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
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).
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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.