SCHEDULES

SCHEDULE 5U.K. The Immigration Services Commissioner

Part IU.K. Regulatory Functions

Investigation of complaintsU.K.

5(1)The Commissioner must establish a scheme (“the complaints scheme”) for the investigation by him of relevant complaints made to him in accordance with the provisions of the scheme.U.K.

(2)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.

(3)A complaint is a relevant complaint if it relates to—

(a)the competence or fitness of a person to provide immigration advice or immigration services,

(b)the competence or fitness of a person [F1acting on behalf of] a person providing immigration advice or immigration services,

(c)an alleged breach of the Code,

(d)an alleged breach of one or more of the Commissioner’s rules by a person to whom they apply, or

[F2(e)an alleged breach of a rule of a relevant regulatory body,]

[F3but not if the complaint is excluded by sub-paragraph (3A).]

[F4(3A)A complaint is excluded if—

(a)it relates to a person who is excluded from the application of subsection (1) of section 84 by subsection (6) of that section, or

(b)it relates to a person within section 84(2)(ba).]

(4)The Commissioner may, on his own initiative, investigate any matter which he would have power to investigate on a complaint made under the complaints scheme.

(5)In investigating any such matter on his own initiative, the Commissioner must proceed as if his investigation were being conducted in response to a complaint made under the scheme.

6(1)The complaints scheme must provide for a person who is the subject of an investigation under the scheme to be given a reasonable opportunity to make representations to the Commissioner.U.K.

(2)Any person who is the subject of an investigation under the scheme must—

(a)take such steps as are reasonably required to assist the Commissioner in his investigation; and

(b)comply with any reasonable requirement imposed on him by the Commissioner.

(3)If a person fails to comply with sub-paragraph (2)(a) or with a requirement imposed under sub-paragraph (2)(b) the Commissioner may—

(a)in the case of a registered person, cancel his registration;

(b)in the case of a person certified by the Commissioner as exempt under section 84(4)(a), withdraw his exemption; or

[F5(c)in any other case, refer the matter to any relevant regulatory body.]