Section 89 Disciplinary charge upheld by the First-tier Tribunal.F7

United Kingdom

(1)

This section applies if the F1First-tier Tribunal upholds a disciplinary charge laid by the Commissioner under paragraph 9(1)(e) of Schedule 5 against a person (“the person charged”).

C1(F22)

F3Subsections (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.

F4(4)

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

(5)

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

(6)

The 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 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 F5in 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 First-tier Tribunal may direct that the person charged or any person F6acting 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 First-tier Tribunal considers appropriate;

(b)

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

Annotations

Textual amendments

F1: 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)
F2: 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.
F3: 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)
F4: 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)
F5: 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)
F6: 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.
F7: 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)

Modifications

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)

Notes on Appeals to the First-tier Tribunal

Textual amendments

F1: S. 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)