Immigration and Asylum Act 1999

The general prohibition U.K.

84 Provision of immigration services. U.K.

(1) No person may provide immigration advice or immigration services unless he is a qualified person.

[F1 (2) A person is a qualified person if he is—

(a) a registered person,

(b) authorised by a designated professional body to practise as a member of the profession whose members the body regulates,

[F2 (ba) a person authorised to provide immigration advice or immigration services by a designated qualifying regulator,]

F3 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) F4 ... or

(e) acting on behalf of, and under the supervision of, a person within any of paragraphs (a) to [F5 (ba)] (whether or not under a contract of employment).]

[F1 (3) Subsection (2)(a) and (e) are subject to—

[F6 (a)] any limitation on the effect of a person’s registration imposed under paragraph 2(2) of Schedule 6.]

[F7 (b) paragraph 4B(5) of that Schedule (effect of suspension of registration).]

[F8 (3A) A person's entitlement to provide immigration advice or immigration services by virtue of subsection (2)(ba)—

(a) is subject to any limitation on that person's authorisation imposed by the regulatory arrangements of the designated qualifying regulator in question, and

(b) does not extend to the provision of such advice or services by the person other than in England and Wales (regardless of whether the persons to whom they are provided are in England and Wales or elsewhere).

(3B) In subsection (3A) “regulatory arrangements” has the same meaning as in the Legal Services Act 2007 (see section 21 of that Act).]

(4) Subsection (1) does not apply to a person who—

F9 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) F12 ... falls within a category of person specified in an order made by the Secretary of State for the purposes of this subsection.

F13 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Subsection (1) does not apply to a person—

(a) holding an office under the Crown, when acting in that capacity;

(b) employed by, or for the purposes of, a government department, when acting in that capacity;

(c) acting under the control of a government department; or

(d) otherwise exercising functions on behalf of the Crown.

F14 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 84(2)(3) substituted (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 37(1), 48(3); S.I. 2004/2523, art. 2, Sch.

F2 S. 84(2)(ba) inserted (1.4.2011) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 18 para. 12(2)(a) (with ss. 29, 192, 193); S.I. 2011/720, art. 2(c)

F3 S. 84(2)(c) omitted (31.12.2020) by virtue of The Immigration, Nationality and Asylum (EU Exit) Regulations 2019 (S.I. 2019/745), regs. 1(2), 11(6)(a) (with Sch. 2 para. 3); 2020 c. 1, Sch. 5 para. 1(1)

F4 S. 84(2)(d) omitted (31.12.2020) by virtue of The Immigration, Nationality and Asylum (EU Exit) Regulations 2019 (S.I. 2019/745), regs. 1(2), 11(6)(a); 2020 c. 1, Sch. 5 para. 1(1)

F5 Word in s. 84(2)(e) substituted (31.12.2020) by The Immigration, Nationality and Asylum (EU Exit) Regulations 2019 (S.I. 2019/745), regs. 1(2), 11(6)(b); 2020 c. 1, Sch. 5 para. 1(1)

F6 Word in s. 84(3) inserted (17.11.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 7 para. 5(1)(a); S.I. 2014/2771, art. 5(c)

F7 S. 84(3)(b) inserted (17.11.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 7 para. 5(1)(b); S.I. 2014/2771, art. 5(c)

F8 S. 84(3A)(3B) inserted (1.4.2011) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 18 para. 12(3) (with ss. 29, 192, 193); S.I. 2011/720, art. 2(c)

F9 S. 84(4)(a) omitted (17.11.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 7 para. 2(1)(a); S.I. 2014/2771, art. 5(c)

F10 S. 84(4)(b) omitted (17.11.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 7 para. 2(1)(a); S.I. 2014/2771, art. 5(c)

F11 S. 84(4)(c) omitted (17.11.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 7 para. 2(1)(a); S.I. 2014/2771, art. 5(c)

F12 Word in s. 84(4)(d) omitted (17.11.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 7 para. 2(1)(b); S.I. 2014/2771, art. 5(c)

F13 S. 84(5) omitted (17.11.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 7 para. 2(2)(a); S.I. 2014/2771, art. 5(c)

F14 S. 84(7) omitted (17.11.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 7 para. 2(2)(a); S.I. 2014/2771, art. 5(c)

Modifications etc. (not altering text)

C1 S. 84(1) excluded (temp. from 30.4.2001 to the end of January 2002) by S.I. 2001/1393, arts. 1, 3, 4

S. 84(1) excluded (30.4.2001) by S.I. 2001/1403, arts. 2-4, Schs. 1-3

S. 84(1) excluded (temp. from 1.2.2002 to 31.12.2002) by The Immigration and Asylum Act 1999 (Part V Exemption: Relevant Employers) Order 2002 (S.I. 2002/9), arts. 1, 3

S. 84(1) excluded (temp. from 1.1.2003 to 31.12.2003) by The Immigration and Asylum Act 1999 (Part V Exemption: Relevant Employers) Order 2002 (S.I. 2002/3025), arts. 1, 3

C2 S. 84(4)(d) extended (1.1.2004) by Immigration and Asylum Act 1999 (Part V Exemption; Relevant Employers) Order 2003 (S.I. 2003/3214), arts. 1, 3

Commencement Information

I1 S. 84 wholly in force at 30.4.2001; s. 84 not in force at Royal Assent see s. 170(4); s. 84(5)(7) wholly in force and s. 84(2)(a)(b)(4)(a)(d) in force for certain purposes at 30.10.2000 by S.I. 2000/1985, art. 2, Sch. (with transitional provisions in art. 3); s. 84 in force so far as not already in force at 30.4.2001 by S.I. 2001/1394, art. 2, Sch.

[F15 84A Limitations on acting under supervision: sanctions under this Part U.K.

(1) A person (“P”) is not entitled to provide immigration advice or immigration services by virtue of section 84(2)(e) (persons acting under supervision) if—

(a) P is disqualified under paragraph 4 of Schedule 6 (conviction of certain immigration offences) for registration under paragraph 2 of that Schedule or continued registration under paragraph 3 of that Schedule,

(b) P’s registration is suspended under paragraph 4AA of Schedule 6 (suspension on grounds of risk of serious harm), or

(c) P’s registration is suspended under paragraph 4B of Schedule 6 (suspension of persons charged with particular offences).

(2) A person (“P”) is not entitled to provide immigration advice or immigration services by virtue of section 84(2)(e) during the relevant period if—

(a) P’s registration has been cancelled under paragraph 4A(e) of Schedule 6 (cancellation for lack of competence etc), and

(b) the cancellation took effect before the end of the period mentioned in subsection (3A) of section 87 because condition A in subsection (3AB) of that section (risk of serious harm) was met in relation to P.

(3) In subsection (2) “the relevant period” means the period of 12 months beginning with the time specified in the notice under section 87(3AB) as the time at which the decision to cancel P’s registration had effect.

(4) Subsection (2) does not apply if—

(a) the Commissioner decides to register P or to continue P’s registration, or

(b) the cancellation of P’s registration is overturned on appeal (unless the cancellation is subsequently reinstated as a result of a further appeal).

(5) A person (“P”) is not entitled to provide immigration advice or immigration services by virtue of section 84(2)(e) if—

(a) P’s registration has been cancelled under paragraph 4A(e) of Schedule 6, and

(b) the cancellation took effect before the end of the period mentioned in subsection (3A) of section 87 because condition B in subsection (3AC) of that section (conviction of particular offences) was met in relation to P.

(6) Subsection (5) does not apply if—

(a) P’s conviction of the offence mentioned in section 87(3AC) is quashed or set aside,

(b) the Commissioner decides to register P or to continue P’s registration, or

(c) the cancellation of P’s registration is overturned on appeal (unless the cancellation is subsequently reinstated as a result of a further appeal).

(7) A person (“P”) other than a person to whom subsection (1), (2) or (5) applies is not entitled to provide immigration advice or immigration services by virtue of section 84(2)(e) if—

(a) subsection (8) applied to P when P entered into the arrangement for supervision, and

(b) P did not inform the person by whom P was to be supervised of that fact before entering into that arrangement.

(8) This subsection applies to P if—

(a) P is or has previously been subject to a direction by the First-tier Tribunal under section 89(2A)(a) (directions in connection with registration),

(b) P is or has previously been subject to a direction by the First-tier Tribunal under section 89(8)(a) (restrictions on provision of immigration advice or immigration services),

(c) P has previously been subject to a direction by the First-tier Tribunal under section 89(8)(b) (suspension from provision of immigration advice or immigration services),

(d) P is or has previously been subject to an order made by a disciplinary body under section 90(1)(a) (restrictions on provision of immigration advice or immigration services),

(e) P has previously been subject to an order made by a disciplinary body under section 90(1)(b) (suspension from provision of immigration advice or immigration services),

(f) P has at any time been given a penalty notice under section 92C (power to impose monetary penalties),

(g) P’s registration has at any time been cancelled under paragraph 6(3)(a) of Schedule 5 (failure to assist with investigation),

(h) P’s registration has at any time been cancelled under paragraph 10A(7) or (8) of Schedule 5 (failure to allow access to premises etc),

(i) P’s registration has at any time been cancelled under paragraph 4A(d) or (e) of Schedule 6 (cancellation following direction by First-tier Tribunal or for lack of competence etc),

(j) P’s registration has previously been suspended under paragraph 4AA of Schedule 6, or

(k) P’s registration has previously been suspended under paragraph 4B of Schedule 6.

(9) Subsection (7) does not apply if, before the time mentioned in subsection (7)(a), the direction, order, penalty, cancellation or suspension referred to in subsection (8)—

(a) had been reversed, cancelled or quashed,

(b) had been overturned on appeal (and had not subsequently been reinstated as a result of a further appeal), or

(c) in the case of suspension under paragraph 4B of Schedule 6, had ceased to have effect by virtue of sub-paragraph (2) of that paragraph.]

Textual Amendments

F15 Ss. 84A, 84B inserted (2.12.2025 for specified purposes) by Border Security, Asylum and Immigration Act 2025 (c. 31), s. 65(3)(f), Sch. 1 para. 8

[F15 84B Limitations on acting under supervision: other sanctions U.K.

(1) The Secretary of State may by regulations provide that a person is not entitled to provide immigration advice or immigration services by virtue of section 84(2)(e) where—

(a) the person is subject to a professional sanction of a kind specified in the regulations, or

(b) in the circumstances specified in the regulations, the person is disqualified or suspended from practice as a member of a relevant profession.

(2) The Secretary of State may by regulations provide that a person (“P”) is not entitled to provide immigration advice or immigration services by virtue of section 84(2)(e) where—

(a) when P entered into the arrangement for supervision—

(i) P was or had previously been subject to a professional sanction of a kind specified in the regulations, or

(ii) in the circumstances specified in the regulations, P was or had previously been disqualified or suspended from practice as a member of a relevant profession, and

(b) P did not inform the person by whom P was to be supervised of that fact before entering into the arrangement for supervision.

(3) In this section—

• “professional sanction” means an order, direction or decision which is imposed, given or made by, or other action which is taken by—

  (a)

  a designated professional body,

  (b)

  a designated qualifying regulator,

  (c)

  a relevant disciplinary body,

  (d)

  an Inn of Court, or

  (e)

  a judge, court or tribunal in the exercise of a function in relation to the provision of legal services;

• “relevant disciplinary body” means a body established wholly or partly for the purpose of exercising disciplinary functions in relation to—

  (a)

  members of a designated professional body, or

  (b)

  persons regulated by a designated qualifying regulator;

• “relevant profession” means a profession which is regulated by a designated professional body or a designated qualifying regulator.]

Textual Amendments

F15 Ss. 84A, 84B inserted (2.12.2025 for specified purposes) by Border Security, Asylum and Immigration Act 2025 (c. 31), s. 65(3)(f), Sch. 1 para. 8

85 Registration and exemption by the Commissioner. U.K.

(1) The Commissioner must prepare and maintain a register for the purposes of section 84(2)(a) F16 ....

F17 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Schedule 6 makes further provision with respect to registration.

Textual Amendments

F16 Words in s. 85(1) repealed (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 37(2), 48(3), Sch. 4; S.I. 2004/2523, art. 2, Sch.

F17 S. 85(2) omitted (17.11.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 7 para. 2(2)(b); S.I. 2014/2771, art. 5(c)

Commencement Information

I2 S. 85 wholly in force at 30.10.2000; s. 85 not in force at Royal Assent see s. 170(4); s. 85(3) in force for certain purposes at 1.8.2000 and s. 85 in force at 30.10.2000 insofar as not already in force by S.I. 2000/1985, art. 2, Sch. (with transitional provisions in art. 3)

86 Designated professional bodies. U.K.

(1) “Designated professional body” means—

F18 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) The Law Society of Scotland;

(c) The Law Society of Northern Ireland;

F18 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) The Faculty of Advocates; or

(g) The General Council of the Bar of Northern Ireland.

[F19 (2) The Secretary of State may by order remove a body from the list in subsection (1) if he considers that the body—

(a) has failed to provide effective regulation of its members in their provision of immigration advice or immigration services, or

(b) has failed to comply with a request of the Commissioner for the provision of information (whether general or in relation to a particular case or matter).]

(3) If a designated professional body asks the Secretary of State to amend subsection (1) so as to remove its name, the Secretary of State may by order do so.

(4) If the Secretary of State is proposing to act under subsection (2) he must, before doing so—

(a) consult the Commissioner;

F20 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) consult the [F21 Scottish Legal Complaints Commission], if the proposed order would affect a designated professional body in Scotland;

(d) consult the [F22 Legal Services Oversight Commissioner for Northern Ireland], if the proposed order would affect a designated professional body in Northern Ireland;

(e) notify the body concerned of his proposal and give it a reasonable period within which to make representations; and

(f) consider any representations so made.

(5) An order under subsection (2) requires the approval of—

(a) the [F23 Department of Justice in Northern Ireland], if it affects a designated professional body in F24 ... Northern Ireland;

(b) the Scottish Ministers, if it affects a designated professional body in Scotland.

[F25 (6) Before deciding whether or not to give its approval under subsection (5)(a), the Department of Justice in Northern Ireland must consult the Lord Chief Justice of Northern Ireland.]

(7) Before deciding whether or not to give their approval under subsection (5)(b), the Scottish Ministers must consult the Lord President of the Court of Session.

(8) If the Secretary of State considers that a body [F26 (other than a body in England and Wales)] which—

(a) is concerned (whether wholly or in part) with regulating the legal profession, or a branch of it, in [F27 Scotland or Northern Ireland],

(b) is not a designated professional body, and

(c) is capable of providing effective regulation of its members in their provision of immigration advice or immigration services,

ought to be designated, he may by order amend subsection (1) to include the name of that body.

(9) The Commissioner must—

(a) keep under review the list of designated professional bodies set out in subsection (1); and

[F28 (b) report to the Secretary of State if the Commissioner considers that a designated professional body—

(i) is failing to provide effective regulation of its members in their provision of immigration advice or immigration services, or

(ii) has failed to comply with a request of the Commissioner for the provision of information (whether general or in relation to a particular case or matter).]

[F29 (9A) A designated professional body shall comply with a request of the Commissioner for the provision of information (whether general or in relation to a specified case or matter).]

(10) For the purpose of meeting the costs incurred by the Commissioner in discharging his functions under this Part, each designated professional body must pay to the Commissioner, in each year and on such date as may be specified, such fee as may be specified.

(11) Any unpaid fee for which a designated professional body is liable under subsection (10) may be recovered from that body as a debt due to the Commissioner.

(12) “Specified” means specified by an order made by the Secretary of State.

Textual Amendments

F18 S. 86(1)(a)(d)(e) repealed (1.1.2010) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 18 para. 13(2), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(i)(xi)

F19 S. 86(2) substituted (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 41(2), 48(3); S.I. 2004/2523, art. 2, Sch.

F20 S. 86(4)(b) repealed (31.12.2011) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 18 para. 13(2), Sch. 23 (with ss. 29, 192, 193); S.I. 2010/2089, art. 4(b)(vi)

F21 Words in s. 86(4)(c) substituted (1.10.2008) by Legal Services Act 2007 (c. 29), ss. 196(2)(a), 211(2) (with ss. 29, 192, 193); S.I. 2008/1436, art. 3(a)

F22 Words in s. 86(4)(d) substituted (N.I.) (1.9.2025) by Legal Complaints and Regulation Act (Northern Ireland) 2016 (c. 14), s. 55, Sch. 4 para. 5; S.R. 2025/143, art. 2(1)

F23 Words in s. 86(5)(a) substituted (18.10.2012) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2012 (S.I. 2012/2595), arts. 1(2), 9(4)(a) (with arts. 24-28)

F24 Words in s. 86(5)(a) repealed (1.1.2010) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 18 para. 13(3), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(i)(xi)

F25 S. 86(6) substituted (18.10.2012) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2012 (S.I. 2012/2595), arts. 1(2), 9(4)(b) (with arts. 24-28)

F26 Words in s. 86(8) inserted (1.4.2011) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 18 para. 13(5) (with ss. 29, 192, 193); S.I. 2011/720, art. 2(c)

F27 Words in s. 86(8)(a) substituted (31.12.2020) by The Immigration, Nationality and Asylum (EU Exit) Regulations 2019 (S.I. 2019/745), regs. 1(2), 11(7); 2020 c. 1, Sch. 5 para. 1(1)

F28 S. 86(9)(b) substituted (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 41(3), 48(3); S.I. 2004/2523, art. 2, Sch.

F29 S. 86(9A) inserted (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 41(4), 48(3); S.I. 2004/2523, art. 2, Sch.

Commencement Information

I3 S. 86 wholly in force at 30.4.2001; s. 86 not in force at Royal Assent see s. 170(4); s. 86(1)-(9) in force at 22.5.2000 by S.I. 2000/1282, art. 2, Sch.; s. 86(10)-(12) in force for certain purposes at 30.10.2000 by S.I. 2000/1985, art. 2, Sch. (with transitional provisions in art. 3); S. 86 in force so far as not already in force at 30.4.2001 by S.I. 2001/1394, art. 2, Sch.

[F30 86A Designated qualifying regulators U.K.

(1) “Designated qualifying regulator” means a body which is a qualifying regulator and is listed in subsection (2).

(2) The listed bodies are—

(a) the Law Society;

(b) the Institute of Legal Executives;

(c) the General Council of the Bar.

(3) The Secretary of State may by order remove a body from the list in subsection (2) if the Secretary of State considers that the body has failed to provide effective regulation of relevant authorised persons in their provision of immigration advice or immigration services.

(4) If a designated qualifying regulator asks the Secretary of State to amend subsection (2) so as to remove its name, the Secretary of State may by order do so.

(5) Where, at a time when a body is listed in subsection (2), the body ceases to be a qualifying regulator by virtue of paragraph 8(1)(a) of Schedule 18 to the Legal Services Act 2007 (loss of approved regulator status), the Secretary of State must, by order, remove it from the list.

(6) If the Secretary of State considers that a body which—

(a) is a qualifying regulator,

(b) is not a designated qualifying regulator, and

(c) is capable of providing effective regulation of relevant authorised persons in their provision of immigration advice or immigration services,

ought to be designated, the Secretary of State may, by order, amend the list in subsection (2) to include the name of that body.

(7) If the Secretary of State is proposing to act under subsection (3) or (6), the Secretary of State must, before doing so, consult the Commissioner.

(8) If the Secretary of State is proposing to act under subsection (3), the Secretary of State must, before doing so, also —

(a) notify the body concerned of the proposal and give it a reasonable period within which to make representations, and

(b) consider any representations duly made.

(9) An order under subsection (3) or (6) requires the approval of the Lord Chancellor.

(10) If the Legal Services Board considers that a designated qualifying regulator is failing to provide effective regulation of relevant authorised persons in their provision of immigration advice or immigration services, the Legal Services Board must make a report to this effect to—

(a) the Secretary of State, and

(b) the Lord Chancellor.

(11) In this section—

• “qualifying regulator” means a body which is a qualifying regulator for the purposes of this Part of this Act by virtue of Part 1 of Schedule 18 to the Legal Services Act 2007 (approved regulators approved by the Legal Services Board in relation to immigration matters);

• “relevant authorised persons”, in relation to a designated qualifying regulator, means persons who are authorised by the designated qualifying regulator to provide immigration advice or immigration services.]

Textual Amendments

F30 S. 86A inserted (1.4.2011) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 18 para. 14 (with ss. 29, 192, 193); S.I. 2011/720, art. 2(c)