The Immigration (Isle of Man) (Amendment) Order 2015

Insertion of Schedule 9A

7.  After Schedule 9 insert —

Article 22

“SCHEDULE 9A The Immigration Act 2014

1.— (1) Section 68 of the 2014 Act is modified as follows.

(2) In subsections (1) and (2) for “Secretary of State” substitute “appropriate authority”.

(3) In subsection (7) for “Secretary of State” substitute “appropriate authority”.

(4) In subsection (9) for “Secretary of State”, in both places where the phrase occurs, substitute “appropriate authority”.

(5) In subsection (12) —

(a) immediately before the definition of “costs” insert —

““the appropriate authority” means —

(a)

in relation to functions exercised in the Isle of Man, the Governor; and

(b)

in relation to functions exercised elsewhere, the Secretary of State;”;

(b) in the definition of “costs” for “Secretary of State” substitute “appropriate authority”;

(c) in the definition of “function in connection with immigration or nationality” for “United Kingdom” substitute “relevant jurisdiction”; and

(d) after that definition insert —

““the relevant jurisdiction” means —

(a)

in relation to functions performed by, or on behalf of, the Secretary of State, the United Kingdom and

(b)

in relation to functions performed by, or on behalf of, the Governor, the Isle of Man.”.

2.— (1) Section 69 of the 2014 Act is modified as follows.

(2) For subsection (1) substitute —

“(1) A fees order or fees regulations —

(a) if made by the Secretary of State may be made only with the consent of the Lords Commissioners of Her Majesty’s Treasury; and

(b) if made by the Governor may be made only with the consent of the Treasury(1).”.

(3) In subsection (2) for “the United Kingdom” substitute “the relevant jurisdiction”.

(4) In subsection (3) for “the Secretary of State” substitute “the appropriate authority”.

(5) After subsection (4) insert —

“(4A) Fees paid to the Governor by virtue of section 68 must be paid into the General Revenue of the Isle of Man unless they relate to a function which is performed by or on behalf of the Secretary of State, in which case the fees are to be remitted to the Secretary of State and paid into the Consolidated Fund.”.

(6) In subsection (5) —

(a) at the end of paragraph (b) omit “or”; and

(b) after that paragraph insert —

“(ba) section 1 of the Fees and Duties Act 1989 (of Tynwald)(2); or”.”

(1)

See article 5(c) of the principal Order for the meaning of “the Treasury” in the legislation applied by it to the Isle of Man.

(2)

1989 AT 12 (Isle of Man).