Immigration and Asylum Act 1999

Power to enter premises U.K.

7 (1) This paragraph applies if— U.K.

(a) the Commissioner is investigating a complaint under the complaints scheme;

(b) the complaint falls within paragraph 5(3)(a), (b) [F1 , (c)] or (d); and

(c) there are reasonable grounds for believing that particular premises are being used in connection with the provision of immigration advice or immigration services by a [F2 registered or exempt person.]

[F3 (1A) This paragraph also applies if the Commissioner is investigating a matter under paragraph 5(5) and—

(a) the matter is of a kind described in paragraph 5(3)(a), (b)[F4 , (c)] or (d) (for which purpose a reference to an allegation shall be treated as a reference to a suspicion of the Commissioner), and

(b) there are reasonable grounds for believing that particular premises are being used in connection with the provision of immigration advice or immigration services by a [F5 registered or exempt person.]]

(2) The Commissioner, or a member of his staff authorised in writing by him, may enter the premises at reasonable hours.

(3) Sub-paragraph (2) does not apply to premises to the extent to which they constitute a private residence.

(4) A person exercising the power given by sub-paragraph (2) (“the investigating officer”) may—

(a) take with him such equipment as appears to him to be necessary;

(b) require any person on the premises—

(i) to produce any document which he considers relates to any matter relevant to the investigation; and

(ii) if the document is produced, to provide an explanation of it;

(c) require any person to state, to the best of his knowledge and belief, where any such document is to be found;

(d) take copies of, or extracts from, any document which is produced;

(e) require any information which is held in a computer and is accessible from the premises and which the investigating officer considers relates to any matter relevant to the investigation, to be produced in a form—

(i) in which it can be taken away; and

(ii) in which it is visible and legible.

(5) Instead of exercising the power under sub-paragraph (2), the Commissioner may require such person as he may determine (“his agent”) to make a report on the provision of immigration advice or immigration services from the premises.

(6) If the Commissioner so determines, his agent may exercise the power conferred by sub-paragraph (2) as if he were a member of the Commissioner’s staff appropriately authorised.

(7) If a registered person fails without reasonable excuse to allow access under sub-paragraph (2) or (6) to any premises under his occupation or control, the Commissioner may cancel his 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 on him 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 his from obstructing any person exercising such functions.

[F6 (9) Sub-paragraphs (7) and (8) shall apply to an exempt person as they apply to a registered person, but with a reference to cancellation of registration being treated as a reference to withdrawal of exemption.

(10) In this paragraph “exempt person” means a person certified by the Commissioner as exempt under section 84(4)(a).]

Textual Amendments

F1 Word in Sch. 5 para. 7(1)(b) inserted (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 38(2)(a), 48(3); S.I. 2004/2523, art. 2, Sch.

F2 Words in Sch. 5 para. 7(1)(c) substituted (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 38(2)(b), 48(3); S.I. 2004/2523, art. 2, Sch.

F3 Sch. 5 para. 7(1A) inserted (8.1.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), s. 140(1) (with s. 159); S.I. 2002/2811, art. 2, Sch. (with art. 5)

F4 Word in Sch. 5 para. 7(1A)(a) inserted (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 38(2)(c), 48(3); S.I. 2004/2523, art. 2, Sch.

F5 Words in Sch. 5 para. 7(1A)(b) substituted (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 38(2)(d), 48(3); S.I. 2004/2523, art. 2, Sch.

F6 Sch. 5 para. 7(9)(10) inserted (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 38(2)(e), 48(3); S.I. 2004/2523, art. 2, Sch.