SCHEDULES

SCHEDULE 5 The Immigration Services Commissioner

Part I Regulatory Functions

Code of Standards

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1

The Commissioner must prepare and issue a code setting standards of conduct which those to whom the code applies are expected to meet.

2

The code is to be known as the Code of Standards but is referred to in this Schedule as “the Code”.

3

The Code is to apply to any person providing immigration advice or immigration services other than—

a

a person who is authorised by a designated professional body to practise as a member of the profession whose members are regulated by that body;

F1b

a person who is acting on behalf of a person who is within paragraph (a);

c

a person mentioned in section 84(6).

4

It is the duty of any person to whom the Code applies to comply with its provisions in providing immigration advice or immigration services.

5

If the Commissioner alters the Code, he must re-issue it.

6

Before issuing the Code or altering it, the Commissioner must consult—

a

each of the designated professional bodies;

F2b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

the Lord President of the Court of Session;

d

the Lord Chief Justice of Northern Ireland; and

e

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.

7

The Commissioner must publish the Code in such form and manner as the Secretary of State may direct.