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.