SCHEDULES
SCHEDULE 5The Immigration Services Commissioner
Part IRegulatory Functions
Power to enter premises
7
1
This paragraph applies if—
a
the Commissioner is investigating a complaint under the complaints scheme;
b
the complaint falls within paragraph 5(3)(a), (b) or (d); and
c
there are reasonable grounds for believing that particular premises are being used in connection with the provision of immigration advice or immigration services by a registered person.
2
The Commissioner, or a member of his staff authorised in writing by him, may enter the premises at reasonable hours.
3
Sub-paragraph (2) does not apply to premises to the extent to which they constitute a private residence.
4
A person exercising the power given by sub-paragraph (2) (“the investigating officer”) may—
a
take with him such equipment as appears to him to be necessary;
b
require any person on the premises—
i
to produce any document which he considers relates to any matter relevant to the investigation; and
ii
if the document is produced, to provide an explanation of it;
c
require any person to state, to the best of his knowledge and belief, where any such document is to be found;
d
take copies of, or extracts from, any document which is produced;
e
require any information which is held in a computer and is accessible from the premises and which the investigating officer considers relates to any matter relevant to the investigation, to be produced in a form—
i
in which it can be taken away; and
ii
in which it is visible and legible.
5
Instead of exercising the power under sub-paragraph (2), the Commissioner may require such person as he may determine (“his agent”) to make a report on the provision of immigration advice or immigration services from the premises.
6
If the Commissioner so determines, his agent may exercise the power conferred by sub-paragraph (2) as if he were a member of the Commissioner’s staff appropriately authorised.
7
If a registered person fails without reasonable excuse to allow access under sub-paragraph (2) or (6) to any premises under his occupation or control, the Commissioner may cancel his registration.
8
The Commissioner may also cancel the registration of a registered person who—
a
without reasonable excuse fails to comply with a requirement imposed on him under sub-paragraph (4);
b
intentionally delays or obstructs any person exercising functions under this paragraph; or
c
fails to take reasonable steps to prevent an employee of his from obstructing any person exercising such functions.