Part V Immigration Advisers and Immigration Service Providers
Enforcement
91 Offences.
1
A person who provides immigration advice or immigration services in contravention of section 84 or of a restraining order is guilty of an offence and liable—
a
on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; or
b
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.
2
“Restraining order” means—
a
a direction given by the Tribunal under section 89(8) or paragraph 9(3) of Schedule 5; or
b
an order made by a disciplinary body under section 90(1).
3
If an offence under this section committed by a body corporate is proved—
a
to have been committed with the consent or connivance of an officer, or
b
to be attributable to neglect on his part,
the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
4
“Officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body, or a person purporting to act in such a capacity.
5
If the affairs of a body corporate are managed by its members, subsection (3) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
6
If an offence under this section committed by a partnership in Scotland is proved—
a
to have been committed with the consent or connivance of a partner, or
b
to be attributable to neglect on his part,
the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.
7
“Partner” includes a person purporting to act as a partner.