 | |
|
SCHEDULE 6 |
|
REGISTRATION |
| Applications for registration |
| 1. - (1) An application for registration under section 81(2)(a) or (b) must- |
|
(a) be made to the Commissioner in such form and manner, and |
|
(b) be accompanied by such information and supporting evidence, |
|
as the Commissioner may from time to time determine. |
|
(2) When considering an application for registration, the Commissioner may require the applicant to provide him with such further information or supporting evidence as the Commissioner may reasonably require. |
| Registration |
| 2. - (1) If the Commissioner considers that an applicant for registration is competent and otherwise fit to provide immigration advice and immigration services, he must register the applicant. |
|
(2) Registration may be made so as to have effect- |
|
(a) only in relation to a specified field of advice or services; |
|
(b) only in relation to the provision of advice or services to a specified category of person; |
|
(c) only in relation to the provision of advice or services to a member of a specified category of person; or |
|
(d) only in specified circumstances. |
| Review of qualifications |
| 3. - (1) At such intervals as the Commissioner may determine, each registered person must submit an application for his registration to be continued. |
|
(2) Different intervals may be fixed by the Commissioner in relation to different registered persons or descriptions of registered person. |
|
(3) An application for continued registration must- |
|
(a) be made to the Commissioner in such form and manner, and |
|
(b) be accompanied by such information and supporting evidence, |
|
as the Commissioner may from time to time determine. |
|
(4) When considering an application for continued registration, the Commissioner may require the applicant to provide him with such further information or supporting evidence as the Commissioner may reasonably require. |
|
(5) If the Commissioner considers that an applicant for continued registration is no longer competent or is otherwise unfit to provide immigration advice or immigration services, he must cancel the applicant's registration. |
|
(6) Otherwise, the Commissioner must continue the applicant's registration but may, in doing so, vary the registration- |
|
(a) so as to make it have limited effect in any of the ways mentioned in paragraph 2(2); or |
|
(b) so as to make it have full effect. |
|
(7) If a registered person fails, without reasonable excuse- |
|
(a) to make an application for continued registration as required by sub-paragraph (1) or by a direction given by the Tribunal under section 86(3)(b), or |
|
(b) to provide further information or evidence under sub-paragraph (4), |
|
the Commissioner may cancel the person's registration as from such date as he may determine. |
| Disqualification of certain persons |
| 4. A person convicted of an offence under section 25 or 26(1)(d) or (g) of the 1971 Act is disqualified for registration under paragraph 2 or for continued registration under paragraph 3. |
| Fees |
| 5. - (1) The Secretary of State may by order specify fees for the registration or continued registration of persons on the register. |
|
(2) No application under paragraph 1 or 3 is to be entertained by the Commissioner unless it is accompanied by the specified fee. |
| Open registers |
| 6. - (1) The register must be made available for inspection by members of the public in a legible form at reasonable hours. |
|
(2) A copy of the register or of any entry in the register must be provided- |
|
(a) on payment of a reasonable fee; |
|
(b) in written or electronic form; and |
|
|
|
(3) Sub-paragraphs (1) and (2) also apply to- |
|
(a) the record kept by the Commissioner of the persons to whom he has issued a certificate of exemption under section 81(4)(a); and |
|
(b) the record kept by the Commissioner of the persons against whom there is in force a direction given by the Tribunal under section 86(8). |