Citation and commencement

1.—(1) This Order may be cited as the Immigration (Isle of Man) (Amendment) Order 2015.

(2) This Order shall come into force —

(a)on the day after making for the purposes of enabling regulations and orders to be made under any enactment which extends to the Isle of Man by virtue of the amendments made to the principal Order by this Order; and

(b)on 6th April 2016 for all other purposes.

Interpretation

2.  In this Order —

“the 2006 Act” means the Immigration, Asylum and Nationality Act 2006;

“the 2014 Act” means the Immigration Act 2014; and

“the principal Order” means the Immigration (Isle of Man) Order 2008(3).

Amendment of the principal Order

3.  The principal Order is amended in accordance with articles 4 to 8.

Amendment of article 2

4.  In article 2 at the end add —

““the 2014 Act” means the Immigration Act 2014.”.

Insertion of articles 22 and 23

5.  After article 21 insert —

“Extension of the Immigration Act 2014 to the Isle of Man

22.—(1) The following provisions of the 2014 Act shall extend to the Isle of Man subject to the modifications specified in Schedule 9A.

(2) The provisions are sections 68, 69 and 70.

23.  For ease of reference, the provisions of the 2014 Act as modified and extended to the Isle of Man are set out in Part 8 of Schedule 10.”.

Amendment of Schedule 9

6.  In Schedule 9 (which sets out modifications subject to which the 2006 Act applies to the Isle of Man), omit paragraphs 6 and 7.

Insertion of Schedule 9A

7.  After Schedule 9 insert —

Article 22

“SCHEDULE 9AThe 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 —

(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 —

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(4).”.

(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)(5); or”.”

Amendment to Schedule 10

8.—(1) Schedule 10 (which sets out the text of the Immigration Acts as applied to the Isle of Man) is amended as follows.

(2) In Part 7 (which sets out the text of the 2006 Act as modified in accordance with Schedule 9) omit the text relating to sections 51 and 52.

(3) At the end of the Schedule add —

Article 23

“PART 8The Immigration Act 2014

Fees

68.—(1) The appropriate authority may provide, in accordance with this section, for fees to be charged in respect of the exercise of functions in connection with immigration or nationality.

(2) The functions in respect of which fees are to be charged are to be specified by the appropriate authority by order (“a fees order”).

(3) A fees order—

(a)must specify how the fee in respect of the exercise of each specified function is to be calculated, and

(b)may not provide for a fee to be charged in respect of the exercise of a function otherwise than in connection with an application or claim, or on request.

(4) For any specified fee, a fees order must provide for it to comprise one or more amounts each of which is—

(a)a fixed amount, or

(b)an amount calculated by reference to an hourly rate or other factor.

(5) Where a fees order provides for a fee (or part of a fee) to be a fixed amount, it—

(a)must specify a maximum amount for the fee (or part), and

(b)may specify a minimum amount.

(6) Where a fees order provides for a fee (or part of a fee) to be calculated as mentioned in subsection (4)(b), it—

(a)must specify—

(i)how the fee (or part) is to be calculated, and

(ii)a maximum rate or other factor, and

(b)may specify a minimum rate or other factor.

(7) For any specified fee, the following are to be set by the appropriate authority by regulations (“fees regulations”)—

(a)if the fee (or any part of it) is to be a fixed amount, that amount;

(b)if the fee (or any part of it) is to be calculated as mentioned in subsection (4)(b), the hourly rate or other factor by reference to which it (or that part) is to be calculated.

(8) An amount, or rate or other factor, set by fees regulations for a fee in respect of the exercise of a specified function—

(a)must not—

(i)exceed the maximum specified for that amount, or rate or other factor;

(ii)be less than the minimum, if any, so specified;

(b)subject to that, may be intended to exceed, or result in a fee which exceeds, the costs of exercising the function.

(9) In setting the amount of any fee, or rate or other factor, in fees regulations, the appropriate authority may have regard only to—

(a)the costs of exercising the function;

(b)benefits that the appropriate authority thinks are likely to accrue to any person in connection with the exercise of the function;

(c)the costs of exercising any other function in connection with immigration or nationality;

(d)the promotion of economic growth;

(e)fees charged by or on behalf of governments of other countries in respect of comparable functions;

(f)any international agreement.

This is subject to section 69(5).

(10) In respect of any fee provided for under this section, fees regulations may—

(a)provide for exceptions;

(b)provide for the reduction, waiver or refund of part or all of a fee (whether by conferring a discretion or otherwise);

(c)make provision about—

(i)the consequences of failure to pay a fee;

(ii)enforcement;

(iii)when a fee may or must be paid.

(11) Any provision that may be made by fees regulations by virtue of subsection (10) may be included instead in a fees order (and any provision so included may be amended or revoked by fees regulations).

(12) In this section and section 69 and 70—

“the appropriate authority” means —

“costs” includes—

“fees order” has the meaning given by subsection (2);

“fees regulations” has the meaning given by subsection (7);

“function” includes a power or a duty;

“function in connection with immigration or nationality” includes a function in connection with an enactment (including an enactment of a jurisdiction outside the relevant jurisdiction) that relates wholly or partly to immigration or nationality;

“the relevant jurisdiction” means —

“specified” means specified in a fees order.

(13) Any reference in this section or section 70 to the exercise of a function includes a reference to its exercise in particular circumstances, including its exercise—

(a)at particular times or in a particular place;

(b)under particular arrangements;

(c)otherwise in particular ways,

and, for this purpose, “arrangements” includes arrangements for the convenience of applicants, claimants or persons making requests for the exercise of a function.

Fees orders and fees regulations: supplemental

69.—(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.

(2) A fee under section 68 may relate to something done outside the relevant jurisdiction.

(3) Fees payable by virtue of section 68 may be recovered as a debt due to the appropriate authority.

(4) Fees paid to the Secretary of State by virtue of section 68 must—

(a)be paid into the Consolidated Fund, or

(b)be applied in such other way as the relevant order may specify.

(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.

(5) Section 68 is without prejudice to—

(a)section 1 of the Consular Fees Act 1980 (fees for consular acts etc);

(b)section 102 of the Finance (No. 2) Act 1987 (government fees and charges),

(ba)section 1 of the Fees and Duties Act 1989 (of Tynwald); or

(c)any other power to charge a fee.

Power to charge fees for attendance services in particular cases

70.—(1) This section applies where a person exercises a function in connection with immigration or nationality in respect of which a fee is chargeable by virtue of a fees order (a “chargeable function”) in a particular case and—

(a)in doing so attends at a place outside the United Kingdom, and time, agreed with a person (“the client”), and

(b)does so at the request of the client.

It is immaterial whether or not the client is a person in respect of whom the chargeable function is exercised.

(2) In this section “attendance service” means the service described in subsection (1) except so far as it consists of the exercise of a chargeable function.

(3) The following are to be disregarded in determining whether a fee is chargeable in respect of a function by virtue of a fees order—

(a)any exception provided for by a fees order or fees regulations;

(b)any power so provided to waive or refund a fee.

(4) The person exercising the chargeable function may charge the client such fee for the purposes of recovering the costs of providing the attendance service as the person may determine.

(5) Fees paid to the Secretary of State by virtue of this section must be paid into the Consolidated Fund.

(6) A fee payable by virtue of this section may be recovered as a debt due to the Secretary of State.

(7) This section is without prejudice to—

(a)section 68;

(b)section 1 of the Consular Fees Act 1980 (fees for consular acts etc);

(c)section 102 of the Finance (No. 2) Act 1987 (government fees and charges), or

(d)any other power to charge a fee.”.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Immigration (Isle of Man) Order 2008 (S.I. 2008/680) so as to apply the provisions on the charging of fees for immigration and nationality services under the Immigration Act 2014 (c. 22) in place of those applying under the Immigration, Asylum and Nationality Act 2006 (c. 13). In replacing the fees provisions the opportunity has also been taken to limit the power of the Lieutenant Governor of the Isle of Man (“the Governor”) to prescribe fees under the Immigration Acts to functions exercised within the Isle of Man, and to restore the power of the Secretary of State to prescribe those fees where the functions are exercised outside the Isle of Man by the Secretary of State on behalf of the Governor.