Office of Public Sector Information
SCHEDULE 10 continued PART 1 continued
8.—(1) Where a person arriving in the Isle of Man is refused leave to enter, an immigration officer may, subject to sub-paragraph (2) below—
(a) give the captain of the ship or aircraft in which he arrives directions requiring the captain to remove him from the Isle of Man in that ship or aircraft; or
(b) give the owners or agents of that ship or aircraft directions requiring them to remove him from the Isle of Man in any ship or aircraft specified or indicated in the directions, being a ship or aircraft of which they are the owners or agents; or
(c) give those owners or agents directions requiring them to make arrangements for his removal from the Isle of Man in any ship or aircraft specified or indicated in the direction to a country or territory so specified being either—
(i) a country of which he is a national or citizen; or
(ii) a country or territory in which he has obtained a passport or other document of identity; or
(iii) a country or territory in which he embarked for the Isle of Man; or
(iv) a country or territory to which there is reason to believe that he will be admitted.
(2) No directions shall be given under this paragraph in respect of anyone after the expiration of two months beginning with the date on which he was refused leave to enter the Isle of Man (ignoring any period during which an appeal by him under the Immigration Acts is pending) except that directions may be given under sub-paragraph (1)(b) or (c) after the end of that period if the immigration officer has within that period given written notice to the owners or agents in question of his intention to give directions to them in respect of that person.
9.—(1) Where an illegal entrant is not given leave to enter or remain in Isle of Man, an immigration officer may give any such directions in respect of him as in a case within paragraph 8 above are authorised by paragraph 8(1).
(2) Any leave to enter the Isle of Man which is obtained by deception shall be disregarded for the purposes of this paragraph.
10.—(1) Where it appears to the Governor either—
(a) that directions might be given in respect of a person under paragraph 8 or 9 above, but that it is not practicable for them to be given or that, if given, they would be ineffective; or
(b) that directions might have been given in respect of a person under paragraph 8 above but that the requirements of paragraph 8(2) have not been complied with;
then the Governor may give to the owners or agents of any ship or aircraft any such directions in respect of that person as are authorised by paragraph 8(1)(c).
(2) Where the Governor may give directions for a person’s removal in accordance with sub-paragraph (1) above, he may instead give directions for his removal in accordance with arrangements to be made by the Governor to any country or territory to which he could be removed under sub-paragraph (1).
(3) The costs of complying with any directions given under this paragraph shall be defrayed by the Governor.
10A. Where directions are given in respect of a person under any of paragraphs 8 to 10 above, directions to the same effect may be given under that paragraph in respect of a member of the person’s family.
11. A person in respect of whom directions are given under any of paragraphs 8 to 10 above may be placed, under the authority of an immigration officer, on board any ship or aircraft in which he is to be removed in accordance with the directions.
12.—(1) If, on a person’s examination by an immigration officer under paragraph 2 above, the immigration officer is satisfied that he has come to the Isle of Man for the purpose of joining a ship or aircraft as a member of the crew, then the immigration officer may limit the duration of any leave he gives that person to enter the Isle of Man by requiring him to leave the Isle of Man in a ship or aircraft specified or indicated by the notice giving leave.
(2) Where a person (not being a British citizen) arrives in the Isle of Man for the purpose of joining a ship or aircraft as a member of a crew and, having been given leave to enter as mentioned in sub-paragraph (1) above, remains beyond the time limited by that leave, or is reasonably suspected by an immigration officer of intending to do so, an immigration officer may—
(a) give the captain of that ship or aircraft directions requiring the captain to remove him from the Isle of Man in that ship or aircraft; or
(b) give the owners or agents of that ship or aircraft directions requiring them to remove him from the Isle of Man in any ship or aircraft specified or indicated in the directions, being a ship or aircraft of which they are the owners or agents; or
(c) give those owners or agents directions requiring them to make arrangements for his removal from the Isle of Man in any ship or aircraft specified or indicated in the directions to a country or territory so specified, being either—
(i) a country of which he is a national or citizen; or
(ii) a country or territory in which he has obtained a passport or other document of identity; or
(iii) a country or territory in which he embarked for the Isle of Man; or
(iv) a country or territory where he was engaged as a member of the crew of the ship or aircraft which he arrived in the Isle of Man to join; or
(v) a country or territory to which there is reason to believe that he will be admitted.
13.—(1) Where a person being a member of the crew of a ship or aircraft is examined by an immigration officer under paragraph 2 above, the immigration officer may limit the duration of any leave he gives that person to enter the Isle of Man—
(a) in the manner authorised by paragraph 12(1) above; or
(b) if that person is to be allowed to enter the Isle of Man in order to receive hospital treatment, by requiring him, on completion of that treatment, to leave the Isle of Man in accordance with arrangements to be made for his repatriation; or
(c) by requiring him to leave the Isle of Man within a specified period in accordance with arrangements to be made for his repatriation.
(2) Where a person (not being a British citizen) arrives in the Isle of Man as a member of the crew of a ship or aircraft, and either—
(A) having lawfully entered the Isle of Man without leave by virtue of section 8(1) of this Act, he remains without leave beyond the time allowed by section 8(1), or is reasonably suspected by an immigration officer of intending to do so; or
(B) having been given leave limited as mentioned in sub-paragraph (1) above, he remains beyond the time limited by that leave, or is reasonably suspected by an immigration officer of intending to do so;
an immigration officer may—
(a) give the captain of the ship or aircraft in which he arrived directions requiring the captain to remove him from the Isle of Man in that ship or aircraft; or
(b) give the owners or agents of that ship or aircraft directions requiring them to remove him from the Isle of Man, being a ship or aircraft specified or indicated in the directions, being a ship or aircraft of which they are the owners or agents; or
(c) give those owners or agents directions requiring them to make arrangements for his removal from the Isle of Man in any ship or aircraft specified or indicated in the directions to a country or territory so specified, being either—
(i) a country of which he is a national or citizen; or
(ii) a country or territory in which he has obtained a passport or other document of identity; or
(iii) a country in which he embarked for the Isle of Man; or
(iv) a country or territory in which he was engaged as a member of the crew of the ship or aircraft in which he arrived in the Isle of Man; or
(v) a country or territory to which there is reason to believe that he will be admitted.
14.—(1) Where it appears to the Governor that directions might be given in respect of a person under paragraph 12 or 13 above, but that it is not practicable for them to be given or that, if given, they would be ineffective, then the Governor may give to the owners or agents of any ship or aircraft any such directions in respect of that person as are authorised by paragraph 12(2)(c) or 13(2)(c).
(2) Where the Governor may give directions for a person’s removal in accordance with sub-paragraph (1) above, he may instead give directions for his removal in accordance with arrangements to be made by the Governor to any country or territory to which he could be removed under sub-paragraph (1).
(3) The costs of complying with any directions given under this paragraph shall be defrayed by the Governor.
15. A person in respect of whom directions are given under any of paragraphs 12 to 14 above may be placed, under the authority of an immigration officer, on board any ship or aircraft in which he is to be removed in accordance with the directions.
16.—(1) A person who may be required to submit to examination under paragraph 2 above may be detained under the authority of an immigration officer pending his examination and pending a decision to give or refuse him leave to enter.
(1A) A person whose leave to enter has been suspended under paragraph 2A may be detained under the authority of an immigration officer pending—
(a) completion of his examination under that paragraph; and
(b) a decision on whether to cancel his leave to enter.
(1B) A person who has been required to submit to further examination under paragraph 3(1A) may be detained under the authority of an immigration officer, for a period not exceeding 12 hours, pending the completion of the examination.
(2) If there are reasonable grounds for suspecting that a person is someone in respect of whom directions may be given under any of paragraphs 8 to 10A or 12 to 14, that person may be detained under the authority of an immigration officer pending—
(a) a decision whether or not to give such directions;
(b) his removal in pursuance of such directions.
(3) A person on board a ship or aircraft may, under the authority of an immigration officer, be removed from the ship or aircraft for detention under this paragraph; but if an immigration officer so requires the captain of a ship or aircraft shall prevent from disembarking in the Isle of Man any person who has arrived in the United Kingdom in the ship or aircraft and been refused leave to enter, and the captain may for that purpose detain him in custody on board the ship or aircraft.
(4) The captain of a ship or aircraft, if so required by an immigration officer, shall prevent from disembarking in the Isle of Man or before the directions for his removal have been fulfilled any person placed on board the ship or aircraft under paragraph 11 or 15 above, and the captain may for that purpose detain him in custody on board the ship or aircraft.
17.—(1) A person liable to be detained under paragraph 16 above may be arrested without warrant by a constable or by an immigration officer.
(2) If—
(a) a justice of the peace is by written information on oath satisfied that there is reasonable ground for suspecting that a person liable to be arrested under this paragraph is to be found on any premises,
he may grant a warrant authorising any immigration officer or constable to enter, if need be by reasonable force, the premises named in the warrant for the purposes of searching for and arresting that person.
18.—(1) Persons may be detained under paragraph 16 above in such places as the Governor may direct (when not detained in accordance with paragraph 16 on board a ship or aircraft).
(2) Where a person is detained under paragraph 16, any immigration officer, constable or prison officer, or any other person authorised by the Governor, may take all such steps as may be reasonably necessary for photographing, measuring or otherwise identifying him.
(2A) The power conferred by sub-paragraph (2) includes power to take fingerprints.
(3) Any person detained under paragraph 16 may be taken in the custody of a constable, or of any person acting under the authority of an immigration officer, to and from any place where his attendance is required for the purpose of ascertaining his citizenship or nationality or of making arrangements for his admission to a country or territory other than the Isle of Man, or where he is required to be for any other purpose connected with the operation of this Act.
(4) A person shall be deemed to be in legal custody at any time when he is detained under paragraph 16 or is being removed in pursuance of sub-paragraph (3) above.
19.—(1) Where a person is refused leave to enter the Isle of Man and directions are given in respect of him under paragraph 8 or 10 above, then subject to the provisions of this paragraph the owners or agents of the ship or aircraft in which he arrived shall be liable to pay the Governor on demand any expenses incurred by the latter in respect of the custody, accommodation or maintenance of that person for any period (not exceeding 14 days) after his arrival while he was detained or liable to be detained under paragraph 16 above.
(2) Sub-paragraph (1) above shall not apply to expenses in respect of a person who, when he arrived in the Isle of Man, held a certificate of entitlement or a current entry clearance or was the person named in a current work permit; and for this purpose a document purporting to be a certificate of entitlement, entry clearance or work permit is to be regarded as being one unless its falsity is reasonably apparent.
(3) If, before the directions for a person’s removal under paragraph 8 or 10 above have been carried out, he is given leave to enter the Isle of Man, or if he is afterwards given that leave in consequence of the determination in his favour of an appeal under this Act (being an appeal against a refusal of leave to enter by virtue of which the directions were given), or it is determined on an appeal under this Act that he does not require leave to enter (being an appeal occasioned by such a refusal), no sum shall be demanded under sub-paragraph (1) above for expenses incurred in respect of that person and any sum already demanded and paid shall be refunded.
(4) The expenses to which subparagraph (1) above applies include expenses in conveying the person in question to and from the place where he is detained or accommodated.
20.—(1) Subject to the provisions of this paragraph, in either of the following cases, that is to say—
(a) where directions are given in respect of an illegal entrant under paragraph 9 or 10 above; and
(b) where a person has lawfully entered the Isle of Man without leave by virtue of section 8(1) of this Act, but directions are given in respect of him under paragraph 13(2)(A) above or, in a case within paragraph 13(2)(A), under paragraph 14;
the owners or agents of the ship or aircraft in which he arrived in the Isle of Man shall be liable to pay the Governor on demand any expenses incurred by the latter in respect of the custody, accommodation or maintenance of that person for any period (not exceeding 14 days) after his arrival while he was detained or liable to be detained under paragraph 16 above.
(1A) Sub-paragraph (1) above shall not apply to expenses in respect of an illegal entrant if he obtained leave to enter by deception and the leave has not been cancelled under paragraph 6(2) above.
(2) If, before the directions for a person’s removal from the Isle of Man have been carried out, he is given leave to remain in the Isle of Man, no sum shall be demanded under sub-paragraph (1) above for expenses incurred in respect of that person and any sum already demanded and paid shall be refunded.
(3) The expenses to which subparagraph (1) above applies include expenses in conveying the person in question to and from the place where he is detained or accommodated.
21.—(1) A person liable to detention or detained under paragraph 16(1), (1A) or (2) above may, under the written authority of an immigration officer, be temporarily admitted to the Isle of Man without being detained or be released from detention; but this shall not prejudice a later exercise of the power to detain him.
(2) So long as a person is at large in the Isle of Man by virtue of this paragraph, he shall be subject to such restrictions as to residence, as to his employment or occupation and as to reporting to the police or an immigration officer as may from time to time be notified to him in writing by an immigration officer.
(2A) The provisions that may be included in restrictions as to residence imposed under sub-paragraph (2) include provisions of such a description as may be prescribed by regulations made by the Governor.
(2B) The regulations may, among other things, provide for the inclusion of provisions—
(a) prohibiting residence in one or more particular areas;
(b) requiring the person concerned to reside in specified accommodation and prohibiting him from being absent from that accommodation except in accordance with the restrictions imposed on him.
(2C) The regulations may provide that a particular description of provision may be imposed only for prescribed purposes.
(3) Sub-paragraph (4) below applies where a person who is at large in the Isle of Man by virtue of this paragraph is subject to a restriction as to reporting to an immigration officer with a view to the conclusion of his examination under paragraph 2 or 2A above.
(4) If the person fails at any time to comply with that restriction—
(a) an immigration officer may direct that the person’s examination shall be treated as concluded at that time; but
(b) nothing in paragraph 6 above shall require the notice giving or refusing him leave to enter the Isle of Man to be given within twenty-four hours after that time.
22.—(1) The following, namely—
(a) a person detained under paragraph 16(1) above pending examination;
(aa) a person detained under paragraph 16(1A) above pending completion of his examination or a decision on whether to cancel his leave to enter; and
(b) a person detained under paragraph 16(2) above pending the giving of directions,
may be released on bail in accordance with this paragraph.
(1A) An immigration officer not below the rank of chief immigration officer or an adjudicator may release a person so detained on his entering into a recognizance conditioned for his appearance before an immigration officer at a time and place named in the recognizance or at such other time and place as may in the meantime be notified to him in writing by an immigration officer.
(1B) Sub-paragraph (1)(a) above shall not apply unless seven days have elapsed since the date of the person’s arrival in the Isle of Man.
(2) The conditions of a recognizance taken under this paragraph may include conditions appearing to the immigration officer or adjudicator to be likely to result in the appearance of the person bailed at the required time and place; and any recognizance shall be with or without sureties as the officer or adjudicator may determine.
(3) In any case in which an immigration officer or adjudicator has power under this paragraph to release a person on bail, the officer or adjudicator may, instead of taking the bail, fix the amount and conditions of the bail (including the amount in which any sureties are to be bound) with a view to its being taken subsequently by any such person as may be specified by the officer or adjudicator; and on the recognizance being so taken the person to be bailed shall be released.
23.—(1) Where a recognizance entered into under paragraph 22 above appears to an adjudicator to be forfeited, the adjudicator may by order declare it to be forfeited and adjudge the persons bound thereby, whether as principal or sureties, or any of them, to pay the sum in which they are respectively bound or such part of it, if any, as the adjudicator thinks fit; and an order under this sub-paragraph shall specify a court of summary jurisdiction, and—
(a) the recognizance shall be treated for the purposes of collection, enforcement and remission of the sum forfeited as having been forfeited by the court so specified; and
(b) the adjudicator shall, as soon as practicable, give particulars of the recognizance to the Chief Registrar.
(3) Any sum the payment of which is enforceable by virtue of this paragraph by a court of summary jurisdiction shall, for the purposes of section 89 of the Summary Jurisdiction Act 1989 (an Act of Tynwald), be treated as being due under a recognizance forfeited by such a court.
24.—(1) An immigration officer or constable may arrest without warrant a person who has been released by virtue of paragraph 22 above—
(a) if he has reasonable grounds for believing that that person is likely to break the condition of his recognizance that he will appear at the time and place required or to break any other condition of it, or has reasonable grounds to suspect that that person is breaking or has broken any such other condition; or
(b) if, a recognizance with sureties having been taken, he is notified in writing by any sureties of the surety’s belief that that person is likely to break the first-mentioned condition, and of the surety’s wish for that reason to be relieved of his obligation as a surety;
and paragraph 17(2) above shall apply for the arrest of a person under this paragraph as it applies for the arrest of a person under paragraph 17.
(2) A person arrested under this paragraph—
(a) if not required by a condition on which he was released to appear before an immigration officer within twenty-four hours after the time of his arrest, shall as soon as practicable be brought before an adjudicator or, if that is not practicable within those twenty-four hours, before a justice of the peace; and
(b) if required by such a condition to appear within those twenty-four hours before an immigration officer, shall be brought before that officer.
(3) An adjudicator or justice of the peace before whom a person is brought by virtue of sub-paragraph (2)(a) above—
(a) if of the opinion that that person has broken or is likely to break any condition on which he was released, may either—
(i) direct that he be detained under the authority of the person by whom he was arrested; or
(ii) release him, on his original recognizance or on a new recognizance, with or without sureties; and
(b) if not of that opinion, shall release him on his original recognizance.
25. The power to make rules of procedure conferred by section 106 of the Nationality, Immigration and Asylum Act 2002 (appeals) shall include power to make rules with respect to applications to an adjudicator under paragraphs 22 to 24 above and matters arising out of such applications.
25A.—(1) This paragraph applies if—
(a) a person is arrested under this Schedule; or
(b) a person who was arrested by a constable (other than under this Schedule) is detained by an immigration officer under this Schedule.
(2) An immigration officer may enter and search any premises—
(a) occupied or controlled by the arrested person, or
(b) in which that person was when he was arrested, or immediately before he was arrested,
for relevant documents.
(3) The power may be exercised—
(a) only if the officer has reasonable grounds for believing that there are relevant documents on the premises;
(b) only to the extent that it is reasonably required for the purpose of discovering relevant documents; and
(c) subject to sub-paragraph (4), only if a senior officer has authorised its exercise in writing.
(4) An immigration officer may conduct a search under sub-paragraph (2)—
(a) before taking the arrested person to a place where he is to be detained; and
(b) without obtaining an authorisation under sub-paragraph (3)(c),
if the presence of that person at a place other than one where he is to be detained is necessary to make an effective search for any relevant documents.
(5) An officer who has conducted a search under sub-paragraph (4) must inform a senior officer as soon as is practicable.
(6) The officer authorising a search, or who is informed of one under sub-paragraph (5), must make a record in writing of—
(a) the grounds for the search; and
(b) the nature of the documents that were sought.
(7) An officer searching premises under sub-paragraph (2)—
(a) may seize and retain any documents he finds which he has reasonable grounds for believing are relevant documents; but
(b) may not retain any such document for longer than is necessary in view of the purpose for which the person was arrested.
(8) But sub-paragraph (7)(a) does not apply to documents which the officer has reasonable grounds for believing are items subject to legal privilege.
(9) “Relevant documents” means any documents which might—
(a) establish the arrested person’s identity, nationality or citizenship; or
(b) indicate the place from which he has travelled to the Isle of Man or to which he is proposing to go.
(10) “Senior officer” means an immigration officer not below the rank of chief immigration officer.
25B.—(1) This paragraph applies if a person is arrested under this Schedule.
(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) any document which might—
(i) establish his identity, nationality or citizenship; or
(ii) indicate the place from which he has travelled to the Isle of Man or to which he is proposing to go.
(4) The power conferred by sub-paragraph (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 sub-paragraph; 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 paragraph 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 sub-paragraph (2) may seize and retain anything he finds, if he has reasonable grounds for believing that the person searched might use it to cause physical injury to himself or to another person.
(7) An officer searching a person under sub-paragraph (3)(a) may seize and retain anything he finds, if he has reasonable grounds for believing that he might use it to assist his escape from lawful custody.
(8) An officer searching a person under sub-paragraph (3)(b) may seize and retain anything he finds, other than an item subject to legal privilege, if he has reasonable grounds for believing that it might be a document falling within that sub-paragraph.
(9) Nothing seized under sub-paragraph (6) or (7) may be retained when the person from whom it was seized—
(a) is no longer in custody, or
(b) is in the custody of a court but has been released on bail.
25C.—(1) This paragraph applies if a person—
(a) has been arrested under this Schedule; and
(b) is in custody at a police station.
(2) An immigration officer may, at any time, search the arrested person in order to ascertain whether he has with him—
(a) anything 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) any document which might—
(i) establish his identity, nationality or citizenship; or
(ii) indicate the place from which he has travelled to the Isle of Man or to which he is proposing to go.
(3) The power may be exercised only to the extent that the officer considers it to be necessary for the purpose of discovering anything of a kind mentioned in sub-paragraph (2).
(4) An officer searching a person under this paragraph may seize and retain 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 sub-paragraph (2)(a); or
(b) it might be a document falling within sub-paragraph (2)(b).
(5) But the officer may not retain anything seized under sub-paragraph (2)(a)—
(a) for longer than is necessary in view of the purpose for which the search was carried out; or
(b) when the person from whom it was seized is no longer in custody or is in the custody of a court but has been released on bail.
(6) 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.
(7) An intimate search may not be conducted under this paragraph.
(8) The person carrying out a search under this paragraph must be of the same sex as the person searched.
(9) “Intimate search” has the same meaning as in section 28H(11).
25D.—(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 that person to have access to the material under the supervision of an immigration officer.
(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 under the supervision of an immigration officer for the purpose of photographing or copying it; or
(b) the material to be photographed or copied.
(5) A photograph or copy made under sub-paragraph (4)(b) must be supplied within a reasonable time.
(6) There is no duty under this paragraph 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 which has been seized and retained under this Schedule.
25E. Section 28L applies for the purposes of this Schedule as it applies for the purposes of Part 3.
26.—(1) The owners or agents of a ship or aircraft employed to carry passengers for reward shall not, without the approval of the Governor, arrange for the ship or aircraft to call at a port in the Isle of Man other than a port of entry for the purpose of disembarking passengers, if any of the passengers on board may not enter the Isle of Man without leave, or for the purpose of embarking passengers unless the owners or agents have reasonable cause to believe all of them to be British citizens.
(1A) Sub-paragraph (1) does not apply in such circumstances, if any, as Governor may by order prescribe.
(2) The Governor may from time to time give written notice to the owners or agents of any ships or aircraft designating control areas for the embarkation or disembarkation of passengers in any port in the Isle of Man and specifying the conditions and restrictions (if any) to be observed in any control area; and where by notice given to any owners or agents a control area is for the time being designated for the embarkation or disembarkation of passengers at any port, the owners or agents shall take all reasonable steps to secure that, in the case of their ships or aircraft, passengers do not embark or disembark, as the case may be, at the port outside the control area and that any conditions or restrictions notified to them are observed.
(3) The Governor may also from time to time give to any persons concerned with the management of a port in the Isle of Man written notice designating control areas in the port and specifying conditions or restrictions to be observed in any control area; and any such person shall take all reasonable steps to secure that any conditions or restrictions as notified to him are observed.
27.—(1) The captain of a ship or aircraft arriving in the Isle of Man—
(a) shall take such steps as may be necessary to secure that persons on board do not disembark there unless either they have been examined by an immigration officer, or they disembark in accordance with arrangements approved by an immigration officer, or they are members of the crew who may lawfully enter the Isle of Man without leave by virtue of section 8(1) of this Act; and
(b) where the examination of persons on board is to be carried out on the ship or aircraft, shall take such steps as may be necessary to secure that those to be examined are presented for the purpose in an orderly manner.
(2) The Governor may by order require, or enable an immigration officer to require, a responsible person in respect of a ship or aircraft to supply—
(a) a passenger list showing the names and nationality or citizenship of passengers arriving or leaving on board the ship or aircraft;
(b) particulars of members of the crew of the ship or aircraft.
(3) An order under sub-paragraph (2) may relate—
(a) to all ships or aircraft arriving or expected to arrive in the United Kingdom;
(b) to all ships or aircraft leaving or expected to leave the United Kingdom;
(c) to ships or aircraft arriving or expected to arrive in the United Kingdom from or by way of a specified country;
(d) to ships or aircraft leaving or expected to leave the United Kingdom to travel to or by way of a specified country;
(e) to specified ships or specified aircraft.
(4) For the purposes of sub-paragraph (2) the following are responsible persons in respect of a ship or aircraft—
(a) the owner or agent, and
(b) the captain.
(5) An order under sub-paragraph (2)—
(a) may specify the time at which or period during which information is to be provided,
(b) may specify the form and manner in which information is to be provided,
27B.—(1) This paragraph applies to ships or aircraft—
(a) which have arrived, or are expected to arrive, in the Isle of Man; or
(b) which have left, or are expected to leave, the Isle of Man.
(2) If an immigration officer asks the owner or agent (“the carrier”) of a ship or aircraft for passenger information, the carrier must provide that information to the officer.
(3) The officer may ask for passenger information relating to—
(a) a particular ship or particular aircraft of the carrier;
(b) particular ships or aircraft (however described) of the carrier; or
(c) all of the carrier’s ships or aircraft.
(4) The officer may ask for—
(a) all passenger information in relation to the ship or aircraft concerned; or
(b) particular passenger information in relation to that ship or aircraft.
(5) A request under sub-paragraph (2)—
(a) must be in writing;
(b) must state the date on which it ceases to have effect; and
(c) continues in force until that date, unless withdrawn earlier by written notice by an immigration officer.
(6) The date may not be later than six months after the request is made.
(7) The fact that a request under sub-paragraph (2) has ceased to have effect as a result of sub-paragraph (5) does not prevent the request from being renewed.
(8) The information must be provided—
(a) in such form and manner as the Governor may direct; and
(b) at such time as may be stated in the request.
(9) “Passenger information” means such information relating to the passengers carried, or expected to be carried, by the ship or aircraft as may be specified.
(10) “Specified” means specified in an order made by the Governor.
The Immigration (Isle of Man) Order 2008