Immigration and Asylum Act 1999

Determination of complaints U.K.

8 (1) On determining a complaint under the complaints scheme, the Commissioner must give his decision in a written statement. U.K.

(2) The statement must include the Commissioner’s reasons for his decision.

(3) A copy of the statement must be given by the Commissioner to—

(a) the person who made the complaint; and

(b) the person who is the subject of the complaint.

9 (1) On determining a complaint under the complaints scheme, the Commissioner may— U.K.

(a) if the person to whom the complaint relates is a registered person [F1 or is acting on behalf of] a registered person, record the complaint and the decision on it for consideration when that registered person next applies for his registration to be continued;

(b) if the person to whom the complaint relates is a registered person [F2 or is acting on behalf of] a registered person and the Commissioner considers the matter sufficiently serious to require immediate action, require that registered person to apply for continued registration without delay;

[F3 (c) refer the complaint and his decision on it to a relevant regulatory body;]

(d) if the person to whom the complaint relates is certified by the Commissioner as exempt under section 84(4)(a) or is employed by, or working under the supervision of, such a person, consider whether to withdraw that person’s exemption;

(e) lay before the Tribunal a disciplinary charge against a relevant person.

(2) Sub-paragraph (3) applies if—

(a) the Tribunal is considering a disciplinary charge against a relevant person; and

(b) the Commissioner asks it to exercise its powers under that sub-paragraph.

(3) The Tribunal may give directions (which are to have effect while it is dealing with the charge)—

[F4 (a) imposing restrictions on the provision of immigration advice or immigration services by the relevant person or by a person acting on his behalf or under his supervision;]

[F4 (b) prohibiting the provision of immigration advice or immigration services by the relevant person or a person acting on his behalf or under his supervision.]

(4) “Relevant person” means a person providing immigration advice or immigration services who is—

(a) a registered person;

[F5 (b) a person acting on behalf of a registered person;]

(e) a person certified by the Commissioner as exempt under section 84(4)(a);

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

(g) a person employed by, or working under the supervision of, a person to whom paragraph (e) or (f) applies.

Textual Amendments

F1 Words in Sch. 5 para. 9(1)(a) substituted (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 37(5)(h), 48(3); S.I. 2004/2523, art. 2, Sch.

F2 Words in Sch. 5 para. 9(1)(b) substituted (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 37(5)(h), 48(3); S.I. 2004/2523, art. 2, Sch.

F3 Sch. 5 para. 9(1)(c) substituted (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 37(5)(i), 48(3); S.I. 2004/2523, art. 2, Sch.

F4 Sch. 5 para. 9(3)(a)(b) substituted (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 37(5)(j), 48(3); S.I. 2004/2523, art. 2, Sch.

F5 Sch. 5 para. 9(4)(b) substituted for Sch. 5 para. 9(4)(b)-(d) (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 37(5)(k), 48(3); S.I. 2004/2523, art. 2, Sch.