10APower of entry and inspection

1

On an application made by the Commissioner a justice of the peace (or in Scotland, the sheriff) may issue a warrant authorising the Commissioner to enter premises.

2

A justice of the peace or sheriff may issue a warrant in respect of premises if satisfied that there are reasonable grounds for believing that—

a

the premises are being used, or have been used, in connection with the provision of immigration advice or immigration services by a registered person,

b

entry to the premises is reasonably required for the exercise of any of the Commissioner’s functions, and

c

entry to the premises may be prevented or delayed unless a warrant is produced.

3

The Commissioner may enter premises by virtue of this paragraph only at a reasonable hour.

4

Where the Commissioner enters premises by virtue of this paragraph the Commissioner may—

a

take onto the premises any equipment that appears to the Commissioner to be necessary;

b

require any person on the premises to produce any relevant document and, if the document is produced, to provide any explanation of it;

c

require any person on the premises to state, to the best of the person’s knowledge and belief, where any relevant document is to be found;

d

take copies of, or extracts from, any relevant document on the premises which is produced;

e

require any relevant information which is held in a computer and is accessible from the premises to be produced in a form—

i

in which it can be taken away; and

ii

in which it is visible and legible.

5

For the purposes of sub-paragraph (4), a document or information is “relevant” if the document or information relates to any matter connected with the provision of immigration advice or immigration services.

6

The powers conferred on the Commissioner by sub-paragraphs (1) to (5) may also be exercised by—

a

a member of the Commissioner’s staff authorised by the Commissioner in writing, and

b

if the Commissioner so determines, a person appointed by the Commissioner to make a report on the provision of immigration advice or immigration services from the premises in question.

7

If a registered person fails without reasonable excuse to allow access under this paragraph to any premises under the person’s occupation or control, the Commissioner may cancel the person’s registration.

8

The Commissioner may also cancel the registration of a registered person who—

a

without reasonable excuse fails to comply with a requirement imposed under sub-paragraph (4);

b

intentionally delays or obstructs any person exercising functions under this paragraph; or

c

fails to take reasonable steps to prevent an employee of the registered person from obstructing any person exercising such functions.

9

In this paragraph “premises” includes premises used wholly or partly as a dwelling.