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Immigration and Asylum Act 1999

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Changes and effects

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Determination of complaintsE+W+S+N.I.

8(1)On determining a complaint under the complaints scheme, the Commissioner must give his decision in a written statement.E+W+S+N.I.

(2)The statement must include the Commissioner’s reasons for his decision.

(3)A copy of the statement must be given by the Commissioner to—

(a)the person who made the complaint; and

(b)the person who is the subject of the complaint.

9(1)On determining a complaint under the complaints scheme, the Commissioner may—E+W+S+N.I.

[F1(a)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 Tribunal] a disciplinary charge against a relevant person.

[F6(1A)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.]

[F7(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).]

(2)Sub-paragraph (3) applies if—

(a)the [F8First-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 [F9First-tier Tribunal] may give directions (which are to have effect while it is dealing with the charge)—

[F10(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;]

[F10(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.]

[F11(4)Relevant person” means—

(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.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Sch. 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)

F2Sch. 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)

F4Sch. 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)

F5Words 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)

F6Sch. 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)

F8Words 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)

F9Words 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)

F11Sch. 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 etc. (not altering text)

C1Sch. 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)

C2Sch. 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)

C3Sch. 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)

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