Immigration and Asylum Act 1999

Immigration and Asylum Act 1999

1999 CHAPTER 33

Commentary on Sections

Part V: Immigration advisers and immigration service providers

Section 86: Designated professional bodies

250. This section lists the designated professional bodies whose members are to be considered qualified to provide immigration advice or services. It provides the Secretary of State with the power to amend the list of designated professional bodies and places a duty on the Commissioner to keep this list under review and to report to the Secretary of State any failure of a body to provide effective regulation of its members. The intention is to catch a general failing rather than a single act of ineffective regulation.

251. The Secretary of State is required to consult the Commissioner, the Legal Services Ombudsman or territorial equivalents before removing a body from the list of designated bodies by order. The Secretary of State is also required to seek the agreement of the Lord Chancellor or (as the case may be) Scottish Ministers before removing a body from the list of designated professional bodies. The Lord Chancellor or the Scottish Ministers are required to consult the designated judges or the Lord President of the Court of Session, respectively, about this matter.

252. A designated professional body may seek to remove itself from the list of designated professional bodies. A fee set by the Secretary of State is payable by each designated body.