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Immigration and Asylum Act 1999

Status:

This is the original version (as it was originally enacted).

Section 85(3).

SCHEDULE 6Registration

This schedulenoteType=Explanatory Notes has no associated

Applications for registration

1(1)An application for registration under section 84(2)(a) or (b) must—

(a)be made to the Commissioner in such form and manner, and

(b)be accompanied by such information and supporting evidence,

as the Commissioner may from time to time determine.

(2)When considering an application for registration, the Commissioner may require the applicant to provide him with such further information or supporting evidence as the Commissioner may reasonably require.

Registration

2(1)If the Commissioner considers that an applicant for registration is competent and otherwise fit to provide immigration advice and immigration services, he must register the applicant.

(2)Registration may be made so as to have effect—

(a)only in relation to a specified field of advice or services;

(b)only in relation to the provision of advice or services to a specified category of person;

(c)only in relation to the provision of advice or services to a member of a specified category of person; or

(d)only in specified circumstances.

Review of qualifications

3(1)At such intervals as the Commissioner may determine, each registered person must submit an application for his registration to be continued.

(2)Different intervals may be fixed by the Commissioner in relation to different registered persons or descriptions of registered person.

(3)An application for continued registration must—

(a)be made to the Commissioner in such form and manner, and

(b)be accompanied by such information and supporting evidence,

as the Commissioner may from time to time determine.

(4)When considering an application for continued registration, the Commissioner may require the applicant to provide him with such further information or supporting evidence as the Commissioner may reasonably require.

(5)If the Commissioner considers that an applicant for continued registration is no longer competent or is otherwise unfit to provide immigration advice or immigration services, he must cancel the applicant’s registration.

(6)Otherwise, the Commissioner must continue the applicant’s registration but may, in doing so, vary the registration—

(a)so as to make it have limited effect in any of the ways mentioned in paragraph 2(2); or

(b)so as to make it have full effect.

(7)If a registered person fails, without reasonable excuse—

(a)to make an application for continued registration as required by sub-paragraph (1) or by a direction given by the Tribunal under section 89(3)(b), or

(b)to provide further information or evidence under sub-paragraph (4),

the Commissioner may cancel the person’s registration as from such date as he may determine.

Disqualification of certain persons

4A person convicted of an offence under section 25 or 26(1)(d) or (g) of the 1971 Act is disqualified for registration under paragraph 2 or for continued registration under paragraph 3.

Fees

5(1)The Secretary of State may by order specify fees for the registration or continued registration of persons on the register.

(2)No application under paragraph 1 or 3 is to be entertained by the Commissioner unless it is accompanied by the specified fee.

Open registers

6(1)The register must be made available for inspection by members of the public in a legible form at reasonable hours.

(2)A copy of the register or of any entry in the register must be provided—

(a)on payment of a reasonable fee;

(b)in written or electronic form; and

(c)in a legible form.

(3)Sub-paragraphs (1) and (2) also apply to—

(a)the record kept by the Commissioner of the persons to whom he has issued a certificate of exemption under section 84(4)(a); and

(b)the record kept by the Commissioner of the persons against whom there is in force a direction given by the Tribunal under section 89(8).

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