Immigration and Asylum Act 1999

89 Disciplinary charge upheld by the [F1 First-tier Tribunal]. U.K.

(1) This section applies if the [F2 First-tier Tribunal] upholds a disciplinary charge laid by the Commissioner under paragraph 9(1)(e) of Schedule 5 against a person (“the person charged”).

[F3 (2) [F4 Subsections (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.]

F5 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) If the person charged is found to have charged unreasonable fees for immigration advice or immigration services, the [F2 First-tier Tribunal] may direct him to repay to the clients concerned such portion of those fees as it may determine.

(6) The [F2 First-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 [F2 First-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 [F6 in 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 [F2 First-tier Tribunal] may direct that the person charged or any person [F7 acting 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 [F2 First-tier Tribunal] considers appropriate;

(b) suspended from providing immigration advice or immigration services for such period as the [F2 First-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 [F2 First-tier Tribunal] under subsection (8).]

Textual Amendments

F1 Words 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)

F2 Words 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)

F3 S. 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.

F4 S. 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)

F5 S. 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)

F6 Words 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)

F7 Words 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)

C1 S. 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)