SCHEDULES
SCHEDULE 5 The Immigration Services Commissioner
Part I Regulatory Functions
Determination of complaints
8
1
On determining a complaint under the complaints scheme, the Commissioner must give his decision in a written statement.
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—
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;
F3c
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 F7First-tier Tribunal a disciplinary charge against a relevant person.
2
Sub-paragraph (3) applies if—
a
the F8First-tier 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 F6First-tier Tribunal may give directions (which are to have effect while it is dealing with the charge)—
F4a
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;
F4b
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;
F5b
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.