Bermuda Immigration and Protection Amendment Act 2010
BERMUDA IMMIGRATION AND PROTECTION AMENDMENT
ACT 2010



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BERMUDA

2010 : 1

BERMUDA IMMIGRATION AND PROTECTION AMENDMENT

ACT 2010

[Assent Date: 25 February 2010]

[Operative Date: 25 February 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, 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”) and makes a related amendment

to the the Bermuda Immigration and Protection Amendment Act 2007,

may be cited as the Bermuda Immigration and Protection Amendment

Act 2010.

Amends section 20E

2 Section 20E(1) of the principal Act is amended by repealing

paragraph (c) and replacing it with the following—

“(c) he is the parent of one child who possesses Bermudian

status, or of more than one child, all of whom possess

Bermudian status.”.

Amends section 72

3 Section 72 of the principal Act is amended by inserting the

following definitions in alphabetical order—

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““hotel residence” means a condominium unit or a hotel

residential unit that has an individual land valuation

assessment number;

“tourist accommodation” means accommodation of one of the

following types that is located on the grounds or premises of a

hotel, as defined in section 1 of the Hotels (Licensing and

Control) Act 1969, and that is classified as tourist

accommodation under the regulations—

(a) a traditional hotel room or suite that does not have an

individual land valuation assessment number;

(b) a condo-hotel room or suite that does not have an

individual land valuation assessment number;

(c) a fractionally owned unit that does not have an

individual land valuation assessment number;

(d) a hotel residence;”.

Amends section 89

4 Section 89(3) of the principal Act is repealed and replaced by the

following—

“(3) Subsection (1) does not apply in respect of—

(a) land that is licensed land at the time of the

application;

(b) the first disposition of a condominium unit by the

developer of a condominium development, if the

unit is designated by the regulations; or

(c) the acquisition of an interest in tourist

accommodation directly from the developer of the

hotel where the accommodation is located, if the

interest has not previously been transferred to

any other person.”.

Inserts section 92A

5 The principal Act is amended by inserting immediately after

section 92 the following—

“Restriction on acquiring tourist accommodation

92A The Minister may approve an application for a licence to

hold or acquire an interest in tourist accommodation only if—

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(a) the application is made by or in respect of a restricted

person who is an individual; and

(b) the tourist accommodation to be held or acquired is

designated by the regulations as tourist accommodation

eligible to be held or acquired by restricted persons.”.

Amends section 102C

6 Section 102C(1) of the principal Act is amended by—

(a) repealing paragraph (b); and

(b) inserting before paragraph (c) the following—

“(ba) respecting tourist accommodation, including—

(i) the criteria for the hotel development

where the tourist accommodation is

located;

(ii) the persons who may acquire or hold

tourist accommodation;

(iii) interests in tourist accommodation that

may be conveyed and the requirements

for approval of conveyances;

(iv) the occupancy of, and use that may be

made of, tourist accommodation by any

person; and

(v) the entitlement of a person holding a

licence for a hotel residence that he has

placed on the hotel inventory and

managed by a property management

company to relief under Hotel

Concession Orders and private Acts;

and”.

Amends section 102D

7 Section 102D(1) of the principal Act is amended by inserting next

after paragraph (b) the following—

“(ba) respecting the designation for the purposes of

sections 89(3), 92 and 92A of condominium units and

tourist accommodation and the number of units,

rooms or suites that are eligible to be held or

acquired by restricted persons;”.

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Amends section 102H

8 Section 102H is amended in subsection (1)—

(a) by deleting the word “or” at the end of paragraph (c);

(b) by replacing the full stop at the end of paragraph (d)

with the words “; or”; and

(c) by inserting immediately after paragraph (d) the

following—

“(e) contravenes a regulation made under section 102C

or 102D.”.

Related Amendment

9 Section 17(2) 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 the introductory words before

paragraph (a) by deleting the word “three” and substituting the word

“five”.