(1)This section applies if the Tribunal upholds a disciplinary charge laid by the Commissioner under paragraph 9(1)(e) of Schedule 5 against a person (“the person charged”).
[F1(2)If the person charged is a registered person or acts on behalf of a registered person, the Tribunal may—
(a)direct the Commissioner to record the charge and the Tribunal’s decision for consideration in connection with the registered person’s next application for continued registration;
(b)direct the registered person to apply for continued registration as soon as is reasonably practicable.]
(4)If the person charged is certified by the Commissioner as exempt under section 84(4)(a), the Tribunal may direct the Commissioner to consider whether to withdraw his exemption.
(5)If the person charged is found to have charged unreasonable fees for immigration advice or immigration services, the Tribunal may direct him to repay to the clients concerned such portion of those fees as it may determine.
(6)The Tribunal may direct the person charged to pay a penalty to the Commissioner of such sum as it considers appropriate.
(7)A direction given by the Tribunal under subsection (5) (or under subsection (6)) may be enforced by the clients concerned (or by the Commissioner)—
(a)as if it were an order of a county court; or
(b)in Scotland, as if it were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.
(8)The Tribunal may direct that the person charged or any person [F2acting on his behalf or] under his supervision is to be—
(a)subject to such restrictions on the provision of immigration advice or immigration services as the Tribunal considers appropriate;
(b)suspended from providing immigration advice or immigration services for such period as the Tribunal may determine; or
(c)prohibited from providing immigration advice or immigration services indefinitely.
(9)The Commissioner must keep a record of the persons against whom there is in force a direction given by the Tribunal under subsection (8).
Textual Amendments
F1S. 89(2) substituted for s. 89(2)(3) (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 37(3)(a), 48(3); S.I. 2004/2523, art. 2, Sch.
F2Words in s. 89(8) substituted (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 37(3)(b), 48(3); S.I. 2004/2523, art. 2, Sch.