SCHEDULES

SCHEDULE 5 The Immigration Services Commissioner

Part I Regulatory Functions

Investigation of complaints

I15

1

The Commissioner must establish a scheme (“the complaints scheme”) for the investigation by him of relevant complaints made to him in accordance with the provisions of the scheme.

2

Before establishing the scheme or altering it, the Commissioner must consult—

a

each of the designated professional bodies; and

b

such other persons appearing to him to represent the views of persons engaged in the provision of immigration advice or immigration services as he considers appropriate.

3

A complaint is a relevant complaint if it relates to—

C2F7za

the competence or fitness to provide immigration advice or immigration services of a person who, at the time to which the complaint relates, was a registered person,

a

the competence or fitness of F9any other person to provide immigration advice or immigration services,

C3F8aa

the competence or fitness of a person who, at the time to which the complaint relates, was acting on behalf of a registered person,

b

the competence or fitness of F6any other personF1acting on behalf of a person providing immigration advice or immigration services,

c

an alleged breach of the Code,

C1d

an alleged breach of one or more of the Commissioner’s rules by F10a person who, at the time to which the complaint relates, was a registered person or a person acting on behalf of a registered person , or

F2e

an alleged breach of a rule of a relevant regulatory body,

F5but not if the complaint is excluded by sub-paragraph (3A).

F43A

A complaint is excluded if—

a

it relates to a person who is excluded from the application of subsection (1) of section 84 by subsection (6) of that section, or

b

it relates to a person within section 84(2)(ba).

4

The Commissioner may, on his own initiative, investigate any matter which he would have power to investigate on a complaint made under the complaints scheme.

5

In investigating any such matter on his own initiative, the Commissioner must proceed as if his investigation were being conducted in response to a complaint made under the scheme.

I26

1

The complaints scheme must provide for a person who is the subject of an investigation under the scheme to be given a reasonable opportunity to make representations to the Commissioner.

2

Any person who is the subject of an investigation under the scheme must—

a

take such steps as are reasonably required to assist the Commissioner in his investigation; and

b

comply with any reasonable requirement imposed on him by the Commissioner.

3

If a person fails to comply with sub-paragraph (2)(a) or with a requirement imposed under sub-paragraph (2)(b) the Commissioner may—

a

in the case of a registered person, cancel his registration;

F11b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3c

in any other case, refer the matter to any relevant regulatory body.