Manx Law - Statute

Statute

In addition to precedent, the laws of the Island develop through statute from two main sources: Acts of Tynwald (known as insular legislation) and Acts of the Imperial Parliament in Westminster.

The ability of the English Parliament to legislate directly for the Isle of Man has a long history, and significantly pre-dates the 1765 revestment of the Island to the British Crown. One such example of English legislation applied to Man was the Bishoprics of Chester and Man Act 1541, which attached the Diocese of Sodor and Man to the Province of York. The judgement in the Derby Dower Case (1523) clarified the extension of English statutes to the Isle of Man, stating that a reference to the Island was required: "no general Act of Parliament extended to the island, but that by special name an Act might extend to it".

The apparent requirement for an explicit reference to the Isle of Man within an Act of Parliament was rejected by the Staff of Government Division in Attorney-General v Harris & Mylrea (1894) wherein they ruled that the clear intention of Parliament to extend an Act to the Island was sufficient.

Therefore, English (and, later, UK) legislation does not by default extend to the Isle of Man. In most cases it will be specifically applied to the Island (today done by the use of an Order in Council), and this is customarily done with the consent and approval of Tynwald. It has been held by the Judicial Committee of the Privy Council (on August 5, 1663 in William Christian's case) that Acts of Parliament can also automatically apply to the Isle of Man by 'necessary implication'.

Today, Acts of Parliament are adopted by the Isle of Man to avoid unnecessary duplication, or where a consistent approach is essential because of an international aspect to the issue (the UK has a responsibility for the external affairs of the Island).