Bermuda Immigration and ProtectionAmendment (No. 2) Act 2010
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BERMUDA
BERMUDA IMMIGRATION AND PROTECTION
AMENDMENT (NO. 2) ACT 2010
2010 : 40
TABLE OF CONTENTS
Citation
Amendments to Bermuda Immigration and Protection Act 1956
Amends section 72
Amends section 82
Amends section 89
Amends section 92
Amends section 92A
Amends section 98
Amends section 102C
Amends section 102D
Consequential Amendments
Amends Bermuda Immigration and Protection Amendment Act 2007
Amends Hotels Concession Act 2000
Commencement
Commencement
WHEREAS it is expedient to promote the development of the tourism industry in
Bermuda by enabling Bermuda companies to acquire leasehold interests in residential
units forming part of a hotel development, by creating a new class of hotel accommodation
that may be occupied or rented by individuals or companies on a long-term basis, by
allowing the Minister to issue licences for the immediate disposition of hotel residential
units;
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BERMUDA IMMIGRATION AND PROTECTIONAMENDMENT (NO. 2) ACT 2010
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, by the authority of the same,
as follows:
Citation
This Act may be cited as the Bermuda Immigration and Protection Amendment (No.
2) Act 2010.
Amendments to Bermuda Immigration and Protection Act 1956
Amends section 72
Section 72 of the Bermuda Immigration and Protection Act 1956 (“the principal
Act”) is amended—
by repealing the definition of “hotel residence” and replacing it with the
following—
“ “hotel residence” means a condominium unit or a residential unit at a
hotel that—
is on the grounds or premises of a hotel, as defined in section 1 of
the Hotels (Licensing and Control) Act 1969;
has an individual land valuation assessment number; and
is designated as an eligible hotel residence by regulations made
under section 102D(1)(ba);”;
(a)
(b)
(c)
in the definition of “tourist accommodation” by—
deleting the words “classified as tourist accommodation under the
regulations” and substituting the words “designated as eligible tourist
accommodation by regulations made under section 102D(1)(ba)”;
repealing paragraph (d) and substituting the following—
condominium unit or a residential unit that—
is on the grounds or premises of a hotel, as defined in section
1 of the Hotels (Licensing and Control) Act 1969; and
has an individual land valuation assessment number;”; and
“(d)
(i)
(ii)
adding in alphabetical order, the following definition—
“ “exempted company” has the meaning given in section 127 of the
Companies Act 1981;”.
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(a)
(b)
(i)
(ii)
(c)
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BERMUDA IMMIGRATION AND PROTECTIONAMENDMENT (NO. 2) ACT 2010
Amends section 82
Section 82 is amended in subsection (1) by inserting immediately after paragraph
(b) the following—
is an individual who leases a licensed hotel residence for a term
not exceeding 10 years or, with the permission of the Minister, for
a term greater than 10 years;”.
“(ba)
Amends section 89
Section 89(3) of the principal Act is amended—
in paragraph (b) by inserting immediately after the word “designated” the
words “as a condominium unit”; and
in paragraph (c) by deleting the words “directly from the developer of the
hotel where the accommodation is located, if the interest has not previously
been transferred to any other person” and substituting the words “or a
hotel residence”.
Amends section 92
Section 92 of the principal Act is amended in subsection (1) by inserting after the
words “condominium unit” where they first appear, the words “(other than tourist
accommodation or a hotel residence)”.
Amends section 92A
Section 92A of the principal Act is renumbered as subsection 92A(1) and is
amended by—
inserting in the section heading, after the word “accommodation”, the
words “or a hotel residence”;
inserting in the introductory words before paragraph (a), before the word
“only”, the words “or a hotel residence”;
deleting in paragraph (a) the words “who is an individual” and substituting
“that is an individual or an exempted company”;
inserting in paragraph (b) after the words “tourist accommodation” where
they first appear the words “or hotel residence” and by deleting the words
“tourist accommodation” where they next appear; and
inserting immediately after paragraph (b) the following—
The Minister may not approve an application by an exempted company
to hold or acquire an interest in more than four properties that constitute tourist
accommodation or hotel residences.”.
“(2)
Amends section 98
Section 98 of the principal Act is amended—
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(a)
(b)
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(a)
(b)
(c)
(d)
(e)
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BERMUDA IMMIGRATION AND PROTECTIONAMENDMENT (NO. 2) ACT 2010
in subsection (1) by deleting the words “The following” and substituting
“Subject to subsection (1A), the following”;
by inserting immediately after subsection (1) the following—
The condition in subsection (1)(e) does not apply to a licence issued to
permit an exempted company to acquire or hold tourist accommodation or a hotel
residence.”.
“(1A)
Amends section 102C
Section 102C(1) of the principal Act is amended in paragraph (ba)—
by inserting before the words “, including” the words “and hotel
residences”;
in subparagraph (i) by deleting the words “the tourist accommodation is”
and substituting the words “they are”;
in subparagraph (ii) by deleting the words “tourist accommodation” and
substituting the word “them”;
in subparagraph (iii) by deleting the words “in tourist accommodation”;
in subparagraph (iv) by deleting the words “, tourist accommodation” and
substituting the word “them”; and
in subparagraph (v) by—
inserting, before the words “hotel residence”, the words “tourist
accommodation or a”;
deleting, before the word “managed”, the word “and” and substituting
“to be”.
Amends section 102D
Section 102D(1) of the principal Act is amended—
in paragraph (ba) by—
deleting before the word “tourist” the word “and” and replacing it with
a comma;
inserting after the word “accommodation” the words “and hotel
residences”;
deleting the words “or suites” and substituting “, suites or residences”;
and
inserting after the words “acquired by” the words “exempted companies
or”; and
in paragraph (c) by inserting immediately after the words “(i)” the words
“exempted companies,”.
(a)
(b)
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(a)
(b)
(c)
(d)
(e)
(f)
(i)
(ii)
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(a)
(a)
(b)
(c)
(d)
(b)
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BERMUDA IMMIGRATION AND PROTECTIONAMENDMENT (NO. 2) ACT 2010
Consequential Amendments
Amends Bermuda Immigration and Protection Amendment Act 2007
Section 17 of the Bermuda Immigration and Protection Amendment Act 2007
(Applications made before the transition day or the expiry of the deferral period) is amended
in subsection (2)(e) by deleting the words after the word “accomodation” and substituting
the words “or a hotel residence”.
Amends Hotels Concession Act 2000
Section 4(3) of the Hotels Concession Act 2000 is amended in paragraph (f) by
deleting the words “the first disposition of each residential unit” and substituting the words
“tourist accommodation or a hotel residence that is placed in the hotel inventory”.
Commencement
Commencement
The provisions of this Act shall come into operation on a day or days appointed by
the Minister by notice in the Gazette.
[Assent Date: 26 July 2010]
[Operative Date: 27 August 2010]
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