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

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Designated professional bodies.     83. - (1) "Designated professional body" means-
 
 
    (a) The Law Society;
 
    (b) The Law Society of Scotland;
 
    (c) The Law Society of Northern Ireland;
 
    (d) The Institute of Legal Executives;
 
    (e) The General Council of the Bar;
 
    (f) The Faculty of Advocates; or
 
    (g) The General Council of the Bar of Northern Ireland.
      (2) If the Secretary of State considers that a designated professional body has consistently failed to provide effective regulation of its members in their provision of immigration advice or immigration services, he may by order amend subsection (1) to remove the name of that body.
 
      (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;
 
    (b) consult the Legal Services Ombudsman, if the proposed order would affect a designated professional body in England and Wales;
 
    (c) consult the Scottish Legal Services Ombudsman, if the proposed order would affect a designated professional body in Scotland;
 
    (d) 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;
 
    (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 Lord Chancellor, if it affects a designated professional body in England and Wales or Northern Ireland;
 
    (b) the Scottish Ministers, if it affects a designated professional body in Scotland.
      (6) 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.
      (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 which-
 
 
    (a) is concerned (whether wholly or in part) with regulating the legal profession, or a branch of it, in an EEA State,
 
    (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
 
    (b) report to the Secretary of State if he considers that a designated professional body is failing to provide effective regulation of its members in their provision of immigration advice or immigration services.
      (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.
 
 
The Immigration Services Tribunal
The Tribunal.     84. - (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 81(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.     85. - (1) This section applies if the Tribunal allows an appeal under section 84.
 
      (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 81(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.     86. - (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 81(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 extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.
      (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.     87. - (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.
 
 
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Prepared 22 October 1999