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 [F1or 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 [F2or 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
F1Words 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.
F2Words 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.
F3Sch. 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.
F4Sch. 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.
F5Sch. 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.