|
| |
|
(4) | In subsection (2)(c) the reference to persons who are also authorised by the |
| |
applicant to carry on activities which are reserved legal activities includes, |
| |
in relation to any application by the Law Society, registered foreign lawyers |
| |
(within the meaning of section 89 of the Courts and Legal Services Act 1990). |
| |
| 5 |
(a) | the application and accompanying material, |
| |
(b) | any other information provided by the applicant, |
| |
(c) | any advice duly given and representations duly made by virtue of |
| |
| |
(d) | any other information which the Board considers relevant to the |
| 10 |
| |
| the Board must decide whether to grant the application. |
| |
(2) | The Board must give notice of its decision to the applicant (“the decision |
| |
| |
(3) | Where the Board decides to refuse the application, the decision notice must |
| 15 |
specify the reasons for that decision. |
| |
(4) | The Board must publish the decision notice. |
| |
(5) | Paragraph 15 of Schedule 4 (period within which decision must be made) |
| |
applies in relation to a decision notice under this paragraph as it applies in |
| |
relation to a decision notice under paragraph 14 of that Schedule. |
| 20 |
| |
7 (1) | Where an application is granted under paragraph 6, the decision notice must |
| |
specify that the applicant is a qualifying regulator for the purposes of Part 5 |
| |
of the Immigration and Asylum Act 1999 (c. 33). |
| |
(2) | Where an application is granted under paragraph 6, the proposed |
| 25 |
regulatory arrangements are at the same time treated as having been |
| |
| |
(3) | But if the application was made in reliance upon paragraph 3(3)(b), the |
| |
applicant’s status as such a qualifying regulator and the approval of its |
| |
proposed regulatory arrangements under sub-paragraph (2) are conditional |
| 30 |
upon the Lord Chancellor making an order under Part 2 of Schedule 4 |
| |
designating the body as an approved regulator in relation to one or more |
| |
reserved legal activities. |
| |
Loss of qualifying regulator status |
| |
8 (1) | Where a qualifying regulator— |
| 35 |
(a) | ceases to be an approved regulator, or |
| |
(b) | ceases to be a designated qualifying regulator within the meaning of |
| |
section 86A of the Immigration and Asylum Act 1999 by virtue of an |
| |
order under subsection (3) or (4) of that section, |
| |
| it also ceases to be a qualifying regulator. |
| 40 |
(2) | But sub-paragraph (1) is without prejudice to a body’s ability to make a |
| |
further application under paragraph 3. |
| |
|
| |
|
| |
|
(3) | If a body in the list in paragraph 2 ceases to be a qualifying regulator by |
| |
virtue of sub-paragraph (1), the Lord Chancellor must, by order, remove it |
| |
| |
| |
Amendments of the Immigration and Asylum Act 1999 (c. 33) |
| 5 |
9 | The Immigration and Asylum Act 1999 is amended in accordance with this |
| |
| |
10 | In section 82(1) (interpretation of Part 5), after the definition of “designated |
| |
professional body” insert— |
| |
““designated qualifying regulator” has the meaning given by |
| 10 |
| |
11 | In section 83 (the Immigration Services Commissioner), after subsection (6) |
| |
| |
“(6A) | The duties imposed on the Commissioner by subsections (3) and (5) |
| |
apply in relation to persons within section 84(2)(ba) only to the |
| 15 |
extent that those duties have effect in relation to the Commissioner’s |
| |
functions under section 92 or 92A.” |
| |
12 (1) | Section 84 (provision of immigration services) is amended as follows. |
| |
| |
(a) | after paragraph (b) insert— |
| 20 |
“(ba) | a person authorised to provide immigration advice or |
| |
immigration services by a designated qualifying |
| |
| |
(b) | in paragraph (c)(ii) after “(b)” insert “or (ba)”. |
| |
(3) | After subsection (3) insert— |
| 25 |
“(3A) | A person’s entitlement to provide immigration advice or |
| |
immigration services by virtue of subsection (2)(ba)— |
| |
(a) | is subject to any limitation on that person’s authorisation |
| |
imposed by the regulatory arrangements of the designated |
| |
qualifying regulator in question, and |
| 30 |
(b) | does not extend to the provision of such advice or services by |
| |
the person other than in England and Wales (regardless of |
| |
whether the persons to whom they are provided are in |
| |
England and Wales or elsewhere). |
| |
(3B) | In subsection (3A) “regulatory arrangements” has the same meaning |
| 35 |
as in the Legal Services Act 2007 (see section 21 of that Act).” |
| |
13 (1) | Section 86 (designated professional bodies) is amended as follows. |
| |
(2) | Omit subsections (1)(a), (d) and (e) and (4)(b). |
| |
(3) | In subsection (5)(a) omit “England and Wales or”. |
| |
| 40 |
(a) | omit paragraph (a), and |
| |
(b) | in paragraph (b) for “it” substitute “the order”. |
| |
|
| |
|
| |
|
(5) | In subsection (8) after “that a body” insert “(other than a body in England |
| |
| |
14 | After section 86 insert— |
| |
“86A | Designated qualifying regulators |
| |
(1) | “Designated qualifying regulator” means a body which is a |
| 5 |
qualifying regulator and is listed in subsection (2). |
| |
(2) | The listed bodies are— |
| |
| |
(b) | the Institute of Legal Executives; |
| |
(c) | the General Council of the Bar. |
| 10 |
(3) | The Secretary of State may by order remove a body from the list in |
| |
subsection (2) if the Secretary of State considers that the body has |
| |
failed to provide effective regulation of relevant authorised persons |
| |
in their provision of immigration advice or immigration services. |
| |
(4) | If a designated qualifying regulator asks the Secretary of State to |
| 15 |
amend subsection (2) so as to remove its name, the Secretary of State |
| |
| |
(5) | Where, at a time when a body is listed in subsection (2), the body |
| |
ceases to be a qualifying regulator by virtue of paragraph 8(1)(a) of |
| |
Schedule 18 to the Legal Services Act 2007 (loss of approved |
| 20 |
regulator status), the Secretary of State must, by order, remove it |
| |
| |
(6) | If the Secretary of State considers that a body which— |
| |
(a) | is a qualifying regulator, |
| |
(b) | is not a designated qualifying regulator, and |
| 25 |
(c) | is capable of providing effective regulation of relevant |
| |
authorised persons in their provision of immigration advice |
| |
| |
| ought to be designated, the Secretary of State may, by order, amend |
| |
the list in subsection (2) to include the name of that body. |
| 30 |
(7) | If the Secretary of State is proposing to act under subsection (3) or (6), |
| |
the Secretary of State must, before doing so, consult the |
| |
| |
(8) | If the Secretary of State is proposing to act under subsection (3), the |
| |
Secretary of State must, before doing so, also — |
| 35 |
(a) | notify the body concerned of the proposal and give it a |
| |
reasonable period within which to make representations, and |
| |
(b) | consider any representations duly made. |
| |
(9) | An order under subsection (3) or (6) requires the approval of the |
| |
| 40 |
(10) | If the Legal Services Board considers that a designated qualifying |
| |
regulator is failing to provide effective regulation of relevant |
| |
authorised persons in their provision of immigration advice or |
| |
immigration services, the Legal Services Board must make a report |
| |
| 45 |
|
| |
|
| |
|
(a) | the Secretary of State, and |
| |
| |
| |
“qualifying regulator” means a body which is a qualifying |
| |
regulator for the purposes of this Part of this Act by virtue of |
| 5 |
Part 1 of Schedule 18 to the Legal Services Act 2007 (approved |
| |
regulators approved by the Legal Services Board in relation |
| |
| |
“relevant authorised persons”, in relation to a designated |
| |
qualifying regulator, means persons who are authorised by |
| 10 |
the designated qualifying regulator to provide immigration |
| |
advice or immigration services.” |
| |
15 (1) | Section 90 (orders by disciplinary bodies) is amended as follows. |
| |
(2) | In subsection (2), for paragraph (a) substitute— |
| |
“(a) | appearing to the Secretary of State to be established for the |
| 15 |
purpose of hearing disciplinary charges against— |
| |
(i) | members of a designated professional body, or |
| |
(ii) | persons regulated by designated qualifying |
| |
| |
(3) | In subsection (3) after “body” insert “or designated qualifying regulator”. |
| 20 |
| |
(a) | after “means” insert “— |
| |
| |
(b) | after “that body” insert “, or |
| |
(b) | a person who is authorised by the designated |
| 25 |
qualifying regulator concerned to provide |
| |
immigration advice or immigration services.” |
| |
16 | In section 166(4) (orders requiring approval by Parliament), after paragraph |
| |
| |
| 30 |
17 (1) | Schedule 5 (the Immigration Services Commissioner) is amended as follows. |
| |
(2) | In paragraph 3 (code of standards)— |
| |
(a) | after sub-paragraph (3)(a) insert— |
| |
“(aa) | a person who is authorised by a |
| |
designated qualifying regulator to |
| 35 |
provide immigration advice or |
| |
| |
(b) | in sub-paragraph (3)(b) after “paragraph (a)” insert “or (aa)”, |
| |
(c) | after sub-paragraph (6)(a) insert— |
| |
“(aa) | each of the designated qualifying |
| 40 |
| |
(d) | omit sub-paragraph (6)(b). |
| |
(3) | In paragraph 4 (extension of scope of the code)— |
| |
(a) | omit sub-paragraph (2)(b), |
| |
(b) | in sub-paragraph (3)(a) omit “England and Wales or”, and |
| 45 |
(c) | omit sub-paragraph (4)(a). |
| |
|
| |
|
| |
|
(4) | In paragraph 5 (investigation of complaints)— |
| |
(a) | in sub-paragraph (3), for the words from “but” to the end |
| |
| |
| “but not if the complaint is excluded by sub-paragraph |
| |
| 5 |
(b) | after that sub-paragraph insert— |
| |
“(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 |
| 10 |
(b) | it relates to a person within section 84(2)(ba).” |
| |
| |
| |
| |
18 (1) | In this Part of this Schedule references to “the transitional period” are to the |
| 15 |
| |
(a) | begins with the day appointed for the coming into force of section 13 |
| |
(entitlement to carry on reserved legal activities), and |
| |
(b) | ends with the day appointed by the Lord Chancellor by order for the |
| |
purposes of this paragraph. |
| 20 |
(2) | Different days may be appointed under sub-paragraph (1)(b) for different |
| |
| |
(3) | An order may be made under sub-paragraph (1)(b) only on the |
| |
recommendation of the Board. |
| |
| 25 |
19 (1) | During the transitional period, every barrister is deemed to be authorised by |
| |
the General Council of the Bar to provide immigration advice and |
| |
| |
(2) | That authority is exercisable in accordance with, and subject to, the |
| |
regulatory arrangements of the General Council of the Bar. |
| 30 |
(3) | A person is not authorised under sub-paragraph (1) unless the person has in |
| |
force a certificate issued by the General Council of the Bar authorising the |
| |
person to practise as a barrister. |
| |
20 (1) | During the transitional period, every registered European lawyer registered |
| |
with the Inns of Court and the General Council of the Bar is deemed to be |
| 35 |
authorised by the General Council of the Bar to provide immigration advice |
| |
and immigration services if the registered European lawyer is entitled to |
| |
provide immigration advice and immigration services under his home |
| |
professional title by virtue of the European regulations. |
| |
(2) | That authority is exercisable in accordance with, and subject to, the |
| 40 |
regulatory arrangements of the General Council of the Bar (as they apply to |
| |
the registered European lawyer by virtue of the European regulations). |
| |
| |
|
| |
|
| |
|
“European regulations” means the European Communities (Lawyer’s |
| |
Practice) Regulations 2000 (S.I. 2000/1119); |
| |
“home professional title” and “registered European lawyer” have the |
| |
same meaning as in the European regulations. |
| |
| 5 |
21 (1) | During the transitional period, each of the following is deemed to be |
| |
authorised by the Law Society to provide immigration advice and |
| |
| |
(a) | every qualified solicitor; |
| |
(b) | every registered foreign lawyer (within the meaning of section 89 of |
| 10 |
the Courts and Legal Services Act 1990 (c. 41)); |
| |
(c) | every legal partnership (within the meaning of paragraph 7(4) of |
| |
| |
(d) | every body recognised under section 9 of the Administration of |
| |
Justice Act 1985 (c. 61). |
| 15 |
(2) | That authority is exercisable in accordance with, and subject to, the |
| |
regulatory arrangements of the Law Society. |
| |
(3) | “Qualified solicitor” means a person who is qualified under section 1 of the |
| |
Solicitors Act 1974 (c. 47) to act as a solicitor. |
| |
22 (1) | During the transitional period, every registered European lawyer registered |
| 20 |
with the Law Society is deemed to be authorised by the Law Society to |
| |
provide immigration advice and immigration services if the registered |
| |
European lawyer is entitled to provide immigration advice and immigration |
| |
services under his home professional title by virtue of the European |
| |
| 25 |
(2) | That authority is exercisable in accordance with, and subject to, the |
| |
regulatory arrangements of the Law Society (as they apply to the registered |
| |
European lawyer by virtue of the European regulations). |
| |
| |
“European regulations” means the European Communities (Lawyer’s |
| 30 |
Practice) Regulations 2000 (S.I. 2000/1119); |
| |
“home professional title” and “registered European lawyer” have the |
| |
same meaning as in the European regulations. |
| |
| |
23 (1) | During the transitional period, a person who is authorised by the Institute of |
| 35 |
Legal Executives to practise as a member of the profession of legal |
| |
executives is deemed to be authorised by that Institute to provide |
| |
immigration advice and immigration services. |
| |
(2) | That authority is exercisable in accordance with and subject to the regulatory |
| |
arrangements of the Institute of Legal Executives. |
| 40 |
(3) | A person is not authorised under sub-paragraph (1) unless the person has in |
| |
force a certificate issued by the Institute of Legal Executives authorising the |
| |
person to practise as a legal executive. |
| |
|
| |
|