The Immigration Services Commissioner (Application Fee) (Amendment) Order 2014

Statutory Instruments

2014 No. 2847

Immigration

The Immigration Services Commissioner (Application Fee) (Amendment) Order 2014

Made

23rd October 2014

Laid before Parliament

27th October 2014

Coming into force

17th November 2014

The Secretary of State, in exercise of the power conferred by paragraph 5(1) of Schedule 6 to the Immigration and Asylum Act 1999(1), makes the following Order:

Citation and commencement

1.  This Order may be cited as the Immigration Services Commissioner (Application Fee) (Amendment) Order 2014 and comes into force on 17th November 2014.

Amendments to the Immigration Services Commissioner (Application Fee) Order 2011

2.—(1) The Immigration Services Commissioner (Application Fee) Order 2011(2) is amended as follows.

(2) In article 3(b)(i), after “provide immigration”, insert “advice”.

(3) In article 5(b), after “providing immigration”, insert “advice”.

(4) After article 6 insert—

“Waiver of specified fee

6A.   On an application for registration or, as the case may be, continued registration, the Commissioner must waive all of the fee specified in this Order where the applicant is a person who—

(a) provides immigration advice or immigration services in the course of a business that is not for profit; and

(b) does not charge a fee, directly or indirectly, for the provision of that advice or those services.”

James Brokenshire

Minister of State

Home Office

23rd October 2014

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Immigration Services Commissioner (Application Fee) Order 2011 (the “2011 Order”) (S.I. 2011/1366) to require the Commissioner to waive all of the fee specified in the 2011 Order where the person applying for registration or continued registration operates on a not for profit basis and does not charge a fee for the provision of immigration advice or immigration services. It further corrects minor errors in the 2011 Order.

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sector is foreseen.

(1)

1999 c. 33; paragraph 5(1) of Schedule 6 to the Immigration Act 1999 was amended by the Immigration Act 2014 (c. 22), Schedule 7, paragraphs 1 and 3.

(2)

S.I. 2011/1366.