Immigration and Asylum Act 1999

Investigation of complaints

5 (1) The Commissioner must establish a scheme (“the complaints scheme”) for the investigation by him of relevant complaints made to him in accordance with the provisions of the scheme.

(2) Before establishing the scheme or altering it, the Commissioner must consult—

(a) each of the designated professional bodies; and

(b) such other persons appearing to him to represent the views of persons engaged in the provision of immigration advice or immigration services as he considers appropriate.

(3) A complaint is a relevant complaint if it relates to—

(a) the competence or fitness of a person to provide immigration advice or immigration services,

(b) the competence or fitness of a person employed by, or working under the supervision of, a person providing immigration advice or immigration services,

(c) an alleged breach of the Code,

(d) an alleged breach of one or more of the Commissioner’s rules by a person to whom they apply, or

(e) an alleged breach, by a person who falls within paragraph (c), (d), (e) or (f) of section 84(2), of one or more of the rules of the relevant regulatory body,

but not if it relates to a person who is excluded from the application of subsection (1) of section 84 by subsection (6) of that section.

(4) The Commissioner may, on his own initiative, investigate any matter which he would have power to investigate on a complaint made under the complaints scheme.

(5) In investigating any such matter on his own initiative, the Commissioner must proceed as if his investigation were being conducted in response to a complaint made under the scheme.

6 (1) The complaints scheme must provide for a person who is the subject of an investigation under the scheme to be given a reasonable opportunity to make representations to the Commissioner.

(2) Any person who is the subject of an investigation under the scheme must—

(a) take such steps as are reasonably required to assist the Commissioner in his investigation; and

(b) comply with any reasonable requirement imposed on him by the Commissioner.

(3) If a person fails to comply with sub-paragraph (2)(a) or with a requirement imposed under sub-paragraph (2)(b) the Commissioner may—

(a) in the case of a registered person, cancel his registration;

(b) in the case of a person certified by the Commissioner as exempt under section 84(4)(a), withdraw his exemption; or

(c) in the case of a person falling within paragraph (c), (d), (e) or (f) of section 84(2), refer the matter to the relevant regulatory body.