SCHEDULES
SCHEDULE 6 Registration
Applications for registration
1
1
An application for registration under section 84(2)(a) F2... must—
a
be made to the Commissioner in such form and manner, and
b
be accompanied by such information and supporting evidence,
as the Commissioner may from time to time determine.
2
When considering an application for registration, the Commissioner may require the applicant to provide him with such further information or supporting evidence as the Commissioner may reasonably require.
Registration
2
1
If the Commissioner considers that an applicant for registration is competent and otherwise fit to provide immigration advice and immigration services, he must register the applicant.
2
Registration may be made so as to have effect—
a
only in relation to a specified field of advice or services;
b
only in relation to the provision of advice or services to a specified category of person;
c
only in relation to the provision of advice or services to a member of a specified category of person; or
d
only in specified circumstances.
Review of qualifications
3
1
At such intervals as the Commissioner may determine, each registered person must submit an application for his registration to be continued.
2
Different intervals may be fixed by the Commissioner in relation to different registered persons or descriptions of registered person.
3
An application for continued registration must—
a
be made to the Commissioner in such form and manner, and
b
be accompanied by such information and supporting evidence,
as the Commissioner may from time to time determine.
4
When considering an application for continued registration, the Commissioner may require the applicant to provide him with such further information or supporting evidence as the Commissioner may reasonably require.
5
If the Commissioner considers that an applicant for continued registration is no longer competent or is otherwise unfit to provide immigration advice or immigration services, he must cancel the applicant’s registration.
6
Otherwise, the Commissioner must continue the applicant’s registration but may, in doing so, vary the registration—
a
so as to make it have limited effect in any of the ways mentioned in paragraph 2(2); or
b
so as to make it have full effect.
7
If a registered person fails, without reasonable excuse—
a
to make an application for continued registration as required by sub-paragraph (1) or by a direction given by the Tribunal under F3section 89(2)(b), or
b
to provide further information or evidence under sub-paragraph (4),
the Commissioner may cancel the person’s registration as from such date as he may determine.
F1Variation of registration
3A
The Commissioner may vary a person’s registration—
a
so as to make it have limited effect in any of the ways mentioned in paragraph 2(2); or
b
so as to make it have full effect.
Disqualification of certain persons
4
A person convicted of an offence under section 25 or 26(1)(d) or (g) of the 1971 Act is disqualified for registration under paragraph 2 or for continued registration under paragraph 3.
Fees
I15
1
The Secretary of State may by order specify fees for the registration or continued registration of persons on the register.
2
No application under paragraph 1 or 3 is to be entertained by the Commissioner unless it is accompanied by the specified fee.
Open registers
6
1
The register must be made available for inspection by members of the public in a legible form at reasonable hours.
2
A copy of the register or of any entry in the register must be provided—
a
on payment of a reasonable fee;
b
in written or electronic form; and
c
in a legible form.
3
Sub-paragraphs (1) and (2) also apply to—
a
the record kept by the Commissioner of the persons to whom he has issued a certificate of exemption under section 84(4)(a); and
b
the record kept by the Commissioner of the persons against whom there is in force a direction given by the Tribunal under section 89(8).
Sch. 6 para. 3A and heading inserted (8.1.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), s. 140(2) (with s. 159); S.I. 2002/2811, art. 2, Sch. (with art. 5)