Section 90 Orders by disciplinary bodies.I1

United Kingdom

(1)

A disciplinary body may make an order directing that a person subject to its jurisdiction is to be—

(a)

subject to such restrictions on the provision of immigration advice or immigration services as the body considers appropriate;

(b)

suspended from providing immigration advice or immigration services for such period as the body may determine; or

(c)

prohibited from providing immigration advice or immigration services indefinitely.

(2)

“Disciplinary body” means any body—

F1(a)

appearing to the Secretary of State to be established for the purpose of hearing disciplinary charges against—

(i)

members of a designated professional body, or

(ii)

persons regulated by designated qualifying regulators; and

(b)

specified in an order made by the Secretary of State.

(3)

The Secretary of State must consult the designated professional body F2or designated qualifying regulator concerned before making an order under subsection (2)(b).

(4)

For the purposes of this section, a person is subject to the jurisdiction of a disciplinary body if he is an authorised person or F3is acting on behalf of an authorised person.

(5)

“Authorised person” means F4—

(a)

a person who is authorised by the designated professional body concerned to practise as a member of the profession whose members are regulated by that bodyF5, or

( b)

a person who is authorised by the designated qualifying regulator concerned to provide immigration advice or immigration services.

Annotations

Textual amendments

F1: S. 90(2)(a) substituted (1.4.2011) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 18 para. 15(2) (with ss. 29, 192, 193); S.I. 2011/720, art. 2(c)
F2: Words in s. 90(3) inserted (1.4.2011) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 18 para. 15(3) (with ss. 29, 192, 193); S.I. 2011/720, art. 2(c)
F3: Words in s. 90(4) substituted (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 37(4), 48(3); S.I. 2004/2523, art. 2, Sch.
F4: Words in s. 90(5) inserted (1.4.2011) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 18 para. 15(4)(a) (with ss. 29, 192, 193); S.I. 2011/720, art. 2(c)
F5: Words in s. 90(5) inserted (1.4.2011) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 18 para. 15(4)(b) (with ss. 29, 192, 193); S.I. 2011/720, art. 2(c)

Commencement

I1: S. 90 wholly in force at 30.4.2001; s. 90 not in force at Royal Assent see s. 170(4); s. 90 in force for certain purposes at 1.8.2000 by S.I. 2000/1985, art. 2, Sch. (with transitional provisions in art. 3); S. 90 in force so far as not already in force at 30.4.2001 by S.I. 2001/1394, art. 2, Sch.

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)