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Enforcement |
| Offences. |
81. - (1) A person who provides immigration advice or immigration services in contravention of section 74 or of a restraining order is guilty of an offence and liable-
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(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 |
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(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both. |
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(2) "Restraining order" means-
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(a) a direction given by the Tribunal under section 79(7) or paragraph 8(3) of Schedule 5; or |
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(b) an order made by a disciplinary body under section 80(1). |
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(3) If an offence under this section committed by a body corporate is proved-
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(a) to have been committed with the consent or connivance of an officer, or |
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(b) to be attributable to neglect on his part, |
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the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
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(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.
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(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.
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(6) If an offence under this section committed by a partnership in Scotland is proved-
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(a) to have been committed with the consent or connivance of a partner, or |
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(b) to be attributable to neglect on his part, |
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the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.
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(7) "Partner" includes a person purporting to act as a partner.
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| Enforcement. |
82. - (1) If it appears to the Commissioner that a person-
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(a) is providing immigration advice or immigration services in contravention of section 74 or of a restraining order, and |
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(b) is likely to continue to do so unless restrained, |
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the Commissioner may apply to a county court for an injunction, or to the sheriff for an interdict, restraining him from doing so.
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(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.
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(3) "Restraining order" has the meaning given by section 81.
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Miscellaneous |
| Information. |
83. - (1) No enactment or rule of law prohibiting or restricting the disclosure of information prevents a person from-
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(a) giving the Commissioner information which is necessary for the discharge of his functions; or |
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(b) giving the Tribunal information which is necessary for the discharge of its functions. |
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(2) No relevant person may at any time disclose information which-
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(a) has been obtained by, or given to, the Commissioner under or for purposes of this Act, |
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(b) relates to an identified or identifiable individual or business, and |
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(c) is not at that time, and has not previously been, available to the public from other sources, |
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unless the disclosure is made with lawful authority.
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(3) For the purposes of subsection (2), a disclosure is made with lawful authority only if, and to the extent that-
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(a) it is made with the consent of the individual or of the person for the time being carrying on the business; |
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(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; |
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(c) it is made for the purposes of any civil or criminal proceedings arising under or by virtue of this Part, or otherwise; or |
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(d) having regard to the rights and freedoms or legitimate interests of any person, the disclosure is necessary in the public interest. |
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(4) A person who knowingly or recklessly discloses information in contravention of subsection (2) is guilty of an offence and liable-
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(a) on summary conviction, to a fine not exceeding the statutory maximum; or |
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(b) on conviction on indictment, to a fine. |
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(5) "Relevant person" means a person who is or has been-
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(b) a member of the Commissioner's staff; or |
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(c) an agent of the Commissioner. |
