Bermuda Immigration and Protection Amendment Act 2007
BERMUDA IMMIGRATION AND PROTECTION AMENDMENT
ACT 2007


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BERMUDA

2007 : 16

BERMUDA IMMIGRATION AND PROTECTION AMENDMENT
ACT 2007


Date of Assent: 25 May 2007

Operative Date: 22 June 2007


ARRANGEMENT OF SECTIONS

1 Short title
2 Commencement

PART I
AMENDMENTS TO PRINCIPAL ACT

3 Section 4 repealed and
replaced

4 Section 9 amended
5 Part VI repealed and replaced
6 Section 125 amended
7 Section 126 amended
8 Section 136 amended
9 Section 137 repealed
10 Sections 139 and 140

amended
11 Section 141 amended
12 Section 142 amended

PART II
TRANSITIONAL PROVISIONS

13 Definitions for transitional
provisions

14 Deferral of requirement to
obtain a licence in respect of
land held on the transition day

15 Persons entitled to a licence for
land held on the transition day

16 Application respecting land
subject to court proceedings

17 Applications made before the
transition day or the expiry of
the deferral period

18 Validation of licences issued
under the former Part

19 Registrations and register
20 Reports from banks and

deposit companies
21 Restriction on institution of

prosecutions

PART III
CONSEQUENTIAL AMENDMENTS

22 Consequential amendments

SCHEDULE

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WHEREAS land in Bermuda is regarded by Bermudians as a
sacred trust for their use and enjoyment;

WHEREAS the ownership of land in Bermuda was made subject
to acreage limits by the Alien Act 1907 and the holding and acquisition of
land in Bermuda by non-Bermudians has been subject to licensing since
then;

AND WHEREAS it is necessary, for the achievement of the
historical purpose behind these limits, to strengthen their enforcement
and to prevent circumvention of the licensing system through the use of
trusts or schemes;

Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:

Short title
1 This Act, which amends the Bermuda Immigration and
Protection Act 1956 (the "principal Act"), may be cited as the Bermuda
Immigration and Protection Amendment Act 2007.

Commencement
2 This Act, or any provision of this Act, comes into operation on
such day or days as the Minister may appoint by notice published in the
Gazette.

PART I
AMENDMENTS TO PRINCIPAL ACT

Section 4 repealed and replaced
3 Section 4 of the principal Act is repealed and replaced by the
following —

“Construction of references to "Bermudian status"
4 Any reference in this Act to the acquisition, possession or
enjoyment of Bermudian status shall be construed as a reference
to the acquisition, possession or enjoyment of such status by
virtue of section 16 of this Act or section 6 of the Bermudian
Status by Birth or Grant Register Act 1992.”.

Section 9 amended
4 (1) Sections 9(2) and (2A) of the principal Act are repealed.

(2) Section 9(3) of the principal Act is amended —

(a) by repealing paragraphs (a) to (c);

(b) by renumbering paragraphs (d) to (f) as paragraphs (a) to
(c); and

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(c) by replacing the full stop at the end of paragraph (f),
renumbered as paragraph (c), with a semi-colon followed
by the word “or” and adding next after that paragraph
the following —

“(d) the Convention between the United Kingdom and the
United States of America relative to the disposal of
real and personal property, signed at Washington on
March 2, 1899.”.

Part VI repealed and replaced
5 Part VI of the principal Act is repealed and replaced by the
following —

“PART VI
PROTECTING LAND IN BERMUDA FOR BERMUDIANS

Interpretation

Definitions
72 (1) In this Part, unless the context otherwise requires —

“annual rental value” has the meaning given that term in
section 1 of the Land Valuation and Tax Act 1967;

“benefit” means any benefit whatsoever, including an
indirect benefit, an eventual benefit and a potential
benefit;

“condominium” means an agreement for the sharing of
land whereby the land is divided into individual parts
and common parts so that —

(a) the individual parts are capable of being enjoyed
separately; and

(b) persons having rights in individual parts can
enjoy the common parts in common with other
persons having rights in other individual parts;

“condominium unit” means one of a number of
residential valuation units capable of being privately
held or acquired within one or more of the individual
parts of a condominium development;

“deferral certificate” means a certificate issued under
section 86;

“financial assistance” means—

(a) all payments, loans, transfers of property and
gifts made to a trustee or other person, group of
persons or entity;

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(b) all payments, loans, transfers of property, gifts
and guarantees made to a third person
(including a trustee or other person, group of
persons or entity) on behalf of, or for the benefit
of, a person or group of persons; or

(c) any other direct or indirect provision of value to
or for the benefit of another person, group of
persons or entity;

"land" includes land covered by water and any building
erected on land and any estate, interest, right or
easement in, over or under any land or building;

"land trust” means a trust of land in Bermuda, within
the meaning of subsection (2);

"licence" means a document signed, dated and issued by
the Minister under section 96;

“licensed bank or deposit company” means an
institution, as defined in the Banks and Deposit
Companies Act 1999, that is licensed under that Act
as a bank or deposit company;

“residential valuation unit” means a valuation unit, as
defined in the Land Valuation and Tax Act 1967, that
is in the valuation list in force under that Act and is
taxed as a residential unit;

"restricted person" means —

(a) in the case of an individual, a person who does
not possess Bermudian status;

(b) in the case of a corporation, an exempted
company as defined in the Companies Act 1981
or a corporation incorporated outside Bermuda;

(c) in the case of a partnership—

(i) an overseas partnership, within the meaning
of the Overseas Partnerships Act 1995;

(ii) an exempted partnership, within the
meaning of the Exempted Partnerships Act
1992; or

(iii) any other partnership if one or more of the
partners is a person described in paragraph
(a), (b) or (d) or a partnership described in
subparagraph (i) or (ii); or

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(d) in any other case, any entity or group of persons
comprised of, or owned or controlled by, persons
who are restricted persons under paragraph (a), (b)
or (c);

“scheme” includes —

(a) any agreement, arrangement, understanding,
promise or undertaking, whether express or
implied, whether or not in writing and whether
or not enforceable by legal proceedings; and

(b) any plan, proposal, action, course of action or
course of conduct; and

“trustee” includes any person who owns land in
Bermuda, against whom another person (in this Act a
beneficiary) or a person directly or indirectly deriving
rights from a beneficiary may enforce rights at law or
in equity, however they arise, such that the person in
ownership is not able to dispose of the land and use
the proceeds of disposition as a beneficial owner
absolutely entitled to unencumbered property.

(2) A land trust exists where land in Bermuda is held
directly or indirectly by a trustee and, for greater certainty, every
reference to a trust in this Part shall be read as a reference to a
land trust.

General

Purpose of Part VI
73 The purpose of this Part is to protect land in Bermuda for
ownership by individuals who possess Bermudian status by —

(a) requiring restricted persons to have licences to hold or
acquire land in Bermuda and preventing them from
appropriating it;

(b) requiring trustees to have licences to hold or acquire
land in Bermuda for the benefit of restricted persons and
preventing them from appropriating it; and

(c) preventing corporations from acquiring or holding land
in Bermuda, unless they do so in accordance with this
Part.

Non-application of this Part
74 This Part does not apply to the following transactions,
unless the transaction is part of a scheme whereby a restricted
person obtains a benefit contrary to the purpose of this Part —

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(a) holding or acquiring an easement in, over or under any
land; and

(b) a reconveyance or release of land upon satisfaction of a
mortgage or other charge on the land.

Prohibitions on Holding, Acquiring or Appropriating Land

Prohibition on corporate land-holding or acquisition
75 (1) No corporation shall hold or acquire land in Bermuda
without obtaining Ministerial consent, where required to do so
under the Companies Act 1981 or any other Act.

(2) For greater certainty, Ministerial consent under the
Companies Act 1981 or another Act to the holding or acquisition
of land by a corporation does not exempt the corporation from
complying with the provisions of this Part, the Regulations or
any licence issued to it.

Restricted person holding or acquiring land without a
licence
76 No restricted person shall hold or acquire land in Bermuda
with the intention of occupying it, or of using or developing the
land for profit at any time whether for his own benefit or for the
benefit of another person, unless the restricted person has a
licence or a deferral certificate.

Trustee holding or acquiring land without a licence
77 No trustee shall hold or acquire land in Bermuda in trust
for a person that the trustee knows or has reasonable grounds to
suspect is a restricted person, unless the trustee has a licence or
a deferral certificate.

Appropriating land
78 (1) No restricted person shall appropriate land in Bermuda
with the intention of occupying it, or of using or developing the
land for profit at any time whether for his own benefit or for the
benefit of another person.

(2) No trustee shall appropriate land in Bermuda for the
benefit of a restricted person.

(2A) No trustee shall appropriate land in Bermuda for a
beneficiary who possesses Bermudian status, at the direction of
a restricted person, unless —

(a) the restricted person receives no benefit from the
appropriation; or

(b) the beneficiary is the child or grandchild of the
restricted person and the trustee obtains the

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Minister’s approval in writing before appropriating the
land.

(3) For the purposes of this section, a person appropriates
land by assuming at any time any of the rights of an owner of the
land, whether at law or in equity.

(4) A restricted person is deemed to have the intention
referred to in subsection (1) in the following circumstances —

(a) the restricted person provides or procures or
arranges for another person to receive financial
assistance for the acquisition of the land, whether or
not pursuant to any scheme; or

(b) the land is held by a person who, by virtue of a
scheme made for the benefit of the restricted person,
would be regarded by a reasonable person in
possession of all the facts as a person acting for the
benefit of the restricted person and not as an
absolute owner beneficially entitled to the land.

(5) Subsection (1) does not apply in the case of a restricted
person who provides financial assistance to his child or
grandchild for the acquisition of the land, if the restricted person
obtained the Minister’s approval in writing before providing the
assistance.

(6) This section does not apply to a restricted person or a
trustee who holds a deferral certificate or a licence in respect of
the land.

(7) In this section “child” includes step-child and adopted
child.

Other participants
79 (1) No person shall be knowingly concerned in the holding,
acquisition or appropriation of land by a restricted person or a
trustee contrary to section 76, 77 or 78.

(2) For the purposes of subsection (1), a person is concerned
in holding, acquiring or appropriating land if the person does
anything to facilitate it or to bring it about, including providing
advice in regard to the manner in which the land may be held,
acquired or appropriated contrary to the purpose of this Part,
conveying the land or holding the land as an agent or nominee or
otherwise for the benefit of the restricted person.

Taking a mortgage or charge on land
80 (1) No restricted person or trustee of a trust which is
holding or acquiring land for the benefit of a restricted person,
and no agent or nominee of a restricted person or of such a

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trustee shall, without the prior approval of the Minister, accept
or take, directly or indirectly, any mortgage or charge on land in
Bermuda, whether legal or equitable.

(2) This section does not apply to a licensed bank or deposit
company or to a non-resident insurance undertaking, as defined
in section 1 of the Non-Resident Insurance Undertakings Act
1967.

Scheme to defeat purpose of this Part
81 (1) No person shall participate in a scheme that the person
knows or has reasonable grounds to suspect will enable a
restricted person or a trustee, directly or indirectly —

(a) to hold or acquire land in Bermuda contrary to the
purpose of this Part; or

(b) to appropriate land in Bermuda contrary to section
78.

(2) In determining whether there was a scheme referred to
in subsection (1), the court shall have regard to —

(a) the manner in which the scheme was entered into or
carried out;

(b) the form and substance of the scheme, including any
powers or rights of a restricted person in regard to it;

(c) the result, in relation to the operation of this Part,
that would be achieved by the scheme; and

(d) the benefit that has accrued, will accrue or may
reasonably be expected to accrue to the restricted
person or to the trustee of a trust that is holding or
acquiring land for the benefit of a restricted person.

No offence under sections 76, 77 and 78
82 (1) Subject to subsection (2), no person contravenes section
76, 77 or 78 by reason only that the person —

(a) holds or acquires land as a mortgagee or holds or
acquires a charge on land, if the person has obtained
the approval of the Minister under section 80;

(b) is a bona fide temporary occupant or a bona fide
tenant who leases land for a term that does not
exceed five years, where there is no scheme or option
whereby he may extend the term beyond a total of
five years;

(c) leases land under any of the following —

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(i) the Companies Act 1981, section 129(1)(a)(i) or
(ii) or 143(a)(i) or (ii);

(ii) the Exempted Partnerships Act 1992, section
19(1)(a);

(iii) the Overseas Partnerships Act 1995, section
11(1)(a);

(iv) the Industrial Development Act 1968, section 6;
or

(v) an order made under section 4 of the Hotels
Concession Act 2000; or

(d) is a corporation that is not a restricted person that
holds or acquires land for the benefit of its
shareholders.

(2) Subsection (1) does not apply to —

(a) a person who holds or acquires land by a judgment of
foreclosure or as a mortgagee in possession; or

(b) a transaction that is part of a scheme referred to in
section 81(1).

Consent of the Director of Public Prosecutions
83 No criminal proceedings shall be instituted in respect of an
offence under sections 75(1) or 76 to 81 without the written
consent of the Director of Public Prosecutions.

Licences

Applications for licences
84 (1) A restricted person or a trustee to whom section 76 or
77 applies who intends to hold or acquire land in Bermuda shall
apply to the Minister for a licence.

(2) The application shall be accompanied by —

(a) the application fee prescribed in the Government
Fees Regulations 1976;

(b) the prescribed information, documents and
attestations; and

(c) such other information or documents as the Minister
may require for the purpose of considering the
application.

(3) This section does not apply to a restricted person or a
trustee who holds, acquires or leases land as described in
section 82(1).

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Licensing requirements deferred
85 (1) The requirement to obtain a licence under this Part is
deferred for a period of three years in the following cases —

(a) where a restricted person acquires land by devise or
inheritance, the deferral commencing on the date
that the land was acquired;

(b) where a restricted person acquires the land by a
judgment of foreclosure or as a mortgagee in
possession, the deferral commencing on the date the
land was acquired;

(c) where a person who holds land subsequently
becomes a restricted person, or where a trustee holds
a land trust for a person who subsequently becomes
a restricted person, the deferral commencing on the
date that the person becomes a restricted person;

(d) where a person acquires land without knowledge that
he is a restricted person but later obtains such
knowledge (or might reasonably be expected to have
done so), the deferral commencing on the date that
the person first obtains such knowledge (or might
reasonably be expected to have done so);

(e) where a restricted person acquires land without
knowledge but later obtains knowledge that he has
acquired the land (or might reasonably be expected to
have done so), the deferral commencing on the date
that the person first obtains such knowledge (or
might reasonably be expected to have done so);

(f) where a trustee holds or acquires land in trust for a
beneficiary whom he does not know (and has no
reasonable grounds to suspect) is a restricted person
but who is a restricted person, the deferral
commencing on the date that the trustee first obtains
knowledge that the beneficiary is a restricted person
(or might reasonably be expected to have done so); or

(g) where a trustee holds, under licence, land acquired
by devise or inheritance in a land trust for a
restricted person who is a minor, the deferral
commencing on the date that the trustee’s licence
expires pursuant to section 94(2)(a).

(2) The requirement to obtain a licence under this Part is
deferred for a period of one year in the following cases —

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(a) where an estate representative acquires land and,
either he is a restricted person or a beneficiary of the
estate is a restricted person, the deferral commencing
on the date of death of the person whose estate he
represents;

(b) where the licence of a person who holds land under a
licence issued under this Part is revoked, the deferral
commencing on the date of revocation;

(c) where a partnership becomes a restricted person, the
deferral commencing on the date on which the
partnership becomes a restricted person; or

(d) where an entity or group of persons becomes a
restricted person under paragraph (d) of the
definition of “restricted person”, the deferral
commencing on the date on which the entity or group
becomes a restricted person.

(3) The Minister may, in writing, extend the deferral period
referred to in subsection (1) or (2) for one additional period not
longer than the original deferral period.

Deferral certificate
86 (1) Any person who believes that he is entitled to a deferral
under section 85 may apply to the Minister for a deferral
certificate, including in the application information concerning
his identity, a description of the land, the date of the acquisition
or holding of the land, and the reasons why he believes that he is
entitled to a deferral.

(2) The Minister shall issue a deferral certificate to every
person whom he determines is entitled to a deferral under
section 85.

(3) No person who has made an application under subsection
(1) shall be prosecuted for an offence under section 76 or 77
before the application has been determined by the Minister.

Notice of applications for licences
87 After receiving an application for a licence, the Minister
shall publish a notice in the Gazette, inviting persons to send to
him in writing, within 14 days of the day of publication of the
notice, any objections that they may have to the application.

Ministerial review of applications for licences
88 Subject to sections 89 to 95, the Minister may in his
discretion, after reviewing any objections made in response to a
notice published under section 87, approve or refuse to approve
an application for a licence.

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Territorial restrictions
89 (1) Subject to subsections (3) and (4), the Minister may
approve an application for a licence only if —

(a) the area of the land to which the application
relates and the area of all licensed land in
Bermuda total no more than 2000 acres; and

(b) the area of the land to which the application
relates and the area of all licensed land in the
parish where the land is located total no more
than 400 acres.

(2) For the purposes of subsection (1), the calculation of
the areas of land shall be determined in accordance with the
regulations.

(3) Subsection (1) does not apply in respect of land that is
licensed land at the time of the application or to the first
disposition of a condominium unit by the developer of a
condominium development, if the unit is designated by the
regulations.

(4) Subsection (1) does not apply to an application for a
licence made by —

(a) the spouse of the owner of the land described in
the application, if the owner possesses Bermudian
status or holds the land under a licence;

(aa) the owner of the land described in the
application, if the owner holds the land in trust
for his spouse;

(b) the child of a person who possesses Bermudian
status and who owns the land described in the
application;

(c) the parent of a person who possesses Bermudian
status and who owns the land described in the
application; or

(d) a person to whom the Minister could have granted
a licence under paragraph (a), (b) or (c) within the
three year period ending with the date of the
application.

(5) In this section, “licensed land” means land in respect
of which a licence has been issued under this Part and includes
land in respect of which an application for a licence has been
approved but for which no licence has yet been issued.

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Restriction on acquiring undeveloped land
90 The Minister may only approve an application for a licence
to hold or acquire undeveloped land if it is made by or in respect
of a restricted person who is an individual described in section
89(4)(a) to (d).

Restriction on acquiring residential valuation units
91 (1) The Minister may not approve an application for a
licence to hold or acquire a residential valuation unit if that unit
has an annual rental value that is less than the prescribed
minimum.

(2) Notwithstanding subsection (1), the Minister may
approve an application for a licence made by or in respect of a
restricted person to hold or acquire a residential valuation unit
that has an annual rental value below the prescribed minimum
applicable to that person only if the application is made by or in
respect of an individual described in section 89(4)(a) to (d).

(3) The Minister may only approve an application for a
licence to hold or acquire two or more residential valuation units
on the same lot if it is made by or in respect of a restricted
person who —

(a) is an individual described in section 89(4)(a) to (c),

(b) acquires the land by devise or inheritance from a
spouse who possessed Bermudian status, or

(c) jointly owns the land with a spouse, parent or
child who possesses Bermudian status,

(4) The Minister may only approve an application referred
to in subsection (3) that is made by, or in respect of, a restricted
person who does not meet the requirements in subsection (3)(a)
to (c) if —

(a) the restricted person is an individual;

(b) one of the units has an annual rental value above
the prescribed minimum; and

(c) the land is already licensed.

Restriction on acquiring condominium units
92 (1) The Minister may approve an application for a licence to
hold or acquire an interest or estate in a condominium unit by or
in respect of a restricted person only if—

(a) the restricted person is eligible to hold or acquire
the condominium unit under subsection (2); or

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(b) the restricted person is an individual and the
condominium unit is an eligible unit under
subsection (3).

(2) The following individuals are eligible to hold or acquire
the following condominium units —

(a) an individual described in section 89(4)(a) to (d)
may hold or acquire any condominium unit;

(b) an individual who is a permanent resident may
hold or acquire a condominium unit if it is in a
development that was developed privately without
sponsorship by the government; and

(c) an individual who has a residential certificate
issued pursuant to section 32 may hold or acquire
any condominium unit if its annual rental value is
greater than the prescribed minimum.

(3) A condominium unit is an eligible unit if —

(a) it is designated by the regulations; or

(b) it meets the following criteria —

(i) it is one of a number of units designated by
the regulations that is eligible to be held or
acquired by a restricted person; and

(ii) it has an annual rental value that is greater
than the prescribed minimum.

Restriction on acquiring subdivided land
93 The Minister may not approve an application for a licence
to hold or acquire a lot of land that was previously held under
licence if the land has been subdivided and transferred to an
individual who possesses Bermudian status pursuant to a
variation approved by the Minister that meets the conditions set
out in section 100.

Restriction on acquiring land by devise or inheritance
94 (1) The Minister may approve an application for a licence
to hold or acquire land acquired by devise or inheritance only if
the restricted person applying for the licence, or in respect of
whom the application is made, is an individual.

(2) Notwithstanding subsection (1), the Minister may
approve an application by a trustee for a licence to hold or
acquire land referred to in that subsection in a land trust of
which the restricted person is the beneficiary if —

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(a) the restricted person is a minor to whom the
Minister could have issued a licence, had he been
over the age of majority on the date of the
application, and the licence expires on his
reaching the age of majority, or such age, not
greater than 25 years, as the Minister determines;
or

(b) the restricted person is incapable of administering
the land due to an infirmity and is a person to
whom the Minister could have issued a licence at
the time of the application, but for the infirmity.

Land trust for infirm person
95 The Minister may approve an application by a trustee for a
licence to hold or acquire the land as bare trustee for a restricted
person who is incapable of administering the land due to an
infirmity, other than an application referred to in section 94(2),
only if —

(a) the land was held by the restricted person under
licence before the infirmity; and

(b) the licence issued to the trustee expires on the
restricted person regaining his capacity to administer
the land, or on his death, whichever occurs first.

Ministerial approval of applications
96 (1) If the Minister approves an application, he shall sign
and date the licence and notify the applicant of the approval and
the terms and conditions to which the licence is subject.

(2) The Minister shall not issue the licence to the
applicant until the applicant pays the prescribed land-holding
charge.

(3) The Minister’s approval of an application for a licence
shall lapse if the land-holding charge is not paid within six
months after the application was approved, or within such
additional period as the Minister may approve in writing.

Time limit for acquiring land
97 (1) A licence shall lapse if the land to which the licence
relates is not acquired on or before the day that is six months
after the application for the licence was approved.

(2) The Minister may, in writing, extend the time period
referred to in subsection (1) for one additional period of six
months.

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(3) A person who holds a licence that has lapsed under
this section or any other provision of this Part shall return the
licence to the Chief Immigration Officer.

(4) Nothing in subsection (1) bars the making of a new
application.

Licence conditions
98 (1) The following standard conditions apply to all licences
issued under this Part —

(a) the land may only be used for the purpose for
which it is held or acquired, as set out in the
application for the licence;

(b) the land may not be developed or altered so as to
add a unit that is capable of being assessed as a
residential valuation unit;

(c) the land may only be rented out or used for profit
in accordance with a permit issued by the
Minister;

(d) the land may not be subdivided and the
boundaries of the land may not be changed; and

(e) within 12 months of the date of the approval of
the application or such longer period not
exceeding three years as the Minister may allow,
all other land in Bermuda held on the date of the
issue of the licence by or for the benefit of the
restricted person, including land held by a trustee
in trust for that person’s benefit, shall be disposed
of to a third party.

(2) The Minister may impose such other conditions as he
thinks fit on a licence issued under this Part by noting them on
the licence.

Variance of licence conditions
99 (1) On application by a licensee, the Minister may vary
any condition of the licence, including a standard condition
referred to in section 98(1), by noting the variation on the
licence.

(2) If land is held under a licence but, as a result of any
change, a licence is no longer required, the licence lapses and
the conditions on the licence cease to have effect.

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Variation of licence condition – subdivision of land
100 Notwithstanding section 99(1), the Minister may not
approve an application to vary a condition on a licence that
restrains the licensee from subdividing the land unless —

(a) the land has more than one residential valuation unit
on it;

(b) the subdivision results in the restricted person
retaining at least one lot with a residential valuation
unit on it with an annual rental value that is above
the minimum prescribed for a restricted person,
other than a permanent resident; and

(c) each of the other lots created by the subdivision is
transferred to an individual who possesses
Bermudian status.

Revocation of licences
101 The Minister may revoke a licence if —

(a) the licensee contravenes a provision of this Part or
the regulations or a condition of the licence;

(b) the licensee submits false information or
documentation or makes a false declaration in an
application for the licence, or in a registration under
this Act; or

(c) the licensee is convicted of a criminal offence.

Registration of Land

Registration required
102 (1) Every person who holds or acquires land under a
licence shall, within three months after the later of the
acquisition of the land or the issue of the licence, deposit in the
Office of the Registrar-General for recording and registration —

(a) a copy of the licence;

(b) a memorandum in writing setting out the
description and area of the land and the person’s
estate or interest in it;

(c) a copy of the lot plan together with the grid
reference of the approximate centre of the lot,
using the Bermuda National Grid 2000; and

(d) copies of any other documents that are
prescribed.

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(2) If a person who does not require a licence acquires
land held under a licence, the person shall, within three months
after the date of acquisition, deposit in the Office of the
Registrar-General for registration and recording copies of any
prescribed documents evidencing the person’s interest or estate
in the land.

(3) If land is held under a licence but as a result of any
change a licence is no longer required, the person who holds the
land shall notify the Registrar-General in writing of the change,
within three months after it occurs.

(4) The Minister may, in writing, extend a time period
referred to in this section.

(5) A person required to register under this section shall
pay such fee as may be prescribed under the Government Fees
Regulations 1976.

Register to be kept
102A The Registrar-General shall maintain a register, by
parish, of land held or acquired under licence in such form, and
containing such particulars, as are prescribed.

Reports to Minister

Reports from banks and deposit companies and others
102B(1) A licensed bank or deposit company shall make a
written report to the Minister respecting any transaction in
which it participates, if the bank or company knows, or has
reasonable grounds to suspect, that a licence required under
this Part in relation to the transaction, or an aspect of the
transaction, has not been obtained.

(2) Any person who knows, or has reasonable grounds
to suspect, that a transaction or an aspect of a transaction in
which the person participates is part of a scheme referred to in
section 81(1) shall make a written report to the Minister.

(3) The report shall include a description of the land,
the names and addresses of the parties to the transaction or
scheme and the particulars of the knowledge, or the grounds for
the suspicion, referred to in subsection (1).

(4) Notwithstanding any duty of confidentiality,
fiduciary duty or duty arising under any law or contract, no civil
proceedings may be commenced against a bank, company or
person referred to in subsection (1) or (2) for giving information
to the Minister, even if the information is not required to be given
under that subsection and even if the Minister does not request
it, if —

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(a) the bank, company or person believes that the
information may relate to a transaction or scheme
described in that subsection; and

(b) the information is given in good faith.

Regulations

Regulations subject to the affirmative resolution procedure
102C (1) The Minister may make such regulations as are
necessary to give effect to this Part and its purpose, including
regulations—

(a) governing land-holding charges payable under
section 96(2), and in particular—

(i) providing for the charge to be a percentage
of the value of the land in respect of land
acquired by purchase;

(ii) providing for different charges in different
circumstances and different charges for
different classes of restricted persons; and

(iii) providing for a reduction, deferred payment
or refund of land-holding charges in
particular cases;

(b) respecting the designation, for the purposes of
sections 89(3) and 92(2) and (3), of condominium
units and the number of units that are eligible to
be held or acquired by restricted persons; and

(c) governing the renting out or use for profit of land
held under a licence or land in respect of which
the issue of a licence is deferred under section 85
and in particular —

(i) prohibiting or requiring a permit for such
renting or use of the land; and

(ii) requiring the payment of a charge,
including a charge based on the rent or
other proceeds from the land, different
charges in different circumstances,
different charges for different classes of
restricted persons, and charges for visitors
who rent accommodation on the land.

(2) The affirmative resolution procedure shall apply to
regulations made under subsection (1).

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Regulations subject to the negative resolution procedure
102D (1) The Minister may make regulations —

(a) prescribing the form and manner in which
applications for licences are to be made and the
information, documents and attestations that
must accompany them;

(b) prescribing rules for calculating areas of land for
the purposes of section 89;

(c) prescribing minimum annual rental values, in
particular those applicable to —

(i) restricted persons generally and restricted
persons who are permanent residents;

(ii) condominium units and other residential
valuation units; and

(iii) non-residential valuation units; and

(d) respecting registrations under section 102 and the
register maintained under section 102A, and in
particular—

(i) prescribing the form and manner of
registrations; and

(ii) prescribing information to be provided and
documents to be deposited in the Office of
the Registrar-General.

(2) The negative resolution procedure shall apply to
regulations made under subsection (1).

Production of Documents Relating to Land Trusts

Powers of the Chief Immigration Officer to order production
102E (1) Without prejudice to his powers under section 125, the
Chief Immigration Officer may require any person to produce for
inspection any document relating to a land trust that the person
may have in his possession or under his control, if the Chief
Immigration Officer considers such inspection necessary to
obtain any of the following information —

(a) the date that the trust was made;

(b) a description of the land held by the trustees and
their estate or interest in it;

(c) the names and addresses of the trustees, the
beneficiaries and all persons who have transferred
property to the trustees to be held upon the terms

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of the trust, and their dates of birth if they are
individuals;

(d) the particulars of any property transferred to the
trustees; and

(e) the particulars of any financial assistance
provided by a restricted person in any way in
connection with the land held by the trustee.

(2) If the land trust in relation to which a document is
required was not made in writing, the Chief Immigration Officer
may require the person referred to in subsection (1) to prepare a
memorandum setting out any information referred to in
subsection (1)(a) to (e) that the person knows or is reasonably
able to ascertain.

(3) The Chief Immigration Officer’s power to require the
production of a document for inspection under subsection (1) or
a memorandum under subsection (2) shall be construed as
including a power —

(a) to take copies of such document or memorandum,
and to retain them for a reasonable time for such
purpose;

(b) to require any information contained in a
computer system to be produced in a form in
which it is admissible under section 43B of the
Evidence Act 1905; and

(c) to require any supplementary information and
declarations to be provided, if needed in order to
have the evidence admitted under section 43B of
the Evidence Act 1905.

Confidentiality of information
102F (1) The Chief Immigration Officer shall keep the
information in any document or memorandum obtained under
section 102E confidential and shall not disclose it to any person
other than —

(a) a public officer or public authority for the purpose
of administering or enforcing this Act; or

(b) a person named in a court order, if the Chief
Immigration Officer is ordered to disclose the
information by a court.

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Penalties

Indictable offences
102G (1) Any person who contravenes section 76 or 77, 78(1),
(2) or (2A), 79(1), 80(1) or 81(1) commits an offence and is liable
on conviction on indictment to a maximum fine of $1,000,000 or
to imprisonment for five years, or to both.

(2) In addition to any penalty imposed under subsection (1),
the court may make an order of forfeiture under section 102M.

Summary conviction offences
102H (1) A person is liable on summary conviction to a fine of
$50,000 or imprisonment for 12 months, or to both if that
person —

(a) fails to register, or knowingly provides false
information or documents in a registration under
section 102;

(b) contravenes a condition of a licence issued to the
person under this Part;

(c) fails to return a licence that has lapsed to the
Chief Immigration Officer, as required by section
97(3); or

(d) fails to make a report as required under section
102B(1) or (2).

(2) A corporation that contravenes section 75(1) commits
an offence and is liable on summary conviction to a fine of
$50,000.

Failure to produce documents, etc.
102I (1) Any person who fails to produce a document or
memorandum required by the Chief Immigration Officer under
section 102E commits an offence and is liable on summary
conviction to a fine of $50,000 or imprisonment for 12 months,
or to both.

(2) Any person who —

(a) wilfully fails to produce a document or
memorandum required by the Chief Immigration
Officer under section 102E, or

(b) produces a document or memorandum referred to
in paragraph (a), knowing, or having reasonable
grounds to suspect, that information contained in
it is false,

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commits an offence and is liable on conviction on indictment to a
fine of $100,000 or imprisonment for two years, or to both.

Offence by corporation
102J Where a corporation commits an offence under this Part,
any director, officer, employee or other person acting on behalf of
or as a nominee of the corporation who consented to,
participated in, or acquiesced in the acts that constitute the
offence, or may reasonably be considered to have done so, is
deemed to have committed the offence and is liable —

(a) on conviction on indictment to the same penalty
as the corporation and to imprisonment for five
years or to both; or

(b) on summary conviction to the same penalty as the
corporation and to imprisonment for 12 months or
to both.

Restraint Orders and Forfeiture of Land

Restraint order
102K (1) The Director of Public Prosecutions may apply to the
Supreme Court for a restraint order in relation to land described
in the application where he has reason to believe that —

(a) an offence has been committed under section 76,
77 or 78(1), (2) or (2A); and

(b) in the event of a conviction for the offence, the
land is liable to forfeiture under section 102M.

(2) An application for a restraint order may be made ex
parte to a Judge in Chambers.

(3) The court, if satisfied that there is reason to believe that
the grounds for the application referred to in subsection (1)(a)
and (b) are met, may make a restraint order prohibiting any
person from dealing in the land.

(4) The court may specify in the order such other conditions
as it considers reasonable, including a requirement that the land
be maintained in the state that it is in on the date of the order.

Variation or discharge of restraint order
102L (1) Any person affected by a restraint order may apply to
the Supreme Court to have the order varied or discharged.

(2) The court shall discharge a restraint order on land if an
application for forfeiture of that land is not made within a
reasonable time after the order is issued.

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Forfeiture
102M (1) The Director of Public Prosecutions may, on
conviction of a person for an offence under section 76, 77 or
78(1), (2) or (2A), apply to the Supreme Court for forfeiture to the
Crown of the land in respect of or in relation to which the offence
was committed.

(2) The Director of Public Prosecutions shall send a
copy of the application for forfeiture to any person that he knows
holds an interest in, or security against, the land and cause a
notice of the application to be published in the Gazette.

(3) Subject to section 102N, the court may, if satisfied
that the land is land in respect of or in relation to which the
offence was committed, declare that any right, title or interest in
the land be forfeited to the Crown.

(4) The judgment declaring forfeiture operates to vest
in the Crown all the estate and interest in the land.

Third party claims
102N (1) The Supreme Court shall give a reasonable
opportunity to persons holding any interest in, or security
against, the land that is liable to forfeiture to object to the
declaration or to claim their interest in the land.

(2) In a judgment declaring forfeiture, the court shall
decide all claims referred to in subsection (1) but shall not
recognize any interest or security held by —

(a) any person who takes a mortgage or charge on
land without the approval of the Minister required
under section 80; or;

(b) any person who participates in a scheme referred
to in section 81(1).

Appointment and powers of receiver
102O (1) Where the Supreme Court declares forfeiture of the
land, it may appoint a receiver and empower the receiver, subject
to such conditions as the court may direct —

(a) to take possession of the land;

(b) to manage or otherwise deal with the land; or

(c) to sell the land.

(2) The court may order any person having possession
of the land or an interest in the land to give possession of it to
the receiver.

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(3) The receiver may cause the land to be sold by a
public authority by public auction or tender and the public
authority shall pay the proceeds of the sale into the Consolidated
Fund as part of the public revenue.

(4) The receiver shall not be liable to any person in
respect of any loss or damage resulting from an action taken by
the receiver in relation to the land if—

(a) the receiver has reasonable grounds for believing
that he is entitled to take such action; and

(b) the loss or damage was not caused by the
receiver’s negligence.”.

Section 125 amended
6 Section 125 of the principal Act is amended by repealing
subsection (3) and replacing it by the following —

“(3) Any power to require the production of a document for
inspection shall be construed as including a power —

(a) to take copies of such document, and to retain it for a
reasonable time for such purpose;

(b) to require any information contained in a computer
system to be produced in a form in which it is admissible
under section 43B of the Evidence Act 1905; and

(c) to require any supplementary information and
declarations to be provided, if needed in order to have
the evidence admitted under section 43B of the Evidence
Act 1905.”.

Section 126 amended
7 Section 126 of the principal Act is amended —

(a) in subsection (1) by repealing the introductory words
before paragraph (a) and replacing them by the following
—

“Power to enter premises
126 (1) Subject to this section, an immigration officer
in possession of a warrant granted by a magistrate or a
Justice of the Peace under subsection (2) shall be
entitled to enter any premises specified in the warrant, if
need be by force, for the purpose of —”; and

(b) by repealing subsection (2) and replacing it by the
following —

“ (2) A magistrate or a Justice of the Peace may issue
a search warrant on application by an immigration

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officer, and section 464(1), (1A), (2) and (6) to (8) of the
Criminal Code 1907 apply as if the immigration officer
were a police officer referred to in that section.”.

Section 136 amended
8 Section 136 of the principal Act is repealed and replaced by the
following —

“Prosecution of offences against Act
136 Offences against this Act, other than offences prosecuted on
indictment under Part VI, shall be prosecuted before a court of
summary jurisdiction.”.

Section 137 repealed
9 Section 137 of the principal Act is repealed.

Sections 139 and 140 amended
10 Sections 139 and 140 of the principal Act are repealed and
replaced by the following—

“Time within which prosecutions may be instituted
139 Notwithstanding anything in any other provision of law, a
prosecution for a summary conviction offence under this Act may
be instituted at any time within the period of 12 months next
succeeding the date on which the act or omission constituting
the offence first became known to the informant in the
proceedings.

Conduct of prosecutions
140 A prosecution for an offence against this Act, other than an
offence under Part VI, may be conducted before a court of
summary jurisdiction by an immigration officer duly authorized
by the Minister in that behalf.”.

Section 141 amended
11 Section 141 of the principal Act is amended by repealing
subsection (1) and replacing it by the following —

“Punishment for offences against Act
141 (1) A person who commits an offence against this Act, other
than an offence under Part VI, shall be liable to the
punishments set out in this section.”.

Section 142 amended
12 Section 142 of the principal Act is repealed and replaced by the
following —

“Offences by corporations
142 Where any corporation is guilty of an offence against this
Act, other than an offence against Part VI, and that offence is
proved to have been committed with the consent or connivance

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of or to be attributable to any neglect on the part of any director,
manager or secretary or other similar officer of the corporation or
any person who was purporting to act in any such capacity, he,
as well as the corporation, commits that offence and shall be
liable to be proceeded against and punished accordingly.”.

PART II
TRANSITIONAL PROVISIONS

Definitions for transitional provisions
13 In sections 14 to 21 —

“former Part” means Part VI of the Bermuda Immigration and
Protection Act 1956, as it read before being replaced by the
Bermuda Immigration and Protection Amendment Act 2007;

“new Part” means Part VI as enacted by the Bermuda Immigration
and Protection Amendment Act 2007;

“transitional period” means the period from the transition day (22
June 2007) until 31 December 2010;

“transition day” means the day that the new Part comes into
operation.

[Section 13 amended by 2010:47 s.2 effective 22 June 2010]

Deferral of requirement to obtain a licence in respect of land held on
the transition day
14 (1) The requirement to obtain a licence under the new Part in
respect of land held on the transition day is deferred during the
transitional period if—

(a) the land was acquired by, or conveyed to, the person
without a licence having been issued under the former
Part, without any sanction having been granted under
the Acquisition of Land by British Subjects (Restriction)
Act 1948, or the Alien Act 1926 or any Act replaced by
that Act; and

(b) the person was not a restricted person under the former
Part or an alien under any of those Acts at the time that
the land was acquired by or conveyed to the person.

(2) A Commonwealth citizen who acquired land held on the
transition day by devise or inheritance, by a judgment of foreclosure or
as a mortgagee in possession is entitled to a deferral under subsection
(1), notwithstanding that he was a restricted person under the former
Part.

(3) A person who holds land on the transition day that it would
be unlawful to hold under the former Part, but for section 81(2) or 82(2)

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of that Part, may continue to hold the land for the period authorized by
those subsections, subject to the requirements imposed therein, and the
requirement to obtain a licence under the new Part does not apply until
the expiry of that period.

[Section 14 subsection (1) amended by 2010:47 s.3 effective 22 June 2010]

Persons entitled to a licence for land held on the transition day
15 (1) The Minister shall issue a licence to a person who applies
for one during the transitional period, in respect of land acquired before
the transition day and held on the date of the application, if the Minister
is satisfied that the person is entitled to a deferral under section 14(1) or
(2).

(2) The Minister may issue a licence to any person referred to
in section 14(3) of this Act who applies for one during the period referred
to in that section.

(3) The Minister shall issue a licence to a corporation that
applies for one during the transitional period, in respect of land that the
corporation acquired for a specific purpose provided for under another
Act before the transition day and continues to hold exclusively for that
purpose on the date of the application, notwithstanding any non-
compliance by the corporation with any requirement under the former
Part.

(4) The Minister may refuse to issue a licence to a corporation
in the circumstances referred to in paragraph (3) in respect of the land
referred to in that paragraph if the purpose for which the land was
acquired is different in whole or in part from the purpose for which the
corporation holds the land on the date of the application or if the
members of the corporation have changed.

(5) The new Part, except sections 89 to 95 and section 98(1),
applies in respect of an application made under a licence issued under
this section.

(6) The application fee, the land-holding charges and the
registration fee that would otherwise apply under the new Part are
waived in respect of persons who apply for and are issued a licence
under this section.

[Section 15 subsections (1) and (3) amended by 2010:47 s.4 effective 22 June 2010]

Application respecting land subject to court proceedings
16 (1) The Minister may consider an application by a restricted
person to acquire land and may in his absolute discretion grant or refuse
to grant a licence in respect of the application if

(a) proceedings were brought in relation to the land,
challenging the validity of the Minister’s policy for

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issuing licences under the former Part before the
transition day; and

(b) the application is made during the transitional period.

(2) The new Part, except sections 89 to 95, applies in respect of
an application made under this section.

[Section 16 subsection (1)(b) amended by 2010:47 s.5 effective 22 June 2010]

Applications made before the transition day or the expiry of the
deferral period
17 (1) An application for a licence under the former Part that has
not been approved or refused before the transition day shall be continued
and dealt with in accordance with the new Part.

(2) No application for a licence under the new Part, other than
an application referred to in section 15 or 16 of this Act, shall be
approved by the Minister and no licence shall be issued in respect of
such an application until the expiry of five years after the transition day
unless —

(a) the Minister had approved the application before the
transition day;

(b) the land that is the subject of the application was
licensed at the time of the application;

(c) the application is made by a person described in section
89(4)(a) to (d) of the new Part;

(d) the application is to acquire directly from the developer
of a condominium development a condominium unit
that —

(i) has not previously been transferred to any other
person; and

(ii) was designated by the Minister before the
transition day or in regulations made under the
new Part after the transition day; or

(e) the application is to acquire an interest in tourist
accommodation or a hotel residence.

[Section 17 subsection (2) amended by 2010:1 s.9 effective 25 February 2010;
subsection (2)(e) amended by 2010 : 40 s.10 effective 27 August 2010]

Validation of licences issued under the former Part
18 (1) The following licences are deemed to be licences issued
under the new Part when validated by the Registrar-General, provided
that they are validated during the transitional period—

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(a) a licence issued under the former Part that was in effect
immediately before the transition day; and

(b) a licence granted under the Acquisition of Land by
British Subjects (Restriction) Act 1948, or any sanction
granted under the Alien Act 1926 or any Act replaced by
that Act, that had effect under section 102 of the former
Part, as if it were a licence under the former Part.

(2) The Registrar-General shall validate any licence referred to
in section (1) if a copy of the deed to the land and a copy of the licence,
together with any information concerning any changes made to the
information recorded on the licence since the date of issue, are deposited
in the Office of the Registrar-General.

(3) Section 98(1) of the new Part does not apply to a licence
referred to in subsection (1).

(4) A licence referred to in subsection (1) that is not validated
during the transitional period is deemed to be a licence under the new
Part, but the land held under that licence is not licensed land for the
purposes of section 17(2) of this Act or section 89 of the new Part.

[Section 18 subsections (1) and (4) amended by 2010:47 s. 6 effective 22 June 2010]

Registrations and register
19 (1) A registration under section 88 of the former Part is deemed
to be a registration under section 102 of the new Part when validated by
the Registrar-General, provided that it is validated during the transitional
period.

(2) The Registrar-General shall validate a registration referred
to in subsection (1) when the person who holds the land or the trustee of
the land trust, as the case may be, deposits in the Office of the Registrar-
General for registration and recording —

(a) a copy of the licence;

(b) copies of such other documents evidencing the person’s
interest or estate in the land as are prescribed; and

(c) information concerning any change to the information
provided at the time of the original registration.

(3) A registration under section 89 of the former Part by a
person who possesses Bermudian status and a registration under section
90 of the former Part by a person who acquires Bermudian status are
deemed to be registrations under section 102 of the new Part.

(4) Subject to the regulations, the Register maintained under
section 88 of the former Part shall be continued as the register
maintained under section 102A of the new Part.

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[Section 19 subsection (1) amended by 2010:47 s.7 effective 22 June 2010]

Reports from banks and deposit companies
20 Section 102B of the new Part does not apply with respect to a
transaction or scheme, as defined in section 72 of the new Part, that is
completed before the day on which this Act receives royal assent,
provided that no part or result of the transaction or scheme continues in
effect thereafter.

Restriction on institution of prosecutions
21 Criminal proceedings for an offence under sections 76, 77, 78(1),
(2) or (2A), 79(1), 80(1) or 81(1) of the new Part committed in respect of
land acquired, held or appropriated before the transition day shall not be
instituted during the transitional period, if the land in respect of which
the offence was committed is disposed of during that period.

[Section 21 amended by 2010:47 s. 8 effective 22 June 2010]

PART III
CONSEQUENTIAL AMENDMENTS

Consequential amendments
22 The Acts specified in column 1 of the Schedule are amended in
the manner specified in column 2 of the Schedule.



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SCHEDULE

COLUMN 1
ACT


COLUMN 2
AMENDMENT

Church of England in
Bermuda Act 1975 The Church of England in Bermuda Act 1975 is amended by repealing section 17.

Corporate Bodies
Lands Act (No. 2)
1936

The Corporate Bodies Lands Act (No. 2) 1936 is
amended —

(a) by repealing section 1 and replacing it
by the following—

“Body corporate acquiring land
must deposit documents in office of
Registrar-General
1 Every body corporate, whether
incorporated in Bermuda or
elsewhere, now holding or hereafter
acquiring any land in Bermuda in fee
simple absolute or subject to a quit
rent or rent charge or for a term
exceeding twenty-one years shall,
within three months after the land
has been acquired, deposit in the
office of the Registrar-General a
memorandum in writing setting forth
the description and area of such land,
and the estate or interest therein of
the body corporate, together with a
copy of the lot plan and the grid
reference of the approximate centre of
the lot, using the Bermuda National
Grid 2000:

Provided that nothing in the foregoing
provision of this section shall apply or
have effect in relation to a body
corporate that has deposited such
memorandum and documents under
section 102 (1) of the Bermuda
Immigration and Protection Act
1956.”; and

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(b) by repealing section 2 and replacing it with
the following —

“Body corporate disposing of land
must deposit documents in office of
Registrar-General
2 Every such body corporate which
sells or otherwise disposes of any land
in respect of which a memorandum or
document was deposited under
section 1 shall, within three months of
such sale or disposition, deposit in
the office of the Registrar-General a
memorandum in writing setting forth
the description and area of such land
and the estate or interest therein so
sold or disposed of together with a
copy of the lot plan and the grid
reference of the approximate centre of
the lot, using the Bermuda National
Grid 2000.”.

Development and
Planning Act 1974

Section 35A of the Development and
Planning Act 1974 is amended by repealing
paragraphs (a) to (e) and substituting the following:

“(a) any conveyance of a part of any
lot or block of land by way of a
deed or transfer,

(b) the granting, assigning or
exercising of a power of
appointment with respect to a part
of any lot or block of land,

(c) the mortgaging or charging of a
part of any lot or block of land,

(d) the entering into of an agreement
of sale and purchase of a part of
any lot or block of land, or

(e) the entering into any agreement
which has the effect of granting the
use of or right in a part of any lot
or block of land directly or by
entitlement to renewal for a period
of twenty-one years or more;”.

BERMUDA IMMIGRATION AND PROTECTION AMENDMENT
ACT 2007


34 1989 Revision



Hotels Concession
Act 2000 The Hotels Concession Act 2000 is amended in

section 4(3) by repealing paragraphs (f), (g) and (h)
and substituting the following paragraphs —

“(f) a reduction or deferral of the land-
holding charge payable under section
96(2) of the Bermuda Immigration and
Protection Act 1956 in respect of the first
disposition of each residential unit, if
authorized by the regulations made
under section 102C(1)(a) of that Act;

(g) full or partial relief from, or deferral of, a
charge required for the renting out or use
for profit of a hotel or tourist
accommodation held under a licence
issued under the Bermuda Immigration
and Protection Act 1956 for a period not
exceeding five years from the hotel's
opening date, if authorized by the
regulations made under section
102C(1)(c) of that Act;

(h) that the hotel developer may take a lease
of a hotel or residential unit for a period
not exceeding 131 years, with an option
to renew for a similar period.”.

Economic
Development Act
1968

The Economic Development Act 1968 is amended
by repealing section 6 and substituting the
following—

“Minister of Finance may approve lease of
land required for approved scheme
6 Any undertaking which is a corporation
may, with the prior written consent of the
Minister of Finance, hold or acquire any land
developed or to be developed in accordance
with an approved scheme by way of lease or
tenancy agreement for a term not exceeding
ninety-nine years.”.

BERMUDA IMMIGRATION AND PROTECTION AMENDMENT
ACT 2007


35



Police and Criminal
Evidence Act 2005

The Police and Criminal Evidence Act 2005 is
amended in Schedule 1 by adding the following
after item 19 of Part II thereof—

“Bermuda Immigration and Protection Act 1956

20. Section 76 or 77 (holding or
acquiring land without a licence).

21. Section 78(1), (2) or (2A)
(appropriating land).

22. Section 79(1) (other participants).

23. Section 80(1) (taking mortgage or
charge on land).

24. Section 81(1) (scheme to defeat the
purpose of Part VI).”.

Registrar-General
(Recording of
Documents) Act 1955

The Registrar-General (Recording of Documents)
Act 1955 is amended in section 7 by deleting the
word “and” after paragraph (c), substituting a semi-
colon for the full stop at the end of paragraph (d)
and adding the following after that paragraph —

“(e) for recording and registering licensed land
and licences issued under the Bermuda
Immigration and Protection Act 1956.”.





[Amended by:

2010 : 1

2010 : 40

2010 : 47]