Immigration and Asylum Bill - continued        House of Lords
PART V, IMMIGRATION ADVISERS AND IMMIGRATION SERVICE PROVIDERS - continued

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The Immigration Services Tribunal
The Tribunal.     82. - (1) There is to be a tribunal known as the Immigration Services Tribunal (referred to in this Part as "the Tribunal").
 
      (2) Any person aggrieved by a relevant decision of the Commissioner may appeal to the Tribunal against the decision.
 
      (3) "Relevant decision" means a decision-
 
 
    (a) to refuse an application for registration made under paragraph 1 of Schedule 6;
 
    (b) to withdraw an exemption given under section 79(4)(a);
 
    (c) under paragraph 2(2) of that Schedule to register with limited effect;
 
    (d) to refuse an application for continued registration made under paragraph 3 of that Schedule;
 
    (e) to vary a registration on an application under paragraph 3 of that Schedule; or
 
    (f) which is recorded under paragraph 9(1)(a) of Schedule 5.
      (4) The Tribunal is also to have the function of hearing disciplinary charges laid by the Commissioner under paragraph 9(1)(e) of Schedule 5.
 
      (5) Schedule 7 makes further provision with respect to the Tribunal and its constitution and functions.
 
Appeal upheld by the Tribunal.     83. - (1) This section applies if the Tribunal allows an appeal under section 82.
 
      (2) If the Tribunal considers it appropriate, it may direct the Commissioner-
 
 
    (a) to register the applicant or to continue the applicant's registration;
 
    (b) to make or vary the applicant's registration so as to have limited effect in any of the ways mentioned in paragraph 2(2) of Schedule 6;
 
    (c) to restore an exemption granted under section 79(4)(a); or
 
    (d) to quash a decision recorded under paragraph 9(1)(a) of Schedule 5 and the record of that decision.
Disciplinary charge upheld by the Tribunal.     84. - (1) This section applies if the Tribunal upholds a disciplinary charge laid by the Commissioner under paragraph 9(1)(e) of Schedule 5 against a person ("the person charged").
 
      (2) Subsection (3) applies if the person charged is-
 
 
    (a) a registered person;
 
    (b) a person employed by, or working under the supervision of, a registered person;
 
    (c) a member or employee of a body which is a registered person; or
 
    (d) a person working under the supervision of such a member or employee.
      (3) The Tribunal may-
 
 
    (a) direct the Commissioner to record the charge and the Tribunal's decision on it for consideration when the registered person next applies for continued registration; or
 
    (b) direct the registered person to apply to the Commissioner for continued registration without delay.
      (4) If the person charged is certified by the Commissioner as exempt under section 79(4)(a), the Tribunal may direct the Commissioner to consider whether to withdraw his exemption.
 
      (5) If the person charged is found to have charged unreasonable fees for immigration advice or immigration services, the Tribunal may direct him to repay to the clients concerned such portion of those fees as it may determine.
 
      (6) The Tribunal may direct the person charged to pay a penalty to the Commissioner of such sum as it considers appropriate.
 
      (7) A direction given by the Tribunal under subsection (5) (or under subsection (6)) may be enforced by the clients concerned (or by the Commissioner)-
 
 
    (a) as if it were an order of a county court; or
 
    (b) in Scotland, as if it were an order of the Court of Session.
      (8) The Tribunal may direct that the person charged or any person employed by him or working under his supervision is to be-
 
 
    (a) subject to such restrictions on the provision of immigration advice or immigration services as the Tribunal considers appropriate;
 
    (b) suspended from providing immigration advice or immigration services for such period as the Tribunal may determine; or
 
    (c) prohibited from providing immigration advice or immigration services indefinitely.
      (9) The Commissioner must keep a record of the persons against whom there is in force a direction given by the Tribunal under subsection (8).
 
Orders by disciplinary bodies.     85. - (1) A disciplinary body may make an order directing that a person subject to its jurisdiction is to be-
 
 
    (a) subject to such restrictions on the provision of immigration advice or immigration services as the body considers appropriate;
 
    (b) suspended from providing immigration advice or immigration services for such period as the body may determine; or
 
    (c) prohibited from providing immigration advice or immigration services indefinitely.
      (2) "Disciplinary body" means any body-
 
 
    (a) appearing to the Secretary of State to be established for the purpose of hearing disciplinary charges against members of a designated professional body; and
 
    (b) specified in an order made by the Secretary of State.
      (3) The Secretary of State must consult the designated professional body concerned before making an order under subsection (2)(b).
 
      (4) For the purposes of this section, a person is subject to the jurisdiction of a disciplinary body if he is an authorised person or works under the supervision of an authorised person.
 
      (5) "Authorised person" means a person who is authorised by the designated professional body concerned to practise as a member of the profession whose members are regulated by that body.
 
 
Enforcement
Offences.     86. - (1) A person who provides immigration advice or immigration services in contravention of section 79 or of a restraining order is guilty of an offence and liable-
 
 
    (a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; or
 
    (b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.
      (2) "Restraining order" means-
 
 
    (a) a direction given by the Tribunal under section 84(8) or paragraph 9(3) of Schedule 5; or
 
    (b) an order made by a disciplinary body under section 85(1).
      (3) If an offence under this section committed by a body corporate is proved-
 
 
    (a) to have been committed with the consent or connivance of an officer, or
 
    (b) to be attributable to neglect on his part,
  the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
 
      (4) "Officer", in relation to a body corporate, means a director, manager, secretary or other similar officer of the body, or a person purporting to act in such a capacity.
 
      (5) If the affairs of a body corporate are managed by its members, subsection (3) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
 
      (6) If an offence under this section committed by a partnership in Scotland is proved-
 
 
    (a) to have been committed with the consent or connivance of a partner, or
 
    (b) to be attributable to neglect on his part,
  the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.
 
      (7) "Partner" includes a person purporting to act as a partner.
 
Enforcement.     87. - (1) If it appears to the Commissioner that a person-
 
 
    (a) is providing immigration advice or immigration services in contravention of section 79 or of a restraining order, and
 
    (b) is likely to continue to do so unless restrained,
  the Commissioner may apply to a county court for an injunction, or to the sheriff for an interdict, restraining him from doing so.
 
      (2) If the court is satisfied that the application is well-founded, it may grant the injunction or interdict in the terms applied for or in more limited terms.
 
      (3) "Restraining order" has the meaning given by section 86.
 
 
Miscellaneous
Information.     88. - (1) No enactment or rule of law prohibiting or restricting the disclosure of information prevents a person from-
 
 
    (a) giving the Commissioner information which is necessary for the discharge of his functions; or
 
    (b) giving the Tribunal information which is necessary for the discharge of its functions.
      (2) No relevant person may at any time disclose information which-
 
 
    (a) has been obtained by, or given to, the Commissioner under or for purposes of this Act,
 
    (b) relates to an identified or identifiable individual or business, and
 
    (c) is not at that time, and has not previously been, available to the public from other sources,
  unless the disclosure is made with lawful authority.
 
      (3) For the purposes of subsection (2), a disclosure is made with lawful authority only if, and to the extent that-
 
 
    (a) it is made with the consent of the individual or of the person for the time being carrying on the business;
 
    (b) it is made for the purposes of, and is necessary for, the discharge of any of the Commissioner's functions under this Act or any Community obligation of the Commissioner;
 
    (c) it is made for the purposes of any civil or criminal proceedings arising under or by virtue of this Part, or otherwise; or
 
    (d) having regard to the rights and freedoms or legitimate interests of any person, the disclosure is necessary in the public interest.
      (4) A person who knowingly or recklessly discloses information in contravention of subsection (2) is guilty of an offence and liable-
 
 
    (a) on summary conviction, to a fine not exceeding the statutory maximum; or
 
    (b) on conviction on indictment, to a fine.
      (5) "Relevant person" means a person who is or has been-
 
 
    (a) the Commissioner;
 
    (b) a member of the Commissioner's staff; or
 
    (c) an agent of the Commissioner.
 
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Prepared 30 July 1999