearance” means a visa, entry certificate or other document which, in accordance with the immigration rules, is to be taken as evidence or the requisite evidence of a person’s eligibility, though not a British citizen, for entry into the United Kingdom (but does not include a work permit);
“immigration laws” means this Act and any law for purposes similar to this Act 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;
“immigration rules” means the rules for the time being laid down as mentioned in section 3(2) above;
“the Islands” means the Channel Islands and the Isle of Man, and “the United Kingdom and Islands” means the United Kingdom and the Islands taken together;
“legally adopted” means adopted in pursuance of an order made by any court in the United Kingdom and the Islands, under a Convention adoption or by any adoption specified as an overseas adoption by order of the Governor under section 58(2) of the Adoption Act 1984 (an Act of Tynwald);
“limited leave” and “indefinite leave” mean respectively leave under this Act to enter or remain in the United Kingdom which is, and one which is not, limited as to duration;
“prison officer” means an officer of an institution (within the meaning of the Custody Act 1995 (an Act of Tynwald);
“settled” shall be construed in accordance with subsection (2A) below;
“ship” includes every description of vessel used in navigation;
“United Kingdom passport” means a current passport issued by the Government of the United Kingdom, or by the Lieutenant-Governor of any of the Islands or by the Government of any territory which is for the time being a British overseas territory within the meaning of the British Nationality Act 1981;
“work permit” means a permit indicating, in accordance with the immigration rules, that a person named in it is eligible, though not a British citizen, for entry into the United Kingdom for the purpose of taking employment.
(1A) A reference to being an owner of a vehicle, ship or aircraft includes a reference to being any of a number of persons who jointly own it.
(2) It is hereby declared that, except as otherwise provided in this Act, a person is not to be treated for the purposes of any provision of this Act as ordinarily resident in the United Kingdom or in any of the Islands at a time when he is there in breach of the immigration laws.
(2A) Subject to section 8(5) above, references to a person being settled in the Isle of Man are references to his being ordinarily resident there without being subject under the immigration laws to any restriction on the period for which he may remain.
(3) The ports of entry for purposes of this Act, and the ports of exit for purposes of any Order in Council under section 3(7) above, shall be such ports as may from time to time be designated for the purpose by order of the Governor.
(4) For the purposes of this Act, the question of whether an appeal is pending shall be determined in accordance with section 104 of the Nationality, Immigration and Asylum Act 2002 (pending appeals).
(5) This Act shall not be taken to supersede or impair any power exercisable by Her Majesty in relation to aliens by virtue of Her prerogative.
(1) This Act may be cited as the Immigration Act 1971.
1.—(1) Immigration officers for the purposes of this Act shall be appointed by the Governor.
(2) Medical inspectors for the purposes of this Act may be appointed by the Department of Health and Social Security in pursuance of arrangements made between that Department and the Governor, and shall be fully qualified medical practitioners.
(3) In the exercise of their functions under this Act, immigration officers shall act in accordance with such directions as may be given them—
(a) by the Governor, as respects the entry of persons into the Isle of Man and the period for which such persons may remain;
(b) by the Council of Ministers, as respects any other matters,
and medical officers shall act in accordance with such instructions as may be given them by the Department of Health and Social Security.
(4) An immigration officer or medical inspector may board any ship or aircraft for the purpose of exercising his functions under this Act.
(5) An immigration officer, for the purpose of satisfying himself whether there are persons he may wish to examine under paragraph 2 below, may search any ship or aircraft and anything on board it, or any vehicle taken off a ship or aircraft in which it has been brought to the Isle of Man.
2.—(1) An immigration officer may examine any persons who have arrived in the Isle of Man by ship or aircraft (including transit passengers, members of the crew and others not seeking to enter the Isle of Man) for the purpose of determining—
(a) whether any of them is or is not a British citizen; and
(b) whether, if he is not, he may or may not enter the Isle of Man without leave; and
(c) whether, if he may not—
(i) he has been given leave which is still in force,
(ii) he should be given leave and for what period or on what conditions (if any), or
(iii) he should be refused leave.
(2) Any such person, if he is seeking to enter the Isle of Man, may be examined also by a medical inspector or by any qualified person carrying out a test or examination required by a medical inspector.
(3) A person, on being examined under this paragraph by an immigration officer or medical inspector, may be required in writing by him to submit to further examination; but a requirement under this sub-paragraph shall not prevent a person who arrives as a transit passenger, or as a member of the crew of a ship or aircraft, or for the purpose of joining a ship or aircraft as a member of the crew, from leaving by his intended ship or aircraft.
2A.—(1) This paragraph applies to a person who has arrived in the Isle of Man with leave to enter which is in force but which was given to him before his arrival.
(2) He may be examined by an immigration officer for the purpose of establishing—
(a) whether there has been such a change in the circumstances of his case, since that leave was given, that it should be cancelled;
(b) whether that leave was obtained as a result of false information given by him or his failure to disclose material facts; or
(c) whether there are medical grounds on which that leave should be cancelled.
(2A) Where the person’s leave to enter derives, by virtue of section 3A(3), from an entry clearance, he may also be examined by an immigration officer for the purpose of establishing whether the leave should be cancelled on the grounds that the person’s purpose in arriving in the Isle of Man is different from the purpose specified in the entry clearance.
(3) He may also be examined by an immigration officer for the purpose of determining whether it would be conducive to the public good for that leave to be cancelled.
(4) He may also be examined by a medical inspector or by any qualified person carrying out a test or examination required by a medical inspector.
(5) A person examined under this paragraph may be required by the officer or inspector to submit to further examination.
(6) A requirement under sub-paragraph (5) does not prevent a person who arrives—
(a) as a transit passenger,
(b) as a member of the crew of a ship or aircraft, or
(c) for the purpose of joining a ship or aircraft as a member of the crew,
from leaving by his intended ship or aircraft.
(7) An immigration officer examining a person under this paragraph may by notice suspend his leave to enter until the examination is completed.
(8) An immigration officer may, on the completion of any examination of a person under this paragraph, cancel his leave to enter.
(9) Cancellation of a person’s leave under sub-paragraph (8) is to be treated for the purposes of this Act and Part 5 of the Nationality, Immigration and Asylum Act 2002 (immigration appeals) as if he had been refused leave to enter at a time when he had a current entry clearance.
(10) A requirement imposed under sub-paragraph (5) and a notice given under sub-paragraph (7) must be in writing.
3.—(1) An immigration officer may examine any person who is embarking or seeking to embark in the Isle of Man for the purpose of determining whether he is a British citizen and, if he is not a British citizen, for the purpose of establishing—
(a) his identity;
(b) whether he entered the Isle of Man lawfully;
(c) whether he has complied with any conditions of leave to enter or remain in the Isle of Man;
(d) whether his return to the Isle of Man is prohibited or restricted.
(1A) An immigration officer who examines a person under sub-paragraph (1) may require him, by notice in writing, to submit to further examination for a purpose specified in that sub-paragraph.
(2) So long as any Order in Council is in force under section 3(7) of this Act, an immigration officer may examine any person who is embarking or seeking to embark in the Isle of Man for the purpose of determining—
(a) whether any of the provisions of the Order apply to him; and
(b) whether, if so, any power conferred by the Order should be exercised in relation to him and in what way.
4.—(1) It shall be the duty of any person examined under paragraph 2, 2A or 3 above to furnish to the person carrying out the examination all such information in his possession as that person may require for the purpose of his functions under that paragraph.
(2) A person on his examination under paragraph 2, 2A or 3 above by an immigration officer shall, if so required by the immigration officer—
(a) produce either a valid passport with photograph or some other document satisfactorily establishing his identity and nationality or citizenship; and
(b) declare whether or not he is carrying or conveying, or has carried or conveyed, documents of any relevant description specified by the immigration officer, and produce any documents of that description which he is carrying or conveying.
In paragraph (b), “relevant description” means any description appearing to the immigration officer to be relevant for the purposes of the examination.
(3) Where under sub-paragraph (2)(b) above a person has been required to declare whether or not he is carrying or conveying, or has carried or conveyed, documents of any description—
(a) he and any baggage or vehicle belonging to him or under his control; and
(b) any ship, aircraft or vehicle in which he arrived in the Isle of Man,
may be searched with a view to ascertaining whether he is doing or, as the case may be, has done so by the immigration officer or a person acting under the directions of that officer:
Provided that no woman or girl shall be searched except by a woman.
(4) Where a passport or other document is produced or found in accordance with this paragraph an immigration officer may examine it and detain it—
(a) for the purpose of examining it, for a period not exceeding 7 days;
(b) for any purpose, until the person to whom the document relates is given leave to enter the Isle of Man or is about to depart or be removed following refusal of leave or until it is decided that the person does not require leave to enter;
(c) after a time described in paragraph (b), while the immigration officer thinks that the document may be required in connection with proceedings in respect of an appeal under the Immigration Acts or in respect of an offence.
(5) For the purpose of ascertaining that a passport or other document produced or found in accordance with this paragraph relates to a person examined under paragraph 2, 2A or 3 above, the person carrying out the examination may require the person being examined to provide information (whether or not by submitting to a process by means of which information is obtained or recorded) about his external physical characteristics (which may include, in particular, fingerprints or features of the iris or any other part of the eye).
5.—(1) The Governor may by order make provision for requiring passengers disembarking or embarking in the Isle of Man, or any class of such passengers, to produce to an immigration officer, if so required, landing or embarkation cards in such form as the Governor may direct, and for requiring the owners or agents of ships and aircraft to supply such cards to those passengers.
6.—(1) Subject to sub-paragraph (3) below, where a person examined by an immigration officer under paragraph 2 above is to be given a limited leave to enter the Isle of Man or is to be refused leave, the notice giving or refusing leave shall be given not later than twenty-four hours after the conclusion of his examination (including any further examination) in pursuance of that paragraph; and if notice giving or refusing leave is not given him before the end of those twenty-four hours, he shall (if not a British citizen) be deemed to have been given leave to enter the Isle of Man for a period of six months subject to a condition prohibiting his taking employment and the immigration officer shall as soon as may be give him written notice of that leave.
(2) Where on a person’s examination under paragraph 2 above he is given notice of leave to enter the Isle of Man, then at any time before the end of twenty-four hours from the conclusion of the examination he may be given a further notice in writing by an immigration officer cancelling the earlier notice and refusing him leave to enter.
(3) Where in accordance with this paragraph a person is given notice refusing him leave to enter the Isle of Man, that notice may at any time be cancelled by notice in writing given him by an immigration officer; and where a person is given a notice of cancellation under this sub-paragraph, and the immigration officer does not at the same time give him indefinite or limited leave to enter or require him to submit to further examination, he shall be deemed to have been given leave to enter for a period of six months subject to a condition prohibiting his taking employment and the immigration officer shall as soon as may be give him written notice of that leave.
(4) Where an entrant is a member of a party in charge of a person appearing to the immigration officer to be a responsible person, any notice to be given in relation to that entrant in accordance with this paragraph shall be duly given if delivered to the person in charge of the party.
7.—(1) This paragraph applies if an immigration officer examining a person under paragraph 2 decides—
(a) that he may be given leave to enter the Isle of Man; but
(b) that a further medical test or examination may be required in the interests of public health.
(2) This paragraph also applies if an immigration officer examining a person under paragraph 2A decides—
(a) that his leave to enter the Isle of Man should not be cancelled; but
(b) that a further medical test or examination may be required in the interests of public health.
(3) The immigration officer may give the person concerned notice in writing requiring him—
(a) to report his arrival to such medical officer as may be specified in the notice; and
(b) to attend at such place and time and submit to such test or examination (if any), as that medical officer may require.
(4) In reaching a decision under paragraph (b) of sub-paragraph (1) or (2), the immigration officer must act on the advice of—
(a) a medical inspector; or
(b) if no medical inspector is available, a fully qualified medical practitioner.
(5) In this paragraph “medical officer” means—
(a) the director of public health or a deputy director of public health, or
(b) such other person, being a fully registered person within the meaning of the Medical Act 1985 (an Act of Tynwald), as is appointed for the purposes of this paragraph by the Department of Health and Social Security.
The Immigration (Isle of Man) Order 2008