Legislation – Border Security, Asylum and Immigration Act 2025

“84ALimitations on acting under supervision: sanctions under this Part

(1)

A person (“P”) is not entitled to provide immigration advice or immigration services by virtue of section 84(2)(e) (persons acting under supervision) if—

(a)

P is disqualified under paragraph 4 of Schedule 6 (conviction of certain immigration offences) for registration under paragraph 2 of that Schedule or continued registration under paragraph 3 of that Schedule,

(b)

P’s registration is suspended under paragraph 4AA of Schedule 6 (suspension on grounds of risk of serious harm), or

(c)

P’s registration is suspended under paragraph 4B of Schedule 6 (suspension of persons charged with particular offences).

(2)

A person (“P”) is not entitled to provide immigration advice or immigration services by virtue of section 84(2)(e) during the relevant period if—

(a)

P’s registration has been cancelled under paragraph 4A(e) of Schedule 6 (cancellation for lack of competence etc), and

(b)

the cancellation took effect before the end of the period mentioned in subsection (3A) of section 87 because condition A in subsection (3AB) of that section (risk of serious harm) was met in relation to P.

(3)

In subsection (2) “the relevant period” means the period of 12 months beginning with the time specified in the notice under section 87(3AB) as the time at which the decision to cancel P’s registration had effect.

(4)

Subsection (2) does not apply if—

(a)

the Commissioner decides to register P or to continue P’s registration, or

(b)

the cancellation of P’s registration is overturned on appeal (unless the cancellation is subsequently reinstated as a result of a further appeal).

(5)

A person (“P”) is not entitled to provide immigration advice or immigration services by virtue of section 84(2)(e) if—

(a)

P’s registration has been cancelled under paragraph 4A(e) of Schedule 6, and

(b)

the cancellation took effect before the end of the period mentioned in subsection (3A) of section 87 because condition B in subsection (3AC) of that section (conviction of particular offences) was met in relation to P.

(6)

Subsection (5) does not apply if—

(a)

P’s conviction of the offence mentioned in section 87(3AC) is quashed or set aside,

(b)

the Commissioner decides to register P or to continue P’s registration, or

(c)

the cancellation of P’s registration is overturned on appeal (unless the cancellation is subsequently reinstated as a result of a further appeal).

(7)

A person (“P”) other than a person to whom subsection (1), (2) or (5) applies is not entitled to provide immigration advice or immigration services by virtue of section 84(2)(e) if—

(a)

subsection (8) applied to P when P entered into the arrangement for supervision, and

(b)

P did not inform the person by whom P was to be supervised of that fact before entering into that arrangement.

(8)

This subsection applies to P if—

(a)

P is or has previously been subject to a direction by the First-tier Tribunal under section 89(2A)(a) (directions in connection with registration),

(b)

P is or has previously been subject to a direction by the First-tier Tribunal under section 89(8)(a) (restrictions on provision of immigration advice or immigration services),

(c)

P has previously been subject to a direction by the First-tier Tribunal under section 89(8)(b) (suspension from provision of immigration advice or immigration services),

(d)

P is or has previously been subject to an order made by a disciplinary body under section 90(1)(a) (restrictions on provision of immigration advice or immigration services),

(e)

P has previously been subject to an order made by a disciplinary body under section 90(1)(b) (suspension from provision of immigration advice or immigration services),

(f)

P has at any time been given a penalty notice under section 92C (power to impose monetary penalties),

(g)

P’s registration has at any time been cancelled under paragraph 6(3)(a) of Schedule 5 (failure to assist with investigation),

(h)

P’s registration has at any time been cancelled under paragraph 10A(7) or (8) of Schedule 5 (failure to allow access to premises etc),

(i)

P’s registration has at any time been cancelled under paragraph 4A(d) or (e) of Schedule 6 (cancellation following direction by First-tier Tribunal or for lack of competence etc),

(j)

P’s registration has previously been suspended under paragraph 4AA of Schedule 6, or

(k)

P’s registration has previously been suspended under paragraph 4B of Schedule 6.

(9)

Subsection (7) does not apply if, before the time mentioned in subsection (7)(a), the direction, order, penalty, cancellation or suspension referred to in subsection (8)—

(a)

had been reversed, cancelled or quashed,

(b)

had been overturned on appeal (and had not subsequently been reinstated as a result of a further appeal), or

(c)

in the case of suspension under paragraph 4B of Schedule 6, had ceased to have effect by virtue of sub-paragraph (2) of that paragraph.

84BLimitations on acting under supervision: other sanctions

(1)

The Secretary of State may by regulations provide that a person is not entitled to provide immigration advice or immigration services by virtue of section 84(2)(e) where—

(a)

the person is subject to a professional sanction of a kind specified in the regulations, or

(b)

in the circumstances specified in the regulations, the person is disqualified or suspended from practice as a member of a relevant profession.

(2)

The Secretary of State may by regulations provide that a person (“P”) is not entitled to provide immigration advice or immigration services by virtue of section 84(2)(e) where—

(a)

when P entered into the arrangement for supervision—

(i)

P was or had previously been subject to a professional sanction of a kind specified in the regulations, or

(ii)

in the circumstances specified in the regulations, P was or had previously been disqualified or suspended from practice as a member of a relevant profession, and

(b)

P did not inform the person by whom P was to be supervised of that fact before entering into the arrangement for supervision.

(3)

In this section—

“professional sanction” means an order, direction or decision which is imposed, given or made by, or other action which is taken by—

(a)

a designated professional body,

(b)

a designated qualifying regulator,

(c)

a relevant disciplinary body,

(d)

an Inn of Court, or

(e)

a judge, court or tribunal in the exercise of a function in relation to the provision of legal services;

“relevant disciplinary body” means a body established wholly or partly for the purpose of exercising disciplinary functions in relation to—

(a)

members of a designated professional body, or

(b)

persons regulated by a designated qualifying regulator;

“relevant profession” means a profession which is regulated by a designated professional body or a designated qualifying regulator.”