Textual Amendments
F1S. 87 crossheading substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 34 (with Sch. 5)
(1)This section applies if the [F3First-tier Tribunal] upholds a disciplinary charge laid by the Commissioner under paragraph 9(1)(e) of Schedule 5 against a person (“the person charged”).
[F4(2)[F5Subsections (2A) and (2B) apply if the person charged was, at the time to which the charge relates, a registered person or a person acting on behalf of a registered person.
(2A)If the registered person mentioned in subsection (2) is still registered, the First-tier Tribunal may direct the Commissioner—
(a)to record the charge and the First-tier Tribunal's decision on it for consideration in connection with that person's next application for continued registration;
(b)to cancel that person's registration.
(2B)If the registered person mentioned in subsection (2) is no longer registered, the First-tier Tribunal may direct the Commissioner to record the charge and the First-tier Tribunal's decision on it for consideration in connection with any application by that person for registration.]
F6(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)If the person charged is found to have charged unreasonable fees for immigration advice or immigration services, the [F3First-tier Tribunal] may direct him to repay to the clients concerned such portion of those fees as it may determine.
(6)The [F3First-tier 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 [F3First-tier 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 [F7in Northern Ireland or the county court in England and Wales] ; 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 [F3First-tier Tribunal] may direct that the person charged or any person [F8acting 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 [F3First-tier Tribunal] considers appropriate;
(b)suspended from providing immigration advice or immigration services for such period as the [F3First-tier 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 [F3First-tier Tribunal] under subsection (8).]
Textual Amendments
F2Words in s. 89 heading substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 37 (with Sch. 5)
F3Words in s. 89(1)-(9) substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 37 (with Sch. 5)
F4S. 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.
F5S. 89(2)-(2B) substituted for s. 89(2) (17.11.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 7 para. 7(1); S.I. 2014/2771, art. 5(c)
F6S. 89(4) omitted (17.11.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 7 para. 2(2)(e); S.I. 2014/2771, art. 5(c)
F7Words in s. 89(7) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 90(c); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F8Words 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.
Modifications etc. (not altering text)
C1S. 89(2)-(2B) modified (17.11.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 paras. 68, 69; S.I. 2014/2771, art. 5(d)