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.