Immigration and Asylum Bill -
Amendments to be debated in the House of Lords
- continued
House of Lords

back to previous amendments
 
  
Schedule 5
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE LORD DHOLAKIA
 
128     Page 114, line 34, leave out sub-paragraph (2) and insert--
 
    ("(2) Before making or altering any rules the Commissioner must consult--
    (a)  each of the designated professional bodies; and
    (b)  such other persons appearing to him to represent the views of persons engaged in the provision of immigration advice or immigration services as he considers appropriate.")
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
128A     Page 114, line 43, at end insert--
 
    ("  .--(1)  The Commissioner's rules must be made or altered by an instrument in writing.
 
    (2)  Such an instrument must specify that it is made under this Schedule.
 
    (3)  Immediately after such an instrument is made, it must be printed and made available to the public.
 
    (4)  The Commissioner may charge a reasonable fee for providing a person with a copy of the instrument.
 
    (5)  A person is not to be taken to have contravened a rule made by the Commissioner if he shows that at the time of the alleged contravention the instrument containing the rule had not been made available in accordance with this paragraph.
 
    (6)  The production of a printed copy of an instrument purporting to be made by the Commissioner on which is endorsed a certificate signed by an officer of the Commissioner authorised by him for that purpose and stating--
    (a)  that the instrument was made by the Commissioner,
    (b)  that the copy is a true copy of the instrument, and
    (c)  that on a specified date the instrument was made available to the public in accordance with this paragraph,
is evidence (or in Scotland sufficient evidence) of the facts stated in the certificate.
 
    (7)  A certificate purporting to be signed as mentioned in sub-paragraph (6) is to be treated as having been properly signed unless the contrary is shown.
 
    (8)  A person who wishes in any legal proceedings to rely on an instrument containing the Commissioner's rules may require him to endorse a copy of the instrument with a certificate of the kind mentioned in sub-paragraph (6).")
 
128B     Page 115, line 7, leave out from ("services") to end of line 9 and insert ("other than--
    (a)  a person who is authorised by a designated professional body to practise as a member of the profession whose members are regulated by that body;
    (b)  a person who works under the supervision of such a person; or
    (c)  a person mentioned in section 74(6).")
 
128C     Page 115, line 14, after ("bodies;") insert--
    ("(  )  the designated judges;
    (  )  the Lord President of the Court of Session;
    (  )  the Lord Chief Justice of Northern Ireland;")
 
  
BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON
 
129     Page 115, line 20, leave out paragraph 3 
  
BY THE LORD WILLIAMS OF MOSTYN
 
129A     Page 115, line 21, leave out (", after consulting the Commissioner,") 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
130     Page 115, line 23, leave out from first ("to") to the end of line 24 and insert ("be taken into account by the designated professional body specified in the order in exercising its functions in relation to the regulation of--
    (a)  its members in their provision of")
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
130A     Page 115, line 24, leave out from ("to") to ("and") in line 25 and insert ("practise as a member of the profession whose members are regulated by that body;") 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
131     Page 115, line 26, leave out first ("persons") and insert ("members") 
  
BY THE LORD WILLIAMS OF MOSTYN
 
131A     Page 115, line 26, at end insert--
 
    ("(  )  If the Secretary of State is proposing to act under sub-paragraph (1) he must, before doing so, consult--
    (a)  the Commissioner;
    (b)  the Legal Services Ombudsman, if the proposed order would affect a designated professional body in England and Wales;
    (c)  the Scottish Legal Services Ombudsman, if the proposed order would affect a designated professional body in Scotland;
 
 
    (d)  the lay observers appointed under Article 42 of the Solicitors (Northern Ireland) Order 1976, if the proposed order would affect a designated professional body in Northern Ireland.")
S.I. 1976/582 (N.I.  12).
131B     Page 115, line 31, at end insert--
 
    ("(  )  Before deciding whether or not to give his approval under sub-paragraph (2)(a), the Lord Chancellor must consult--
    (a)  the designated judges, if the order affects a designated professional body in England and Wales;
    (b)  the Lord Chief Justice of Northern Ireland, if it affects a designated professional body in Northern Ireland.
    (  )  Before deciding whether or not to give their approval under sub-paragraph (2)(b), the Scottish Ministers must consult the Lord President of the Court of Session.")
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE LORD DHOLAKIA
 
132     Page 115, line 35, at end insert--
 
    ("(1A)  Before establishing the scheme or altering it, the Commissioner must consult--
    (a)  each of the designated professional bodies; and
    (b)  such other persons appearing to him to represent the views of persons engaged in the provision of immigration advice or immigration services as he considers appropriate.")
 
133     Page 115, line 42, at end insert ("by a person to whom the Code applies") 
134     Page 115, line 45, leave out ("(c),") 
135     Page 116, line 6, at end insert--
 
    ("(5)  The complaints scheme must provide for the Commissioner to bring to the attention of a designated professional body a relevant complaint under sub-paragraph (2)(a) or (b) where it relates to a person who falls within paragraph (c) of section 74(2) and a complaint made to him which relates to an alleged breach, by a person who falls within paragraph (c) of section 74(2), of one or more of the rules of that body.")
 
  
BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON
 
136     Page 118, line 18, leave out sub-paragraph (2) and insert--
 
    ("(2)  The Commissioner may, upon receipt by him of a written complaint by or on behalf of any person which relates to the time taken for a designated professional body to process or determine a complaint made under paragraph 4(2), require the designated professional body to provide an explanation for the perceived delay in processing the complaint and further, to give a timetable within which the complaint under paragraph 4(2) will be dealt with.
 
    (2A)  If the designated professional body fails, without reasonable excuse, to adhere to the timetable referred to in sub-paragraph (2) above, then the Commissioner may give a direction setting a timetable to be followed by the designated professional body in considering, and if appropriate, in reaching a determination of the complaint.")
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE BARONESS WILLIAMS OF CROSBY
 
137     Page 118, line 18, leave out from ("may") to end of line 22 and insert (", after the making of a direction by the Lord Chancellor under section 76(1A), give directions setting reasonable targets in relation to the handling of complaints about the members of a designated professional body.
 
    (2A)  Before setting targets under sub-paragraph (2), the Commissioner should afford a designated professional body a reasonable opportunity of appearing before him to make representations.")
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
138     Page 119, line 15, leave out sub-paragraph (3) 
139     Page 119, line 21, leave out (", with the approval of the Treasury,") 
  
BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON
 
140     Page 121, line 10, at end insert-- 
 ("Disqualification for Scottish Parliament 
     23A.  After section 15(1)(d) of the Scotland Act 1998 insert--
    (e) he is the Immigration Services Commissioner or the Deputy Immigration Services Commissioner."
 
 Disqualification for National Assembly for Wales 
     23B.  After section 12(1)(d) of the Government of Wales Act 1998 insert--
    (e) he is the Immigration Services Commissioner or the Deputy Immigration Services Commissioner."")
 
  
Clause 74
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
141     Page 48, line 40, at end insert--
 
    ("(5A)  The Commissioner shall have regard to the views of the Secretary of State as to the classes of person who should be eligible for exemption under subsection (4)(a).
 
    (5B)  The Commissioner shall consult such persons as appear to him to be appropriate (including representatives of voluntary organisations and of further and higher education) about the circumstances under which he shall exercise his power under subsection (4)(a) and shall publish a scheme describing eligibility for exemption and the conditions subject to which exemption shall be granted.
 
    (5C)  Such a scheme referred to in subsection (5B) shall provide for transitional periods of not less than three years before exempt persons shall be required to comply with such conditions as may be prescribed.")
 
  
Schedule 6
 
  
BY THE BARONESS WILLIAMS OF CROSBY
 
142     Page 121, line 21, at end insert ("which, in the case of applicants proposing to provide advice or services to persons under the age of 18, shall include evidence of appropriate training and experience") 
  
Clause 76
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE LORD DHOLAKIA
 
143     Page 49, line 17, at end insert--
 
    ("(1A) If it appears to the Lord Chancellor that complaints about members of any designated professional body are not being handled effectively and efficiently, he may by direction require the Immigration Services Commissioner to consider exercising, in relation to the body, the power specified in paragraph 9 of Schedule 5.")
 
144     Page 49, line 18, leave out ("Secretary of State") and insert ("Lord Chancellor") 
  
BY THE LORD WILLIAMS OF MOSTYN
 
144A     Page 49, line 27, at end insert--
    ("(  )  consult the Legal Services Ombudsman, if the proposed order would affect a designated professional body in England and Wales;
    (  )  consult the Scottish Legal Services Ombudsman, if the proposed order would affect a designated professional body in Scotland;
 
 
    (  )  consult the lay observers appointed under Article 42 of the Solicitors (Northern Ireland) Order 1976, if the proposed order would affect a designated professional body in Northern Ireland;")
S.I. 1976/582 (N.I.  12).
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE LORD DHOLAKIA
THE BARONESS WILLIAMS OF CROSBY
 
145     Page 49, line 32, leave out ("Lord Chancellor") and insert ("Legal Services Consultative Panel, and the designated judges under the Courts and Legal Services Act 1990") 
  
BY THE LORD WILLIAMS OF MOSTYN
 
145A     Page 49, line 35, at end insert--
 
    ("(  )  Before deciding whether or not to give his approval under subsection (5)(a), the Lord Chancellor must consult--
    (a)  the designated judges, if the order affects a designated professional body in England and Wales;
    (b)  the Lord Chief Justice of Northern Ireland, if it affects a designated professional body in Northern Ireland.
    (  )  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.")
 
  
BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON
 
146     Page 50, line 8, leave out subsections (8) to (10) 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE LORD DHOLAKIA
 
147     Page 50, line 9, after ("Part") insert ("in relation to persons falling within paragraph (c) of section 74(2)") 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE LORD DHOLAKIA
THE BARONESS WILLIAMS OF CROSBY
 
148     Page 50, line 11, at end insert ("save that no fee shall be payable by each designated professional body for the first year after appointment of the Commissioner.") 
  
Schedule 7
 
  
BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON
 
149     Page 123, line 37, after ("Chancellor") insert (", after consultation with the Lord President of the Court of Session,") 
  
BY THE LORD WILLIAMS OF MOSTYN
 
149A     Page 123, line 38, at end insert--
 
    ("(  )  Before making or altering any such rules, the Lord Chancellor must consult the Scottish Ministers.")
 
  
BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON
 
150     Page 124, line 5, after second ("party") insert ("having been given due notice of the hearing") 
 
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Prepared 20 July 1999