Immigration services

I137Provision of immigration services

1

For section 84(2) and (3) of the Immigration and Asylum Act 1999 (c. 33) (person qualified to provide immigration services) substitute—

2

A person is a qualified person if he is—

a

a registered person,

b

authorised by a designated professional body to practise as a member of the profession whose members the body regulates,

c

the equivalent in an EEA State of—

i

a registered person, or

ii

a person within paragraph (b),

d

a person permitted, by virtue of exemption from a prohibition, to provide in an EEA State advice or services equivalent to immigration advice or services, or

e

acting on behalf of, and under the supervision of, a person within any of paragraphs (a) to (d) (whether or not under a contract of employment).

3

Subsection (2)(a) and (e) are subject to any limitation on the effect of a person’s registration imposed under paragraph 2(2) of Schedule 6.

2

In section 85(1) of that Act (registration by the Commissioner) omit “and (b)”.

3

In section 89 of that Act (disciplinary charge upheld by Immigration Services Tribunal)—

a

for subsections (2) and (3) substitute—

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.

b

in subsection (8) for “employed by him or working” substitute “ acting on his behalf or ”.

4

In section 90(4) of that Act (orders by disciplinary bodies) for “works under the supervision of” substitute “ is acting on behalf of ”.

5

In Schedule 5 to that Act (Immigration Services Commissioner)—

a

for paragraph 1(1)(b) substitute—

b

those acting on behalf of registered persons,

b

for paragraph 1(3)(b) substitute—

b

any person acting on behalf of that person.

c

for paragraph 3(3)(b) substitute—

b

a person who is acting on behalf of a person who is within paragraph (a);

d

for paragraph 4(1)(b) substitute—

b

persons acting on behalf of persons who are within paragraph (a).

e

in paragraph 5(3)(b) for “employed by, or working under the supervision of,” substitute “ acting on behalf of ”,

f

for paragraph 5(3)(e) substitute—

e

an alleged breach of a rule of a relevant regulatory body,

g

for paragraph 6(3)(c) substitute—

c

in any other case, refer the matter to any relevant regulatory body.

h

in paragraphs 9(1)(a) and (b) for “or a person employed by, or working under the supervision of,” substitute “ or is acting on behalf of ”,

i

for paragraph 9(1)(c) substitute—

c

refer the complaint and his decision on it to a relevant regulatory body;

j

for paragraphs 9(3)(a) and (b) substitute—

a

imposing restrictions on the provision of immigration advice or immigration services by the relevant person or by a person acting on his behalf or under his supervision;

b

prohibiting the provision of immigration advice or immigration services by the relevant person or a person acting on his behalf or under his supervision.

k

for paragraphs 9(4)(b) to (d) substitute—

b

a person acting on behalf of a registered person;

6

In Schedule 6 to that Act (registration)—

a

in paragraph 1(1) omit “or (b)”, and

b

in paragraph 3(7)(a) for “section 89(3)(b)” substitute “ section 89(2)(b) ”.