OpenLegislation

Paragraph 9

United Kingdom

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

On determining a complaint under the complaints scheme, the Commissioner may—

C1(F1a)

if the person to whom the complaint relates was at the time to which the complaint relates—

(i)

a registered person, or

(ii)

a person acting on behalf of a registered person,

record the complaint and the decision on it to be considered in connection with the next relevant application;

F2(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(c)

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

F4(d)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)

lay before the F5First-tier Tribunala disciplinary charge against a relevant person;

F6(f)

if the person to whom the complaint relates (“P”) was not, at the time to which the complaint relates, a relevant authorised person, order P or a relevant body in relation to P—

(i)

to refund all or any part of the fees charged by P or the relevant body for the immigration advice or immigration services to which the complaint relates;

(ii)

to pay to the person to whom the advice or services were provided an amount specified in the order by way of compensation in respect of any loss, inconvenience or distress suffered by the person as a result of the provision of the advice or services.

F7(See also section 92C (which confers a power to impose monetary penalties for breaching the Code or otherwise failing to comply with requirements imposed by or under this Part).)

C2(F81A)

In sub-paragraph (1)(a) “relevant application” means—

(a)

if the registered person referred to in that sub-paragraph is still registered, an application by that person for continued registration, and

(b)

otherwise, an application by that person for registration.

F9(1B)

Sub-paragraph (1)(a) is subject to paragraph 4A(e) of Schedule 6 (duty of Commissioner to cancel registration of a person who is no longer competent or is otherwise unfit).

F10(1C)

For the purposes of sub-paragraph (1)(f) and this sub-paragraph—

(a)

a person is a “relevant authorised person” if—

(i)

the person falls within section 84(2)(b), or

(ii)

the person falls within section 84(2)(e) because the person acts on behalf of, and under the supervision of, a person falling within section 84(2)(b);

(b)

a body is a “relevant body” in relation to P if P was acting as the employee, officer, member or partner of the body when providing the immigration advice or immigration services to which the complaint relates;

(c)

“officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body.

(1D)

The total amount that may be ordered to be refunded or paid by virtue of sub-paragraph (1)(f) in respect of a complaint must not exceed £250,000.

(1E)

The Secretary of State may by regulations amend the amount for the time being specified in sub-paragraph (1D).

(1F)

An order under sub-paragraph (1)(f) may specify the time by which the refund or payment must be made.

(2)

Sub-paragraph (3) applies if—

(a)

the F11First-tier Tribunal is considering a disciplinary charge against a relevant person; and

(b)

the Commissioner asks it to exercise its powers under that sub-paragraph.

(3)

The F12First-tier Tribunal may give directions (which are to have effect while it is dealing with the charge)—

F13(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.

F14(4)

Relevant person” means—

C3(a)

a person who, at the time to which the charge relates, was providing immigration advice or immigration services and was—

(i)

a registered person, or

(ii)

a person acting on behalf of a registered person;

(b)

a person providing immigration advice or immigration services who is—

(i)

a person to whom section 84(4)(d) applies, or

(ii)

a person employed by, or working under the supervision of, such a person.

Annotations

Textual amendments

F1

Sch. 5 para. 9(1)(a) substituted (17.11.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 7 para. 7(3); S.I. 2014/2771, art. 5(c)

F2

Sch. 5 para. 9(1)(b) omitted (17.11.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 7 para. 4(2)(a); S.I. 2014/2771, art. 5(c)

F3

Sch. 5 para. 9(1)(c) substituted (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 37(5)(i), 48(3); S.I. 2004/2523, art. 2, Sch.

F4

Sch. 5 para. 9(1)(d) omitted (17.11.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 7 para. 2(2)(f); S.I. 2014/2771, art. 5(c)

F5

Words in Sch. 5 para. 9(1)(e) substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 40 (with Sch. 5)

F6

Sch. 5 para. 9(1)(f) inserted (2.12.2025 for specified purposes) by Border Security, Asylum and Immigration Act 2025 (c. 31), s. 65(3)(f), Sch. 1 para. 14(4)(a)

F7

Words in Sch. 5 para. 9(1) inserted (2.12.2025 for specified purposes) by Border Security, Asylum and Immigration Act 2025 (c. 31), s. 65(3)(f), Sch. 1 para. 11(3)

F8

Sch. 5 para. 9(1A) inserted (17.11.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 7 para. 7(4); S.I. 2014/2771, art. 5(c)

F9

Sch. 5 para. 9(1B) inserted (17.11.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 7 para. 4(2)(b); S.I. 2014/2771, art. 5(c)

F10

Sch. 5 para. 9(1C)-(1F) inserted (2.12.2025 for specified purposes) by Border Security, Asylum and Immigration Act 2025 (c. 31), s. 65(3)(f), Sch. 1 para. 14(4)(b)

F11

Words in Sch. 5 para. 9(2)(a) substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 40 (with Sch. 5)

F12

Words in Sch. 5 para. 9(3) substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 40 (with Sch. 5)

F13

Sch. 5 para. 9(3)(a)(b) substituted (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 37(5)(j), 48(3); S.I. 2004/2523, art. 2, Sch.

F14

Sch. 5 para. 9(4) substituted (17.11.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 7 para. 7(5); S.I. 2014/2771, art. 5(c)

Modifications

C1

Sch. 5 para. 9(1)(a) 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)

C2

Sch. 5 para. 9(1A) 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)

C3

Sch. 5 para. 9(4)(a) 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)