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—
F1(a)
if the person to whom the complaint relates was at the time to which the complaint relates—
(i)
a registered person, or
(ii)
a person acting on behalf of a registered person,
record the complaint and the decision on it to be considered in connection with the next relevant application;
F2(b)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(c)
refer the complaint and his decision on it to a relevant regulatory body;
F4(d)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e)
lay before the F5First-tier Tribunal a disciplinary charge against a relevant person.
F6(1A)
In sub-paragraph (1)(a) “relevant application” means—
(a)
if the registered person referred to in that sub-paragraph is still registered, an application by that person for continued registration, and
(b)
otherwise, an application by that person for registration.
F7(1B)
Sub-paragraph (1)(a) is subject to paragraph 4A(e) of Schedule 6 (duty of Commissioner to cancel registration of a person who is no longer competent or is otherwise unfit).
(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 F9First-tier Tribunal may give directions (which are to have effect while it is dealing with the charge)—
F10(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;
F10(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.
F11(4)
Relevant person” means—
(a)
a person who, at the time to which the charge relates, was providing immigration advice or immigration services and was—
(i)
a registered person, or
(ii)
a person acting on behalf of a registered person;
(b)
a person providing immigration advice or immigration services who is—
(i)
a person to whom section 84(4)(d) applies, or
(ii)
a person employed by, or working under the supervision of, such a person.