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Asylum and Immigration (Treatment of Claimants, etc.) Act 2004

Section 39:  Offence of advertising Services

183.Section 39 inserts a new section 92B in the Immigration and Asylum Act 1999.

184.Subsection (1) creates a new criminal offence of advertising or offering to provide immigration advice or services when unqualified. Those qualified to provide immigration advice are listed in section 84 of the 1999 Act.

185.Subsection (2) sets out the behaviour that would constitute advertising or offering to provide immigration advice or services.

186.Subsection (3) establishes the maximum penalty for the offence which will be a Level 4 fine (£2,500).

187.Subsection (4) applies subsections (3) to (7) of section 91 of the 1999 Act so that if the new offence is committed by a body corporate, an officer (including partners in Scotland) of that body will be culpable.

188.Subsection (5) enables the Commissioner to lay an information before a magistrate within six months of the date of the alleged advertising offence having been committed, or within two years of that date and within six months of the offence coming to the attention of the Commissioner. Subsections (6), (7) and (8) provide for the same limits to apply in Scotland and Northern Ireland.

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