Primary legislation is the highest form of legislation that applies in the Island. In the Isle of Man there are three types of primary legislation:

Acts of Tynwald are passed by the Branches of Tynwald – the House of Keys and the Legislative Council – and require the Assent of His Majesty in Council, though this is usually given by the Lieutenant Governor on His Majesty’s behalf.

Acts of Parliament that have effect in the Island. There are four ways in which Acts (or certain provisions of Acts) passed in Westminster may apply to the Isle of Man:

1) the Act may be expressed to apply to the Isle of Man (often with a power for an Order in Council to modify it in its application to the Island);[1]

2) the Act may apply to the Island by implication;[2]

3) the Act may apply by virtue of being extended to the Island by Order in Council, where it contains a power to do so;[3]

4) the Act may apply by virtue of being extended to the Island under the authority of an Act of Tynwald.[4]

Church Measures are further type of primary legislation. They make provision with respect to matters concerning the Church of England in the Isle of Man and are not passed or considered by the Branches of Tynwald. Instead, they generally follow the procedures laid out in the Church Legislation Procedure Act 1993. This requires that any Measures be presented to Tynwald Court for approval in draft form with an accompanying report. Tynwald Court may then resolve that the draft Measure be presented to His Majesty for Royal Assent in the same manner as a Bill.[5] Thereafter, Measures are treated in the same manner as an Act of Tynwald.[6]

Within the territory of the Isle of Man, the legislative competence of Tynwald is extensive but not necessarily exclusive. The concept of ‘reserved matters’ familiar in the UK’s devolved parliaments and assemblies does not apply in the Isle of Man. There is no fixed list of policy areas in which the Isle of Man makes its own legislation, rather than relying on UK legislation extended to the Island. This is because the Isle of Man has never been part of England or of the UK. Tynwald and the Parliament at Westminster emerged as law-making bodies at around the same time. Hence the powers of Tynwald are not devolved in the sense of having been passed down from Westminster. Rather, Tynwald’s legislative powers are, and always have been, its own.

In practice, most new primary legislation affecting the Isle of Man is made in Tynwald, and UK legislation is not extended to the Isle of Man without Tynwald’s prior consent.

An Act is a piece of primary legislation that has completed its passage through the relevant legislature and has received Royal Assent. At any time before receiving Royal Assent (e.g. when it is before the House of Keys or Legislative Council for consideration) it is referred to as a Bill.

Reading Primary Legislation

An Act is an expression of Tynwald’s legislative intention that states or alters the law in some respect. For example, an Act of Tynwald may establish rights and responsibilities of Manx residents, it may impose penalties and sanctions, or it may impose taxes. Some Acts are free standing, others amend existing Acts:

• A new principal Act sets up a new legislative scheme and the title will usually reflect the subject matter of the Act.[7]
• An amending Act amends existing Acts. Usually, an amending Act has the word ‘Amendment’ in its title.[8]

However, the absence of the word ‘Amendment’ does not necessarily mean that the Act is not an amending Act.[9] Many new principal Acts also amend existing Acts as a consequence of the new legislative scheme that is established by the new principal Act.[10]

Structure of an Act

There is a standard format for Acts of Tynwald, and conventions as to the structure and order of provisions. The first substantial page of an Act starts with the Isle of Man Coat of Arms, the short title of the Act, the date on which it was signed in Tynwald, the date of Royal Assent, the date on which Royal Assent was announced to Tynwald, the long title of the Act and the enacting words. They are followed by the rest of the text of the Act (which includes any Schedules to the Act).

All Acts are printed with a table of contents which shows the subheadings for each section. This used to be called the Arrangement of Sections; however, it is now referred to as the Index. Some elements of the printed Act, such as the Index and any marginal notes, do not form part of the Act. That means they are not part of the law. However, preambles (a statement of the purposes of an Act) and subheadings in Acts are part of the Act and are intended to assist in ascertaining the meaning of the Act.

In reprints or consolidated versions of Acts prepared by the Attorney General’s Chambers, there are also notes that identify any amendments that have been incorporated in the reprint or consolidated version.[11]

Numbering

An Act may be divided into Parts and the Parts may be divided into Divisions. The purpose of dividing an Act in this way is to group the subject matter so that it is comprehensible. Short Acts, particularly short amending Acts, are often not divided. An Act is generally only divided into Parts and Divisions if the Act deals with a range of subtopics.

Many Acts also include Schedules, which are of no lesser legal significance than the main body of the Act. These appear at the end of an Act and always depend on, or are introduced by, a section. Schedules are frequently used to provide greater detail about how certain provisions of an Act are to be implemented in practice. They can also be used to separate long lists of amendments and repeals from the main body of an Act or to reproduce the text of implemented treaties, agreements or foreign legislation as applied to the Isle of Man.

The text of an Act is contained in individual sections. A section is identified by a bold number and a section heading. Sections can be further divided to assist comprehension:

Subsections – (1), (2) etc.

Paragraphs – (a), (b) etc.

Subparagraphs – (i), (ii) etc.

Schedules are divided into paragraphs (1, 2 etc.). Paragraphs can be grouped together in Partsjust like the body of an Act and can be further divided into various levels of subparagraph following the same pattern as for sections (i.e. 1(1)(a)(i) etc.).

The numbering of the provisions in a Bill takes the same form except that there is one small difference in terminology—the text of a Bill is referred to in clauses. These clauses then become sections on enactment. All other subcategories in a Bill have the same names as in Acts.[12]

Amendments

If a new provision is inserted between two existing provisions, it will be given the number of the first provision, plus a letter of the alphabet.

For example:

a new section between 1 and 2 will be 1A

a new subsection between (1) and (2) will be (1A)

a new paragraph between (b) and (c) will be (ba).

In some cases, when inserting a provision, it is not possible to use the number of the first provision. In this case the letter of the alphabet will appear before the number of the existing provision.[13]

For example:

a new section before section 1 will be A1

a new sub-section before subsection (1) will be (A1)

a new paragraph before (a) will be (Aa).

(Multiple amendments can sometimes mean that the numbering becomes unwieldy.)

Short Title of a Bill/Act

The short title is the key title used to identify a Bill/Act. The short title reflects the Act’s subject matter. For example:

Veterinary Surgeons Act 2005

Race Relations Act 2004

Long Title of a Bill/Act

The long title of sets out the general objectives of a Bill/Act. It needs to be wide enough to embrace everything covered by the Bill/Act. The other importance of the long title is that any amendments to a Bill have to be within the scope of the long title.[14] This is an example of a long title:

AN ACT to make provision for the management of designated coastline zones, to regulate development in such zones; to confer functions on the Department of Transport in respect of such zones; to modify the effect of enactments relating to town and country planning in respect of such zones; and for connected purposes.[15]

Prior to enactment, the long title will begin with “A BILL” instead of “AN ACT”. In most cases the phrase ‘and for connected purposes’ is included to ensure that the scope of the long title is wide enough to enable all ancillary matters to be covered.

Preamble

If an Act contains a preamble, this will appear at the beginning of the Act after the long title but before the first section. The preamble explains the background to the Act or the reasons why its enactment is considered desirable. It forms part of the text of the Act and can be a useful tool for interpreting legislation.[16] However, unless doing so would serve to alter the effect of the respective legislation, a preamble may be omitted in the drafting of Consolidation Acts.[17] A preamble may be compared to the recitals of a contract.

Although more common in older Acts of Tynwald,[18] a preamble is normally now used only in Private Acts. A private Act is limited in its application; it is different from a Private Member’s Bill, which is promoted by a Member as an individual as opposed to on behalf of the Government. The following example is a short extract from the preamble of a Private Act in 2010:

WHEREAS:

(1)     Bank of Scotland plc (hereinafter referred to as the “Transferor Company”) is a public limited company incorporated in Scotland which carries on, inter alia, deposit taking business through a branch in the Island, where it is licensed to do so under the Financial Services Act 2008.

(2)     Lloyds TSB Offshore Limited (hereinafter referred to as the “Company”) is a private limited company incorporated in Jersey which carries on, inter alia, deposit taking and investment businesses through a branch in the Island, where it is licensed to do so under the Financial Services Act 2008.

(3)        The Transferor Company and the Company are both subsidiaries of Lloyds Banking Group plc, a public limited company incorporated in Scotland.[19]

Enacting words

These words appear in every Bill/Act after the long title or, if there is one, the preamble. The words are:

BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Council and Keys in Tynwald assembled, and by the authority of the same, as follows:

Commencement

The Legislation Act 2015provides that an Act is enacted and commences when Royal Assent is announced to Tynwald.[20] However, many Acts will specify a particular day on which the whole Act is to commence, or particular days on which specific provisions are to commence. Where this is the case, the Act or provision will commence at the start of that particular day.[21] A common provision in many recent Acts is that an Act or provision is to commence on such day or days as specified by the responsible Department in an ‘Appointed Day Order’.[22] Retrospective commencement of primary legislation is generally rare; however, certain provisions may occasionally be granted retrospective application (for example, offences relating to crimes against humanity, war crime, etc.).[23]

Definitions

Definitions and other interpretative provisions that are to apply across an Act are usually located together in a section entitled ‘Interpretation’. Sometimes a definition is only applicable to specific provisions of an Act, in which case the definition will usually be located at the end of the relevant section or Part, rather than in the main definition section.

Transitional provisions

An amendment (or repeal) may create a need to deal with the changeover from the old position to the amended position. This sort of issue is dealt with in provisions known as transitional provisions. The section on transitional provisions is often followed by one on consequential amendments.

The Explanatory Memorandum - Bill

An Explanatory Memorandum appears at the front of all Bills that are introduced into the Branches; however, it is not ultimately printed with the Act. An Explanatory Memorandum should identify the promoter of the Bill, outline the general scope and specify the financial effect of the Bill.[24]

The Explanatory Memorandum must also include a statement in respect of the Bill’s compatibility with the European Convention on Human Rights. This must either state that it is the view of the mover that the Bill is compatible with the Convention Rights, or that the mover is unable to make such a statement but nevertheless wishes to proceed with moving the Bill.[25]

In practice, the Explanatory Memorandum also tends to include commentary on each individual clause, as is provided in the separate Explanatory Notes (see below).

Explanatory Notes

Explanatory Notes for each Bill are produced for Members of Tynwald. The notes set out the contents and effect of the Bill on a clause by clause basis. The following information is frequently also included in the notes:

• the background, scope and purpose of the Bill;
• an explanation of any statutory repeals or amendments;
• reasons and justifications for the inclusion of retrospective commencement dates (if any);
• explanations of clauses that amend disciplinary processes and powers;
• reasons and justifications for empowering the making of subordinate instruments that have retrospective effect (if any);
• material to assist a person reading the Bill to understand what the Bill does;
• if a clause of a Bill contains a cross reference to another clause or to a section of another Act, an explanation is sometimes included where the reason for making the cross reference is not immediately obvious;
• examples of how a clause will operate (particularly if the clause includes a formula); and
• information on any Human Rights implications of the Bill.

Finding the current text of an Act

Acts of Tynwald are published both in hard copy and electronically.

The hard copy, which is published by authority, is the only official version that may be used in court. Each Act is published in hard copy soon after it has been passed. It is published on white paper (Bills are printed on green paper).

HM Attorney General’s Chambers maintain the Government legislation website. The website offers access to all current Acts, along with a point-in-time functionality. It also publishes Acts of Tynwald as enacted (from 2001 onwards), repealed Acts (from September 2012 onwards), and substantive Acts (from 1920 onwards). Further services available on the website include lists of recent changes to primary legislation, copies of Bills (from 2016 onwards), the Isle of Man Legislation Newsletters and informative posts about Manx legislation. The website also includes a list of revoked secondary legislation and offers copies of consolidated secondary legislation under certain items of primary legislation. It should be noted that the latter is an ongoing project and that not all items of secondary legislation can yet be found in consolidated form on the website. Copies of secondary legislation as made can be found on the Tynwald website.

Electronic copies of Bills being considered in the Branches can be found on the Tynwald website along with a progress summary.

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[1] For example: Trade Marks Act 1994

[2] For example: Armed Forces Act 1991

[3] For example: Communications Act 2003

[4] For example: Social Security Administration Act 1992

[5] Church Legislation Procedure Act 1993, Schedule 1

[6] Legislation Act 2015, s.23A

[7] For example: Manx Care Act 2021.

[8] For example: Emergency Powers (Amendment) Act 2020.

[9] For example: Elections and Meetings (Local Authorities) Act 2021.

[10] For example: Divorce, Dissolution and Separation (Isle of Man) Act 2020.

[11] See Part 5 of the Legislation Act 2015 which makes provisions regarding reprinting legislation.

[12] It is not correct to refer to sub-clauses although the expression is used colloquially.

[13] Examples of both styles of numbering can be found in the Income Tax Act 1970 (e.g. sections 107A and 107B, A108 to J108).

[14] Standing Order 4.7(3)(a) of the Standing Orders of the House of Keys requires an amendment in a Bill to be “within the long title of the Bill”.

[15] Coastline Management Act 2005.

[16] Interpretation Act 2015: section 21(a).

[17] Legislation Act 2015: section 84(1)(h)(ii).

[18] See e.g. Derby Square Act 1945.

[19] Lloyds TSB Offshore Limited Banking Business Act 2010.

[20] Legislation Act 2015: section 17(1).

[21] Legislation Act 2015: section 17(2).

[22] For example: Manx Care Act 2021.

[23] For example: International Criminal Court Act 2003.

[24] Standing Order 4.1 of the Standing Orders of the House of Keys requires a Bill that is to be introduced into the House to have a ”memorandum stating the objects and financial implications of the Bill”.

[25] Human Rights Act 2001, s.16.

Public Bills

The drafting of public Bills, also known as Government Bills, cannot commence unless the Council of Ministers has given authority to draft them. Departments are invited by the Council of Ministers to submit proposals for legislation for inclusion in the Legislative Programme.

Proposals for new primary legislation are accompanied by an Impact Assessment Form which sets out:

• information on the purpose of the Bill with an explanation as to why there is a need for primary legislation;
• what alternatives have been considered to the introduction of the primary legislation and why those alternatives have been rejected;
• the likely resource implications of the Bill. Should any major resource implications be identified, Treasury concurrence is required prior to the Bill being introduced into the Branches;[1]
• a structured timetable from initial drafting to introduction into the Branches that has been agreed with the Legislative Drafting Division of the Attorney General’s Chambers;
• whether the proposed legislation will impact on business. Departments should have consulted fully with the relevant sector and the views of the sector should be included.

When the Council of Ministers agrees to a Bill, it considers in which legislative year the Bill is to come before the Branches and what priority the Bill should be given. The order in which Bills are drafted and introduced is a therefore a political decision.

The Bill is then added to the running list of current Bills that have yet to go to the Branches. This indicates the year of intended progression, the given priority, and the current state of play. This list is managed and kept up to date jointly by the Cabinet Office and the Legislative Drafting Division of HM Attorney General’s Chambers.

The next stages are public consultation and drafting. Bills are drafted in the Attorney General’s Chambers on the basis of drafting instructions prepared by the relevant Department. Consultations are usually conducted via the Isle of Man Government’s online Consultation Hub. Consultations are to be conducted in accordance with the Isle of Man Government’s consultation principles and guidance. They may take place before a Bill is drafted, in respect of the policy matters which will form the Bill, or afterwards in relation to the wording of a Bill itself.

Once a Bill has been drafted and checked, the Minister for the Department will approve the final draft before it is submitted to the Council of Ministers.

If the Council of Ministers approves a submission, a Member must be chosen to promote the Bill. In the case of public Bills, the Chief Minister or the Council of Ministers will intimate to the Speaker that the Chief Minister or a Minister or member of a Department is prepared to take the Bill in the House of Keys, particularly if the subject falls within their remit. In respect of the progression of Bills in the Legislative Council, due to the number of Members in this Chamber, it is often necessary for non-departmental Members to be asked to move Bills.

Finally, Bills and their accompanying Explanatory Notes are printed on green paper ready for circulation to Members when tabled for introduction into the Branches.[2]

Private Members’ Bills

A private Member’s Bill may be introduced by a Member into the House of Keys or Legislative Council without the endorsement of the Isle of Man Government or the Council of Ministers; however, the Member must first obtain leave of the House of Keys or Legislative Council to do so.[3] In the House of Keys, leave lapses at the end of the Session following the one in which the leave was granted.[4] There is no provision that leave to introduce a Bill lapses in the Legislative Council. Treasury concurrence is also required if the Bill will affect public revenue or require expenditure to carry into force.[5]

Private Members’ Bills are drafted by the Legislative Drafting Division. The Chief Legislative Drafter will allocate a drafter for the purpose of providing that assistance. The equivalent of two days a month of the drafter’s time is set aside, if needed, for drafting private Members’ Bills. The role of the drafter is to provide apolitical drafting assistance to the Member, who will provide the instructions. The Bill will not be discussed with any government agency or representative without the permission of the private Member.

Where a Member is successful in obtaining leave to introduce a Bill, he or she will promote the Bill in the House of Keys or the Legislative Council. The Bill then follows the same parliamentary procedure as a public Bill.

Private Bills

A private Billis a Bill for the particular benefit or interest of a person or group or a public corporation. Private Bills should be distinguished from Bills which have operation in a particular locality but nevertheless affect the public in general and are therefore public Bills.

Private Bills may be sponsored by the Government (e.g. Lloyds TSB Limited Offshore Banking Business Act 2010), or they may be private Members’ Bills (e.g. Broadway Baptist Church Act 2011).

A private Bill follows, for the most part, the same parliamentary procedure as a public Bill. However, additional provisions in respect of private Bills are contained in each Branch’s Standing Orders.[6]

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[1] The Treasury Act 1985, section 10.

[2] Standing Orders of the House of Keys, 4.1-4.2.

[3] Standing Orders of the House of Keys, 4.4(1).

[4] Standing Orders of the House of Keys, 4.4(2).

[5] Treasury Act 1985, s.10.

[6] Standing Orders of the House of Keys, 4.34–4.42; Standing Orders of the Legislative Council, 4.8-4.9

The procedures for the introduction and passage of Bills are contained in the Standing Orders of each Branch.[1]

The following outline of the process of consideration of primary legislation is based on the assumption that the Bill is introduced in the House of Keys, which has become the convention. The process in each Branch is similar, comprising stages to introduce the Bill, debate its principles, examine each clause, and vote on the Bill in its final form, but the timing specified for each stage varies. The process followed in each Branch is the same whether they are the first or the second Branch to consider the Bill.

House of Keys - First Reading

For public Bills, the First Reading usually appears on the Order Paper for the first available sitting after the Council of Ministers has approved the introduction of the Bill.[2]

The First Reading is the formal introduction of the Bill in the House. The Secretary of the House reads out loud the short title of the Bill and announces the name of the Member promoting it. There is no debate or vote.[3]

Once a Bill has received its First Reading, it may only subsequently be withdrawn with the leave of the House, supported by the votes of at least 13 Members.[4] However, the Member in charge is able to delay putting the further stages of the Bill on an Order Paper until he or she is ready.

House of Keys - Second Reading

At a sitting subsequent to the First Reading, theMember in charge of the Bill moves that the Bill be read a second time, and gives a speech outlining the scope of Bill.[5] There is a general debate on the principles behind the legislation, rather than a clause by clause analysis of the Bill, although references may be made to specific clauses. Members who intend to move amendments to the Bill at the clauses stage may choose to give notice of this during the Second Reading debate.

There is usually at least a one-week period between the First and Second Reading in order to give Members time to consider the Bill. The promoting Department may also choose to offer Members a separate briefing about the Bill, outside of any sitting.

At the Second Reading stage, any person who claims an interest, distinct from the interests of the general public, and claims to be adversely affected by the provisions of the Bill, may present a memorial to the House to request leave to appear and be heard at the Bar of the House, either in person or by counsel.[6] Any person speaking before the House as a result of this procedure may ordinarily only be heard after the formal motion and before any debate has taken place.[7]     

At the end of the Second Reading debate, the Member moving the Bill has the opportunity to speak again to address any of the issues raised before the Members vote on the Bill for the first time. 

House of Keys – Clauses Stage

Once the House has resolved that a Bill be read a second time, at least one subsequent sitting must pass before consideration of the Bill’s clauses may take place.[8]

This stage requires the Member in charge of the Bill to move that each clause stand part of the Bill. It gives Members the opportunity to debate each clause, to seek an explanation from the sponsor of the Bill as to the effect of particular clauses, and to move amendments.[9]

Amendments for Bills are drafted by the legislative drafters, normally by the drafter who drafted the Bill. Members are encouraged to approach the Chief Legislative Drafter as soon as they have decided to bring forward an amendment.  They will be directed to the drafter of the Bill who will need time to consider the Member’s instructions and prepare an amendment for the Member’s approval. When amendments have been finalised, the drafter will usually send an electronic copy to the Office of the Clerk of Tynwald, but it is for the Member moving the amendment to ensure its submission for inclusion on the Order Paper.

Proposed amendments must fall within the long title of the Bill and must be submitted to the Secretary of the House, for circulation to Members, no later than 5.00pm six working days before the day of the sitting at which it is to be considered. This timeframe may be shortened at the Speaker’s discretion for an amendment which is substantially the same as one which has been submitted on time. [10]

A Member is not permitted to move or second an amendment to a clause after having spoken in the debate on that clause, but may speak to an amendment moved by another Member.[11] A Member moving an amendment speaks to the amendment and also has a right to reply before the amendment is put to the House[12]. Like any other motion in the House, an amendment cannot be debated by other Members until it has been seconded.[13]

Where numerous amendments have been proposed and seconded to a clause, they will be put to the House in the order and manner directed by the Speaker with the consent of the House. The Speaker might direct that each amendment be debated and voted upon separately; or all the amendments be debated together but voted upon separately; or all the amendments be both debated and voted upon together.[14] If one or more amendments are successful, the Speaker will thereafter put the clause as amended to the House.[15]

New Clauses may also be proposed but these should not be irrelevant, foreign, or contradictory to the Bill.[16] For example, a new clause dealing with agriculture should not be added to a Bill dealing with merchant shipping. Any proposed new clauses must be notified to the Secretary of the House by 5.00pm, six working days before the sitting at which the new clause is to be moved.[17] The details are then appended to the Order Paper for that sitting. Where a new clause is moved, it is for the Speaker to determine at which point in the Bill the new clause is to be moved.[18]

A new clause is first considered by the House in principle and the mover of the new clause is allowed to reply to this debate.[19] The debate on the principle of the clause is effectively the equivalent of the Second Reading stage. If the new clause is agreed in principle, it may then be put to the House to stand part of the Bill at the same sitting. However, if a Member wishes to amend the new clause immediately after approval in principle, then such a motion is not to be moved until the next but one sitting.[20]

The preamble and the long title of the Bill may be considered at any time that the Speaker deems appropriate.[21] If it is desired that matters outside the scope of the Bill be introduced by amendments, they should be dealt with only if the House passes a motion to widen the scope of the Bill and, normally, to amend the long title.[22]

Reference to Committee

After the motion for the Second Reading has been carried, the Bill may be referred to a Committee which will be appointed to consider and report back to the House. A Committee may also be appointed during the clauses stage when any or all of its clauses may be referred.[23]

A Committee appointed by the House for this purpose usually consists of three or five Members and is assisted by the Secretary of the House. It is empowered to take oral and written evidence.  It may make recommendations and include draft amendments in its report, but it cannot formally amend the Bill.

The Committee reports to the House and the House votes on any recommendations, and any amendments to those recommendations made by Members. Once any amendments have been voted on, procedure on the Bill continues from where it had left off when the Committee was appointed (unless one of the recommendations or amendments carried is to abandon the Bill).

Committee of the Whole House

At any stage during the consideration of a Bill, the House may resolve itself into a Committee of the Whole House. This allows for a free form of debate and for oral evidence to be heard.[24]

House of Keys – Third Reading

After the clauses stage in the House is complete, the motion may be put at a subsequent sitting that the Bill be read a third time.[25] The Third Reading of a Bill is usually a formal step and generally does not involve extensive debate. The mover often makes brief remarks commenting on matters raised about the Bill and thanking Members for their contributions to the Second Reading debate or consideration of clauses. A minimum of thirteen votes is required for the Third Reading to be carried.[26]

Transmission to Legislative Council

After the Bill has passed its Third Reading, it transmitted to the Clerk of the Legislative Council by the Secretary of the House.[27] Bills which have been amended during their passage through the House are usually reprinted in amended form at this stage.

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Until 30^th September 2021, the three Readings and Clauses stage of a Bill in the Legislative Council were similar to those of the House of Keys. Further to reports by the Select Committee on the Business and Functioning of the Legislative Council and the Standing Orders Committee of the Legislative Council, changes to the stages of a Bill’s passage were approved by the Council in March 2021 for implementation from 1^st October 2021.[28] These are outlined below. 

Legislative Council – Principles Stage

Under the new procedure, in order to better reflect the way in which a Bill usually passes through the Council, the First and Second Readings are encompassed within a single ‘Principles Stage’.[29] This stage serves the purpose of outlining the underlying principles of the Bill, enabling debate around the wider subject matter of the Bill and allowing Members an opportunity to identify specific concerns prior to consideration of clauses. 

If the motion at the Principles Stage is carried, the Bill will proceed to the Clauses Stage after a period of at least two weeks.[30] However, Members will have the option to amend the motion at the Principles Stage so that the Clauses Stage will only be considered once evidence has been heard. If this amendment is carried, the Bill will enter the ‘Evidence Stage’ after a period of at least one week.[31]

Legislative Council – Evidence Stage

The Evidence Stage enables Members to nominate witnesses from whom they wish to hear at one or more sittings. The Clerk of the Council schedules such witnesses under the authority of the President.[32] Once any scheduled witnesses have been heard, the motion that the Bill proceed to the Clauses Stage will be debated.[33] However, Members may move to adjourn the motion to a specified date in order, for example, to allow further consideration of evidence.[34]

If the motion to proceed to the Clauses Stage is carried, that Stage may only commence after a period of at least two weeks following the final day of the Evidence Stage.[35]

Legislative Council – Clauses Stage

The Clauses Stage involves consideration of each individual clause and, where necessary, individual subsections and paragraphs. It also serves as an opportunity for Members to move amendments and new clauses.[36] 

The reformed Clauses Stage introduced the same process for proposing new clauses as exists under the Standing Orders of the House of Keys. This requires that any new clause first be debated and approved in principle before Members are given an opportunity to propose amendments.[37] If no amendments are moved, a motion that the new clause stand part of the Bill may immediately follow. However, should any Member wish to bring forward an amendment, the motion that the clause stand part of the Bill may not be moved until the next but one sitting.[38] 

Once all clauses and schedules have been considered, the Bill moves to the ‘Final Stage’ after a period of at least one week.[39]

Legislative Council – Final Stage

The Final Stage is the equivalent of the Third Reading in the House of Keys, with the Member in charge of the Bill moving that it do now pass in its final form. Amendments may still be moved during the Final Stage; however, they require the support of at least six Members.[40]  

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Whether a Bill begins in the House of Keys or the Legislative Council, each Branch has the opportunity to make amendments. Where amendments are made by the Second Branch, the first Branch must receive the Bill again to consider the amendments made.

Consideration of Amendments in the Other Branch

If the Legislative Council has amended a Bill received from the House of Keys, the amended Bill is to be immediately returned to the House unless the President determines that its return should be delayed.[41] The House may then –

(a)          agree with the Council's amendments; or

(b)          disagree with the Council's amendments; or

(c)          amend the Council's amendments; or

(d)          disagree with the Council's amendments with a view to a conference.[42]

If the House of Keys disagrees with or amends the Legislative Council's amendments, the Bill is returned to the Council. If the Council then disagrees with the House's amendments, the House may again disagree with a view to a conference.[43]

Equally, if the House of Keys makes further amendments to a Bill which had been previously amended by the Legislative Council, the Council may agree with, reject or amend the House’s amendments, or disagree with a view to a conference.[44]

Conference between the Branches

Where a conference is to be held, the House of Keys elects a deputation of Members to represent the House. The deputation is accompanied by the Secretary of the House to meet a similarly elected deputation of Legislative Council Members and the Clerk of the Council.[45] The conference is held in private, chaired by the President of Tynwald, and under the Standing Orders of Tynwald Court.[46] Differences between the two Branches are normally resolved in a conference, or a succession of conferences.  At the conclusion of a conference, the deputations report to their respective Branches.

Special procedures apply where a Bill is returned to the House by the Council with new clause(s) and where the House introduces new clause(s) after the Bill has been returned to the House by the Council.[47]

A Bill comes before the Branch that triggered the conference again once the conference or conferences have been concluded.[48]

House of Keys Only Bill

Where a disagreement cannot be resolved, statutory procedures apply that limit the Legislative Council’s delaying powers. If a Bill has not been passed by the Legislative Council within 12 months (excluding July, August and September) following the first sitting of the Council after the Bill’s transmission from the House of Keys, the House is granted a period of 6 months in which it may resolve to submit the Bill to the next convenient sitting of Tynwald for signature. Such resolution requires the support of at least 17 Members of the Keys. If at least 17 Members of the Keys sign the Bill in Tynwald, it will be sent to His Majesty for Royal Assent, with or without being signed by a quorum of the Council.[49]

Privy Council Amendment

Throughout the legislative process there is communication with the UK Government through the Ministry of Justice about proposed legislation. At any time before a Bill has received the Royal Assent, the House of Keys can consider suggestions made by the Privy Council and make such amendments as the House considers desirable in respect of such suggestions.[50] Such amendments would require the agreement of the Legislative Council as per ordinary procedure.

Lapse of Bills

Bills which have not passed their Third Reading in the House of Keys by 5^th July will lapse unless the House orders that the Bill be suspended and continued (at the same stage) in the next legislative year.[51]  This procedure usually takes place at the sitting of Tynwald at St John’s on 5^th July. 

On the dissolution of the House, usually shortly before a General Election, all Bills then before the House lapse.[52] A Bill which, before the dissolution of the House, has been passed by the House of Keys and the Legislative Council and has been signed by a quorum of both Branches in Tynwald, but has not yet received Royal Assent, may be given Royal Assent after the dissolution without requiring the Bill to be reconsidered by the Branches. If such a Bill is not signed by a quorum of Tynwald before the dissolution, it will not then be able to be signed in Tynwald and receive Royal Assent without first being reintroduced to the House of Keys as if it were a new Bill under Standing Order 4.2(1)(b).

A Bill which is before the Legislative Council at the time of the dissolution, and which is subsequently passed by the Council must go through all its stages in the new House of Keys before being signed in Tynwald and sent for Royal Assent.[53]

Signing in Tynwald Court

When a Bill has passed in both Branches it must be signed in Tynwald Court before being formally submitted for Royal Assent.

In practice, this signing is not normally done until the Clerk of Tynwald has been notified that the Lieutenant Governor has been authorised to give the Royal Assent on behalf of His Majesty. There is often a delay of some months between the final stages in the Branches and such authorisation.

In the year of a General Election to the House of Keys, however, all Bills which have been passed by the Branches and have not yet had Royal Assent are signed at the last sitting of Tynwald Court before the General Election. In these circumstances the Royal Assent, if given, would be announced at a sitting of Tynwald Court after the General Election.

A Bill must normally be signed by a quorum of each Branch. However, where a Bill is submitted to Tynwald under the exceptional power for the House of Keys alone to pass a Bill, the Bill must be signed by at least 17 Members of the Keys.[54]

 Giving of Royal Assent

Historically, Royal Assent was given by the Monarch in Council. Today, most Bills are dealt with by the Lieutenant Governor, advised by the Ministry of Justice, under delegated powers contained in the Royal Assent to Legislation (Isle of Man) Order 1981.[55]

As soon as a Bill has completed its passage through the House of Keys and the Legislative Council, a Royal Assent copy is sent to the Ministry of Justice with a certificate from HM Attorney General stating that there is no legal objection to the Bill.

Once notification has been received from the Ministry of Justice that the Lieutenant Governor may use his or her delegated powers to grant Royal Assent, the Royal Assent copy is forwarded to the Office of the Clerk of Tynwald and is circulated for signing during a sitting of Tynwald Court. Once signed in Tynwald Court, it is sent to Government House for signing by the Lieutenant Governor.

Announcement of Royal Assent in Tynwald Court

Once the Lieutenant Governor has given Royal Assent, the Royal Assent copy is sent back to the Legislative Buildings. The President of Tynwald announces during a sitting of Tynwald Court that Royal Assent has been given. It is at this point that, in the absence of express provision to the contrary, the Act comes into effect. [56]

A certificate stating the date that Royal Assent has been announced in Tynwald is signed by the President and the Speaker.[57] Following Royal Assent, the Act is given a chapter number.

Promulgation

Every Act is to be promulgated (i.e. announced) at the next practicable Tynwald Day.[58] Promulgation is not necessary before an Act comes into operation but must take place within eighteen months of the Act being passed or the Act will cease to have effect.[59]

Commencement Dates and Appointed Day Orders

An Act comes into operation on the day on which Royal Assent is announced in Tynwald Court, unless there are other provisions in place.[60]

An Act of Tynwald may, however, be drafted so that it can be brought into operation, either all at once or in stages, by a specific type of secondary legislation called an Appointed Day Order. All Appointed Day Orders are to be laid before Tynwald.[61]

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[1] Standing Orders of the House of Keys, IV Bills, and Standing Orders of the Legislative Council, IV Bills

[2] Standing Orders of the House of Keys, 4.2(1)(a)

[3] Standing Orders of the House of Keys, 4.5(1)

[4] Standing Orders of the House of Keys, 4.5(2)

[5] Standing Orders of the House of Keys, 4.6

[6] Standing Orders of the House of Keys, 4.31

[7] Standing Orders of the House of Keys, 4.33

[8] Standing Orders of the House of Keys, 4.7(1); a sitting of Tynwald Court is counted as a sitting for this purpose, because it incorporates a sitting of the House of Keys.

[9] Standing Orders of the House of Keys, 4.7(2)

[10] Standing Orders of the House of Keys, 4.7(3); see also 2.2 and 3.15(1)–(4)

[11] Standing Orders of the House of Keys, 3.27

[12] Standing Orders of the House of Keys, 3.28

[13] Standing Orders of the House of Keys, 3.11(4)

[14] Standing Orders of the House of Keys, 3.15(5)

[15] Standing Orders of the House of Keys, 3.17

[16] Standing Orders of the House of Keys, 4.8(1)

[17] Standing Orders of the House of Keys, 4.8(2) and 2.2

[18] Standing Orders of the House of Keys, 4.8(3)

[19] Standing Orders of the House of Keys, 4.8(4)

[20] Standing Orders of the House of Keys, 4.8(5)

[21] Standing Orders of the House of Keys, 4.9

[22] cf. Standing Order 4.7(3)(a). In view of the procedures adopted in the House in respect of the Constitution Bill on 24 Apr 2007, it is difficult to determine the practical operation of this Standing Order. At the clauses stage of that particular Bill, the House was presented with two sets of amendments which amounted to different Bills. In each case the amendments included a new long title. Standing Orders were suspended and one of the alternative long titles was carried on a vote and the Bill re-printed with the new provisions replacing the original. It would appear that Standing Order 4.7(3)(a) is not necessarily a bar to amendments outside the long title.

[23] Standing Orders of the House of Keys, 4.10(2).

[24] Standing Orders of the House of Keys, 4.4A. 

[25] Standing Orders of the House of Keys, 4.11(1)

[26] Standing Orders of the House of Keys, 4.11(2)

[27] Standing Orders of the House of Keys, 4.25

[28] PP 2020/0195; PP 2021/0060; Legislative Council Votes and Proceedings 24^th Mar 2021 (PP 2021/0085)

[29] Standing Orders of the Legislative Council, 4.3(4)

[30] Standing Orders of the Legislative Council, 4.3(6)

[31] Standing Orders of the Legislative Council, 4.3(5) and (7)

[32] Standing Orders of the Legislative Council, 4.3(9)

[33] Standing Orders of the Legislative Council, 4.3(11)

[34] Standing Orders of the Legislative Council, 4.3(12)

[35] Standing Orders of the Legislative Council, 4.3(13)

[36] Standing Orders of the Legislative Council, 4.3(15)-(16)

[37] Standing Orders of the Legislative Council, 4.3(17)(a)-(b)

[38] Standing Orders of the Legislative Council, 4.3(17)(c)-(d)

[39] Standing Orders of the Legislative Council, 4.3(18)

[40] Standing Orders of the Legislative Council, 4.3(19)-(20)

[41] Standing Orders of the House of Keys, 4.13(1); Standing Order of the Legislative Council, 4.4

[42] Standing Orders of the House of Keys, 4.13(3)

[43] Standing Orders of the House of Keys, 4.14–4.15

[44] Standing Orders of the Legislative Council, 4.6(1)

[45] Standing Orders of the House of Keys, 5.2

[46] Standing Orders of Tynwald Court, 4.3-4.5

[47] Standing Orders of the House of Keys, 4.27-4.28

[48] Standing Orders of the House of Keys, 4.14(2); Standing Orders of the Legislative Council, 4.6(4)

[49] Constitution Act 2006; Standing Orders of the House of Keys, 4.17-4.22

[50] Standing Orders of the House of Keys, 4.16

[51] Standing Orders of the House of Keys, 4.26(1)

[52] Standing Orders of the House of Keys, 4.26(3)

[53] Standing Orders of the House of Keys, 4.26(4)-(5).

[54] Standing Orders of Tynwald Court, 10.6; Constitution Act 2006

[55] A recent exception is the Marriage and Civil Partnership (Amendment) Bill 2016, which was granted Royal Assent in the Privy Council.

[56] Legislation Act 2015, s.17

[57] Standing Orders of Tynwald Court, 10.7; Legislation Act 2015, s Oct (1)

[58] Standing Orders of Tynwald Court, 2.1(3)(e)

[59] Legislation Act 2015, s.12

[60] Legislation Act 2015, s.17

[61] Legislation Act 2015, s.36

Legislation is passed to give government bodies the powers necessary to implement policies decided by Tynwald. The primary legislation (Acts of Tynwald) can either set out in detail what those powers are or give general powers, omitting the detail, classed as ‘enabling legislation’. Secondary legislation, also known as subordinate legislation, is legislation made under the authority of primary, enabling, legislation. In the Isle of Man there are the following types of secondary legislation:

• Statutory Documents, commonly Regulations and Orders made under the authority of an Act of Tynwald (or under a UK Act that applies in the Island, and which has been modified to give power for Regulations or Orders to be made by the relevant Department). Some EU legislation is applied to the Isle of Man by means of Orders made under the European Union and Trade Act 2019, an Act of Tynwald.
• UK secondary legislation that applies to the Island. If a provision of an Act of Parliament that gives power to a UK Secretary of State to make Regulations or Orders applies in the Island, any Regulations or Orders made under that provision will apply (unless expressed only to apply to the UK or part of it). In these circumstances the UK often makes separate secondary legislation, known as Orders in Council, for the Isle of Man. It is, however, more common for the Act, as it applies in the Island, to have been modified so that the power to make secondary legislation is given to an Isle of Man Government Department rather than the Secretary of State. Where an Act of Tynwald so enables, UK secondary legislation may be applied to the island by an Application Order made by a Department and modified to suit the Island’s circumstances.

Secondary legislation derives its authority from the power or powers under which it is made. When making secondary legislation, it is important that the relevant authority does not exceed the scope of the powers it has been granted or it will be deemed to be liable to be struck down by the Courts as ultra vires. For example, if an Act gives a power for a Department to make Regulations for the management of beaches and the Regulations contain restrictions on certain activities that are expressed to apply to ‘any beach, park or other amenity area’, then they would be ultra vires insofar as they purported to apply to places other than a beach, park or other amenity area.

The use of enabling powers and secondary legislation reduces the need to amend primary legislation, a more time-consuming process than changing secondary legislation.

Structure of a Statutory Document (SD)

Since 1993, the majority of secondary legislation has taken the form of Statutory Documents (SD). Prior to 1993, all items of secondary legislation were labelled as Government Circulars (GC). GCs are still in use today for a limited number of documents, most commonly for certain licences, directions and notices.

Statutory Documents have a standard format. Like Acts, they bear the Isle of Man Coat of Arms on the top of the first page but they also have an SD number on the top left. SD numbers run sequentially for each calendar year. Immediately below the Coat of Arms is the title of the Act under which the SD is made and below that, the title of the SD itself. There then appears the date on which it was approved by or laid before Tynwald and the date on which it comes into operation. There then follows the enacting provision which sets out who is making the SD and the power(s) under which it is made. If there is a statutory requirement to consult any other person before it is made, this will be recited here. If public expenditure is involved, there will need to be Treasury concurrence. At the end of an SD is an Explanatory Note, which explains its legal effect.

Rules as to the ordering and numbering of provisions are very much the same as for Acts. There is some difference in terminology between the various types when it comes to the name of the various divisions and sub-divisions which are as follows:

Order	Regulations	Rules	Byelaws
article	regulation	rule	byelaw
paragraph	paragraph	paragraph	paragraph
subparagraph	subparagraph	subparagraph	subparagraph

Copies of secondary legislation, as made, from 1919 to date are available on the Tynwald website. Original hard copies of secondary legislation can be found in the Public Record Office.

Making Secondary Legislation

Having decided whether the provisions in an Act of Tynwald give it sufficient powers, a Department then decides by what means (which may be set out in the Act) it will implement those powers. A consultation exercise, with or without a draft copy of the proposals, may be carried out with one or more of the following: other Departments, the Council of Ministers, HM Attorney General’s Chambers, or members of the public. Comments resulting from the consultation process may lead to further drafts and changes before the next stage.

Once the final wording of a draft item of secondary legislation has been agreed, the relevant authority – usually the Minister of the Department or Chair of the Statutory Board – will officially make the legislation by signing it.

Once an item of secondary legislation has been made, the relevant authority must ensure that the document follows the correct Tynwald procedure, as stipulated within the enabling power. In the absence of an explicit provision within the enabling power for the Tynwald procedure, the document will be subject to the default procedure of laying only.[1]

There are four different Tynwald procedures in respect of secondary legislation and the procedure may also have an impact on when documents may come into force:

• Approval required[2] - the document cannot come into operation without receiving Tynwald approval.
• Affirmative[3] - the document may commence prior to receiving Tynwald approval. However, it must be laid before Tynwald as soon as practicable after it has been made. If Tynwald at the sitting at which the document is laid or at the next subsequent sitting fails to approve it, it will cease to have effect.
• Negative[4] - the document may commence prior to being laid before Tynwald; however, it must be so laid as soon as practicable after it has been made. If Tynwald at the sitting at which the document is laid or at the next subsequent sitting resolves that it is to be annulled, it will cease to have effect. A Member would need to place a motion on the Order Paper to move for annulment.
• Laying only[5] - the document must be laid before Tynwald as soon as practicable after it has been made.
• No procedure - some documents may be granted an exemption from any form of Tynwald procedure, including the default laying only provision. For example, road traffic Orders made under certain sections of the Road Traffic Regulation Act 1985 are not required to be submitted to Tynwald.[6]

In order to complete these Tynwald procedures, the relevant authority must submit documents and motions (where applicable) to the Office of the Clerk of Tynwald for inclusion on an Order Paper. Exemptions from the full registration period exist for statutory documents subject to the affirmative, negative and laying only procedure.

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[1] Legislation Act 2015, s.36

[2] Legislation Act 2015, s.30

[3] Legislation Act 2015, s.31

[4] Legislation Act 2015, s.32

[5] Legislation Act 2015, s.34

[6] Secondary Legislation (Exemption from Laying) Order 2018 (SD 2018/0158).