SCHEDULES

SCHEDULE 7Immigration advisers and immigration service providers

Complaints and investigations

I17

1

For section 89(2) (powers of Tribunal on hearing charge against registered person) substitute—

2

Subsections (2A) and (2B) apply if the person charged was, at the time to which the charge relates, a registered person or a person acting on behalf of a registered person.

2A

If the registered person mentioned in subsection (2) is still registered, the First-tier Tribunal may direct the Commissioner—

a

to record the charge and the First-tier Tribunal's decision on it for consideration in connection with that person's next application for continued registration;

b

to cancel that person's registration.

2B

If the registered person mentioned in subsection (2) is no longer registered, the First-tier Tribunal may direct the Commissioner to record the charge and the First-tier Tribunal's decision on it for consideration in connection with any application by that person for registration.

2

In paragraph 5(3) of Schedule 5 (complaints which may be investigated by Commissioner)—

a

before paragraph (a) insert—

za

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,

b

in paragraph (a) for “a person” substitute “ any other person ”;

c

after paragraph (a) insert—

aa

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

d

in paragraph (b) for the first “a person” substitute “ any other person ”;

e

in paragraph (d) for “a person to whom they apply” substitute “ a person who, at the time to which the complaint relates, was a registered person or a person acting on behalf of a registered person ”.

3

For paragraph 9(1)(a) of that Schedule (Commissioner's powers on determining a complaint) substitute—

a

if the person to whom the complaint relates was at the time to which the complaint relates—

i

a registered person, or

ii

a person acting on behalf of a registered person,

record the complaint and the decision on it to be considered in connection with the next relevant application;

4

After paragraph 9(1) insert—

1A

In sub-paragraph (1)(a) “relevant application” means—

a

if the registered person referred to in that sub-paragraph is still registered, an application by that person for continued registration, and

b

otherwise, an application by that person for registration.

5

For paragraph 9(4) substitute—

4

Relevant person” means—

a

a person who, at the time to which the charge relates, was providing immigration advice or immigration services and was—

i

a registered person, or

ii

a person acting on behalf of a registered person;

b

a person providing immigration advice or immigration services who is—

i

a person to whom section 84(4)(d) applies, or

ii

a person employed by, or working under the supervision of, such a person.