The Immigration Services Commissioner (Registration Fee) Order 2000

Statutory Instruments

2000 No. 2735

IMMIGRATION

The Immigration Services Commissioner (Registration Fee) Order 2000

Made

5th October 2000

Laid before Parliament

9th October 2000

Coming into force

30th October 2000

The Secretary of State, in exercise of the powers conferred upon him by sections 85(3) and 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 2000 and shall come into force on 30th October 2000.

Interpretation

2.  In this Order—

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

“registration” means registration or (as the case may be) continued 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;

“sole immigration adviser” means an individual who does not employ any other person to provide immigration advice or immigration services and who does not have any person who works under his supervision or the supervison of any of his employees who provides immigation advice or immigration services.

Fee for registration

3.  The fee payable by a sole immigration adviser for registration shall be £1,800.

4.  The fee payable by any other person for registration shall be determined by the number of relevant advisers in respect of that person at the date of his application for registration, and shall be the sum specified for such number of relevant advisers in the Schedule to this Order.

Barbara Roche

Minister of State

Home Office

5th October 2000

Article 4

SCHEDULE

Number of relevant advisers	Fee payable for registration
1	£1,800
2 to 4	£2,675
5 to 9	£3,475
10 to 19	£4,275
20 or over	£6,000

Explanatory Note

(This note is not part of the Order)

This Order prescribes the fee 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 Immigration and Asylum Act 1999 (“the Act”).

The level of the fee 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 different levels of fee are designed to take account of the resources the Commissioner will need to call upon to consider an application for registration or continued registration. It is anticipated that the Commissioner will need fewer resources to consider an application for registration or continued registration from a single individual than, for example, from a body comprising 10 members, all of whom provide immigration advice or immigration services.

A Regulatory Impact Assessment was prepared for Part V of the Immigration and Asylum Bill as it was then and the statutory instruments to be made under it, and was placed in the libraries of both Houses of Parliament. Copies can be obtained by post from the Home Office, AAPD, Advance House, 15 Wellesley Road, Croydon CR9 3LY.

(1)

1999 c. 33.