Emergency Powers Regulations created on the 22nd of May 2020.

Three Regulations this time, two making significant changes to two foundational Regulations under the EPR regime: control of entry and closure of businesses.

The Entry Restrictions (no.2) Amendment make extensive amendments to the recently revamped border control regime, including what the Guidance notes describe as a “clarification” that in this Regulation United Kingdom “is to be construed as a reference to the United Kingdom, the Republic of Ireland and the Channel Islands” (new reg.6(12)). This is odd – and given the history of the UK and the Republic of Ireland unfortunate – and given this appears to be the same as the Common Travel Area, changing the scope from UK to CTA may have been preferable.

More substantively, the amendment expands the definition of key workers who are permitted to travel, allowing the DI to certify a member of the merchant navy (amended reg.6(1)(a)(i)) or Manx resident working in the commercial sector of the maritime industry (new reg.6(3A)), expanding the police or fire officer definition to encompass members of the Armed forces (resident on the Island or on active service), members of the Manx judiciary (resident or entering the Island for a judicial purpose), and temporary advocates entering to participate in proceedings before a court,  (amended reg.6(1)(a)(iii) and new reg.6(1A)). The position of a Manx resident who re-enters the Island to provide vital, including medical, infrastructure is addressed (new reg.6(3)(za), 6(4)(za)); as is that of Air Accidents Investigators, who are now brought within the definition of emergency services (new reg.8(c)).

There is a new ground allowing the Chief Secretary to exempt a person from the prohibition on entry, that of contractual obligation (new reg.10A). This applies to a person who the Chief Secretary is satisfied intends to make the Island their main place of residence, and has entered into a legally binding contract in relation to a permanent office or employed position, or the purchase or lease of premises (new reg.10(2)). This is a power, not a duty, so the Chief Secretary could decide not to issue an exemption to – for instance – a person who, purely in order to qualify, created a shell company which then offered them an employed position.

The amendment also amends exemptions for residents of the Island, altering the definition of resident by extending the length of time which can be taken into account of – for instance by allowing residence in an owned Manx dwelling 12 months ago to bring a person within the definition, rather than the former 6 months (amending reg.7(9)), and allowing a tenancy of any term to be taken into account (amending reg.7(9)(b)). The Chief Secretary is now given the power to determine that a person is resident who does not fit even these expanded time frames is, nonetheless, to be treated as a Manx resident (new reg.7(9A)).

The scope of compassionate grounds for entry, by which primarily is meant attending a funeral, under reg.10, is extended, by removing the former requirement that the person applying for entry be a Manx resident (former reg.10(2)). The former Regulations limited compassionate ground travel to leaving the Island to travel to the UK or Ireland, and then returning. The new Regulations have no geographical limit – so individuals from anywhere in the world may be granted permission to the Isle of Man to attend a funeral; and Manx residents may be granted permission to travel anywhere in the world to attend a funeral, and then return.

There is also a related amendment to the Prohibitions on Movement Regulations, which is unclear.  The Entry Restrictions Regulations definition of compassionate grounds refer to “the funeral of a member of the person’s immediate family (within the meaning of the Emergency Powers (Prohibition on Movement) Regulations 2020” (reg.3(1), unchanged). This Amending Regulation amends the attendance of a funeral ground under the Prohibition of Movement Regulations to delete reference to “the funeral of a person who was a member of his or her immediate family”, replacing it simply with “a funeral”. This clearly means Manx residents can attend funerals of anyone in the Isle of Man; but does it mean that compassionate ground exemptions can be granted for funerals of anyone? The text of the Entry Regulation still refers to “a member of a person’s immediate family”, while the Movement Regulations which that definition refers to no longer use the term in relation to funerals. “Immediate family” is used elsewhere in those Regulations however (reg.5(1)(fa)), and remains defined in the Regulation, albeit only in relation to that provision (reg. 5(3)). Amending the Entry Restrictions Regulation itself to delete “immediate” may have been a better way to proceed. There is a more straightforward change, allowing movement by a person permitted to enter the Isle of Man for the purposes for which they were permitted to enter the Island (new reg. 5(1)(ab)).

The Closure of Businesses and Other Premises (Amendment no.9) Regulations make a significant change to businesses generally. Formerly, businesses were only permitted to have on their premises employees who could not properly carry out their duties at home, and were not permitted to allow more persons on their premises than were necessary for the operation of the business, albeit on a sustained basis (former reg.5, 5A, and 5B). These have now been abolished (by reg. 3(2), 3(3), 3(4)(b)). More specifically, self-catering accommodation may now open for members of the same household (amending Part 2 of the Schedule); and attending self-catering accommodation on that basis is now permitted under the Prohibitions on Movement Regulations (by reg.4, creating new reg. 5(1)(ac)). A person who is not a resident of the Isle of Man may use self-catering accommodation: this includes a person attending a funeral, but also “a person who is unable to reside in his or her primary residence”, which I would read as including every person whose primary residence is not in the Isle of Man, but who is in the Isle of Man under one of the (growing) exemptions under the Control of Entry Regulations.

Finally, the Town and Country Planning Procedures Regulations make a substantial number of detailed amendments to the planned regulations; the effect of which is to provide that planning appeals will be considered through written representations only.