The Immigration Services Commissioner (Registration Fee) Order 2002

Statutory Instruments

2002 No. 2011

IMMIGRATION

The Immigration Services Commissioner (Registration Fee) Order 2002

Made

30th July 2002

Laid before Parliament

6th August 2002

Coming into force

1st September 2002

The Secretary of State, in exercise of the powers conferred upon him by section 166(3) of, and paragraph 5(1) of Schedule 6 to, the Immigration and Asylum Act 1999(1) hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the Immigration Services Commissioner (Registration Fee) Order 2002 and shall come into force on 1st September 2002.

Interpretation

2.  In this Order—

“the Act” means the Immigration and Asylum Act 1999;

“continued registration” means registration to be continued under paragraph 3(1) of Schedule 6 to the Act;

“registration” means registration under section 84(2)(a) or (b) of the Act;

“relevant advisers” means, in respect of—

(a)

an individual, that individual together with—

(i)

the number of employees of that individual who provide immigration advice or immigration services, excluding such employees who are qualified persons under sections 84(2)(c) to (f) of the Act, or who are persons to whom section 84(4) of the Act applies; and

(ii)

the number of persons who provide immigration advice or immigration services who work under the supervision of that individual and his employees, excluding such persons who are qualified persons under sections 84(2)(c) to (f) of the Act, or who are persons to whom section 84(4) of the Act applies;

(b)

a body corporate or unincorporate—

(i)

the number of members and employees of that body who provide immigration advice or immigration services, excluding such members and employees who are qualified persons under sections 84(2)(c) to (f) of the Act, or who are persons to whom section 84(4) of the Act applies; and

(ii)

the number of persons who provide immigration advice or immigration services who work under the supervision of such members and employees, excluding such persons who are qualified persons under sections 84(2)(c) to (f) of the Act, or who are persons to whom section 84(4) of the Act applies.

Fees for registration and continued registration

3.—(a) The fee payable by any person for registration shall be the fee in column 2 of the table in the Schedule to this Order which applies in respect of that person’s entry in column 1 of that table.

(b) The fee payable by any person for continued registration shall be the fee in column 3 of that table which applies in respect of that person’s entry in column 1 of that table.

(c) A person’s entry in column 1 of that table shall be determined by reference to the number of relevant advisers in respect of that person at the date of his application for registration.

Revocation

4.  The Immigration Services Commissioner (Registration Fee) Order 2000(2) is hereby revoked.

Beverley Hughes

Minister of State

Home Office

30th July 2002

Article 3

SCHEDULE Table of fees

Column 1	Column 2	Column 3
Number of relevant advisers	Fee payable for registration	Fee payable for continued registration
1 to 4	£1,700	£1,250
5 to 9	£1,900	£1,550
10 and over	£2,300	£2,050

Explanatory Note

(This note is not part of the Order)

This Order revokes the Immigration Services Commissioner (Registration Fee) Order 2000 (“the 2000 Order”) which specified the fees to be paid to the Immigration Services Commissioner on making an application for registration or continued registration with the Immigration Services Commissioner as required under Part V of the Immigration and Asylum Act 1999 (“the Act”).

The level of the fee in both Orders varies according to the number of members and employees, or persons working under the supervision of such members or employees, of the person applying for registration who provide immigration advice or immigration services. Such members or employees or persons working under their supervision are excluded from the total figure if they are qualified persons within the meaning of sections 84(2)(c) to (f) of the Act, or if they are persons to whom section 84(4) applies.

The new fee structure put in place by this Order replaces the existing flat fees for both initial and continued registration with revised fees which differentiate between first-time registration with the Commissioner and continued registration on an annual basis thereafter. The flat registration fees of £1,800 for one relevant adviser, £2,675 for two to four relevant advisers, £3,475 for five to nine relevant advisers, £4,275 for ten to nineteen relevant advisers and £6,000 for twenty or more relevant advisers in the 2000 Order are replaced by this Order with first-time registration fees of £1,700 for one to four relevant advisers, £1,900 for five to nine relevant advisers and £2,300 for 10 or more relevant advisers and continued registration fees of £1,250 for one to four relevant advisers, £1,550 for five to nine relevant advisers and £2,050 for ten or more relevant advisers.

(1)

1999 c. 33.

(2)

S.I. 2000/2735.