Legislation – Border Security, Asylum and Immigration Act 2025

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Schedules

Schedule 1Immigration advisers and immigration service providers

Section 43

Introductory

1

The Immigration and Asylum Act 1999 is amended as follows.

Power to amend definition of “relevant matters”

2

In section 82 (interpretation of Part 5), after subsection (3) insert—

“(4)

The Secretary of State may by regulations amend the definition of “relevant matters” in subsection (1).

(5)

Regulations under subsection (4) may make consequential amendments to this section.”

3 (1)

In section 166(5) (regulations subject to the affirmative procedure), after paragraph (c) insert—

“(cza)

section 82(4),”.

(2)

If sub-paragraph (1) comes into force before the coming into force of paragraph 24(2) of Schedule 11 to the Immigration Act 2016, sub-paragraph (1) has effect as if after “procedure),” there were inserted “omit the “or” at the end of paragraph (c) and”.

Suspension etc of registration

4

In section 84(3)(b) (effect of suspension of registration on person’s registration), for “4B(5)” substitute “4C(1)”.

5 (1)

Section 87 (appeals to First-tier Tribunal) is amended as follows.

(2)

After subsection (3A) insert—

“(3AA)

Subsection (3A) does not apply in relation to a decision to cancel a person’s registration under paragraph 4A(e) of Schedule 6 if condition A or B is met.

(3AB)

Condition A is that the Commissioner notifies the person to whom the decision relates (“the relevant person”) in writing that—

(a)

the Commissioner considers that the relevant person is acting or has acted in a way which—

(i)

creates a risk of serious harm to persons seeking immigration advice or immigration services, or

(ii)

creates a risk of serious harm to the system of immigration control in the United Kingdom, and

(b)

accordingly, the decision to cancel the relevant person’s registration has effect from the time specified in the notice and while the period mentioned in subsection (3A) is running.

(3AC)

Condition B is that the person’s registration has been cancelled wholly or partly on the basis that the person has been convicted of—

(a)

an offence involving dishonesty or deception, or

(b)

an indictable offence.”

(3)

After subsection (3C) insert—

“(3D)

Tribunal Procedure Rules may not permit a direction of the kind mentioned in subsection (3B) in relation to a decision to cancel a person’s registration under paragraph 4A(e) of Schedule 6 where the person meets condition B in subsection (3AC).”

(4)

In subsection (4), for the words from “paragraph 4B” to the end of the subsection substitute “paragraphs 4AA and 4B of Schedule 6 (appeals against suspension by the Commissioner).”

(5)

After subsection (4) insert—

“(4A)

For the purposes of this section, conduct creates a risk of serious harm to the system of immigration control in the United Kingdom if, in particular, it involves—

(a)

abuse of a procedure operating in the United Kingdom in connection with immigration or asylum (including any appellate or other judicial procedure), or

(b)

advice to any person to do something which would amount to such an abuse.”

6 (1)

Schedule 6 (registration) is amended as follows.

(2)

Before paragraph 4B (but after the italic heading before that paragraph) insert—

“4AA

(1)

The Commissioner may, by notice in writing to a registered person, suspend the person’s registration from the time specified in the notice if—

(a)

the Commissioner has reason to suspect that the registered person is acting or has acted in a way which—

(i)

creates a risk of serious harm to persons seeking immigration advice or immigration services, or

(ii)

creates a risk of serious harm to the system of immigration control in the United Kingdom, and

(b)

accordingly, the Commissioner considers it is necessary to suspend the person’s registration.

(2)

The Commissioner—

(a)

may, by notice in writing to a person whose registration has been suspended under sub-paragraph (1), cancel the suspension of the person’s registration, and

(b)

must do so if the Commissioner is no longer satisfied that paragraph (a) or (b) of that sub-paragraph applies in relation to that person.

(3)

If a person’s registration has been suspended under sub-paragraph (1), the Commissioner must consider whether the suspension should be cancelled—

(a)

before the end of the period of 7 working days beginning with the working day after the day on which the Commissioner issued the notice of the suspension, and

(b)

before the end of each subsequent period of 7 working days.

(4)

A person whose registration is suspended under sub-paragraph (1) may appeal to the First-tier Tribunal against the suspension.

(5)

For the purposes of this paragraph, conduct creates a risk of serious harm to the system of immigration control in the United Kingdom if, in particular, it involves—

(a)

abuse of a procedure operating in the United Kingdom in connection with immigration or asylum (including any appellate or other judicial procedure), or

(b)

advice to any person to do something which would amount to such an abuse.

(6)

In this paragraph “working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.”

(3)

In paragraph 4B—

(a)

for sub-paragraph (1) substitute—

“(1)

The Commissioner may, by notice in writing to a registered person, suspend the person’s registration from the time specified in the notice if the person is charged with—

(a)

an offence involving dishonesty or deception,

(b)

an indictable offence, or

(c)

an offence under section 25 or 26(1)(d) or (g) of the 1971 Act.

(1A)

The Commissioner may, by notice in writing to a person whose registration has been suspended under sub-paragraph (1), cancel the suspension of the person’s registration.

(1B)

A person whose registration is suspended under sub-paragraph (1) may appeal to the First-tier Tribunal against the suspension.”,

(b)

in sub-paragraph (2), in the opening words, for “The suspension” substitute “Otherwise, the suspension under sub-paragraph (1)”, and

(c)

omit sub-paragraphs (5) to (7).

(4)

After paragraph 4B insert—

“4C

(1)

A person whose registration is suspended under paragraph 4AA or 4B is not to be treated as a registered person for the purposes of section 84 (but is to be treated as a registered person for the purposes of the other provisions of this Part).

(2)

Where a person’s registration is suspended under paragraph 4AA or 4B the Commissioner must as soon as reasonably practicable record the suspension in the register.

(3)

Where a suspension under paragraph 4AA or 4B ceases to have effect (and the person’s registration is not cancelled) the Commissioner must as soon as reasonably practicable remove the record of suspension from the register.”

Provision of immigration advice or immigration services under supervision

7

In section 84 (provision of immigration services), after subsection (3B) insert—

“(3C)

A person’s entitlement to provide immigration advice or immigration services by virtue of subsection (2)(e) is subject to section 84A and regulations under section 84B.”

8

After section 84 insert—

“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.”

Monetary penalties

9

After section 92B insert—

“92CPower to impose monetary penalties

(1)

The Commissioner may give a relevant person a penalty notice if the Commissioner is satisfied on the balance of probabilities that the relevant person—

(a)

has failed to comply with—

(i)

the duty imposed on the person by paragraph 3(4) of Schedule 5 (duty to comply with Code of Standards) or paragraph 6(2) of that Schedule (duty to assist with investigation of complaint), or

(ii)

any other requirement imposed on the person by or under this Part, or

(b)

has, without reasonable excuse, obstructed the Commissioner in the exercise of the Commissioner’s functions under paragraph 4A of Schedule 5 (power to carry out inspections).

(2)

In this section “relevant person”, in relation to the giving of a penalty notice, means a person who was a registered person at the time of the act or omission in relation to which the notice is given.

(3)

A penalty notice is a notice requiring the person to whom it is given to pay to the Commissioner—

(a)

an amount specified in regulations made by the Secretary of State (a “fixed penalty notice”), or

(b)

an amount specified by the Commissioner in the notice (a “variable penalty notice”).

(4)

The Commissioner may give a person who is not a relevant person a penalty notice if the Commissioner is satisfied on the balance of probabilities that the person has failed to comply with the duty imposed on the person by paragraph 6(2) of Schedule 5.

(5)

The Commissioner may give an unqualified person a penalty notice if the Commissioner is satisfied on the balance of probabilities that the person has committed an offence under section 91 or 92B.

(6)

In subsection (5) “unqualified person”, in relation to the giving of a penalty notice, means a person who was not a qualified person at the time of the act or omission in relation to which the notice is given.

(7)

An amount specified in regulations under subsection (3)(a), and the amount specified in a variable penalty notice, must not exceed—

(a)

in the case of a penalty imposed on a person under subsection (5) in relation to the commission of an offence under section 92B, the maximum amount of the fine that could be imposed on the person on summary conviction for the offence;

(b)

in any other case, £15,000.

(8)

The Secretary of State may by regulations amend the amount for the time being specified in subsection (7)(b).

(9)

In this section and sections 92D to 92H—

“penalty notice” means a notice under this section;

“fixed penalty notice” and “variable penalty notice” have the meanings given by subsection (3).

92DProcedure for imposing penalties

(1)

Before giving a penalty notice to a person the Commissioner must notify the person of the Commissioner’s intention to do so.

(2)

The notice under subsection (1) must—

(a)

specify the proposed amount of the penalty,

(b)

specify the Commissioner’s reasons for proposing to impose the penalty,

(c)

specify the period during which the person may make representations about the proposal (“the specified period”), and

(d)

specify the way in which those representations may be made.

(3)

The specified period must not be less than 28 days beginning with the date on which the notice under subsection (1) is given.

(4)

The Commissioner must have regard to any representations made by a person during the specified period in deciding—

(a)

whether to give a penalty notice to the person, and

(b)

if the Commissioner decides to give a variable penalty notice to the person, the amount of the penalty specified in the notice.

(5)

Where the Commissioner gives a penalty notice to a person, the notice must specify—

(a)

the amount of the penalty, and

(b)

the period within which the penalty must be paid (“the payment period”).

(6)

The penalty notice must also contain information as to—

(a)

the grounds for the penalty,

(b)

how payment may be made,

(c)

the details of any early payment discount or late payment penalty included by virtue of subsection (7),

(d)

the consequences of non-payment,

(e)

rights of appeal, and

(f)

the period within which an appeal may be made.

(7)

The penalty notice may include provision for the amount payable under the notice—

(a)

to reduce in the event of early payment;

(b)

to increase in the event of payment after the end of the payment period.

92EAppeals against penalties

(1)

A person to whom a penalty notice has been given may appeal to the First-tier Tribunal against—

(a)

the decision to give the person a penalty notice;

(b)

where the notice given is a variable penalty notice, the amount of the penalty specified in the notice.

(2)

On an appeal under this section, the Tribunal may—

(a)

cancel the penalty,

(b)

confirm the requirement to pay the penalty, or

(c)

in the case of an appeal under subsection (1)(b), amend the amount of the penalty.

(3)

The requirement to pay the penalty under the notice is suspended at any time when—

(a)

an appeal under this section could be brought by the person in respect of the penalty, or

(b)

such an appeal is pending.

(4)

But subsection (3)(a) does not prevent the requirement to pay taking effect if the person notifies the Commissioner that the person does not intend to appeal.

(5)

No further amount is payable as a result of provision included in the penalty notice by virtue of section 92D(7)(b) in respect of the period during which the requirement to pay is suspended.

(6)

For the purposes of subsection (3)(b) an appeal is pending during the period—

(a)

starting when the appeal is brought, and

(b)

ending when the appeal is finally determined, abandoned or withdrawn.

92FEnforcement of penalty notices

(1)

This section applies if a person who is liable to pay an amount to the Commissioner under a penalty notice has not paid the whole or any part of that amount when it is required to be paid.

(2)

In England and Wales the Commissioner may recover the unpaid amount on the order of the county court as if it were payable under an order of that court.

(3)

In Scotland payment of the unpaid amount may be enforced in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

(4)

In Northern Ireland the Commissioner may recover the unpaid amount on the order of a county court as if it were payable under an order of that court.

92GGuidance about penalties

(1)

The Commissioner must prepare and publish guidance about the Commissioner’s use of the power to give a penalty notice.

(2)

The guidance must, in particular, include information as to—

(a)

the circumstances in which the Commissioner is likely to give—

(i)

a fixed penalty notice, or

(ii)

a variable penalty notice, and

(b)

in the case of a variable penalty notice, the matters to which the Commissioner has regard in determining the amount of the penalty.

(3)

The Commissioner—

(a)

must from time to time review the guidance, and

(b)

may revise and republish the guidance following a review.

(4)

Before preparing or revising guidance under this section, the Commissioner must consult such persons as the Commissioner considers appropriate.

92HPenalties imposed in relation to commission of offence: convictions

A person who is required to pay a penalty under a penalty notice given under section 92C(5) (penalty in respect of offence under section 91 or 92B) may not at any time be convicted of an offence under section 91 or, as the case may be, 92B in respect of the act or omission in relation to which the notice was given.”

10 (1)

In section 166(5) (regulations subject to the affirmative procedure), after paragraph (cza) (as inserted by paragraph 3) insert—

“(czb)

section 92C(3)(a) or (8),”.

(2)

If sub-paragraph (1) comes into force before the coming into force of paragraph 24(2) of Schedule 11 to the Immigration Act 2016, paragraph 24(2) of that Schedule has effect on its coming into force as if for “for the “or” at the end of paragraph (c) substitute” there were substituted “after paragraph (czb) insert”.

11 (1)

Schedule 5 is amended as follows.

(2)

In paragraph 6(3) (investigations under the complaints scheme), after paragraph (c) (and on a new line) insert—

“(See also section 92C (which confers a power to impose monetary penalties for breaching the duty imposed by paragraph 6(2)).)”

(3)

In paragraph 9(1) (determination of complaints), after paragraph (f) (as inserted by paragraph 14(4)) (and on a new line) insert—

“(See also section 92C (which confers a power to impose monetary penalties for breaching the Code or otherwise failing to comply with requirements imposed by or under this Part).)”

Fees

12

After section 93 insert—

“93AFees

(1)

The Secretary of State may by order provide for fees to be charged by the Commissioner in respect of the exercise of the Commissioner’s functions.

(2)

The order may, in particular, make provision—

(a)

for fees (including fees for the taking of examinations) to be charged in respect of the assessment of a person’s competence to provide immigration advice or immigration services;

(b)

for fees to be charged in respect of a person’s registration or continued registration;

(c)

for fees to be charged for making changes to a person’s registration;

(d)

for fees to be charged in respect of the provision by the Commissioner of training for persons providing or seeking to provide immigration advice or immigration services;

(e)

for fees to be charged in respect of the provision by the Commissioner of, or of access to, training or other material for such persons;

(f)

for fees to be charged in respect of the provision by the Commissioner of events for such persons;

(g)

for fees to be charged in respect of the accreditation by the Commissioner of training or events for such persons;

(h)

for fees to be charged in respect of the provision of advice by the Commissioner;

(i)

for, and in connection with, requiring or authorising the Commissioner to waive all or part of a fee in particular cases.

(3)

The order may result in the charging of a fee in respect of the exercise of a function in a particular case which exceeds the costs of exercising the function in that case.

(4)

But in specifying the amount of a fee by virtue of subsection (3) the Secretary of State may have regard only to either or both of the following—

(a)

the costs of exercising the function in question;

(b)

the costs of exercising any other function of the Commissioner.

(5)

References in subsection (4) to the costs of exercising a function are to the costs of doing so in a particular class of case or in all cases.

(6)

In this section “registration” means registration with the Commissioner under section 85.”

13

In Schedule 6, for paragraph 5 substitute—

“5

No application under paragraph 1 or 3 is to be entertained by the Commissioner unless it is accompanied by the fee specified for that application by order under section 93A (but this is subject to any waiver in accordance with provision by virtue of subsection (2)(i) of that section).”

The complaints scheme

14 (1)

Schedule 5 is amended as follows.

(2)

In paragraph 5(3), after paragraph (b) insert—

“(ba)

the provision of immigration advice or immigration services by a person in contravention of section 84,”.

(3)

In paragraph 6—

(a)

in sub-paragraph (2) for “is the subject of an investigation under the scheme” substitute “falls within sub-paragraph (2A)”;

(b)

after sub-paragraph (2) insert—

“(2A)

A person (“P”) falls within this sub-paragraph if—

(a)

P is the subject of an investigation under the scheme, or

(b)

in a case where the person who is the subject of an investigation under the scheme is a relevant body, P—

(i)

was an officer, member or partner of the body when the body provided the immigration advice or immigration services to which the complaint relates, but

(ii)

is no longer such an officer, member or partner.

(2B)

In sub-paragraph (2A)—

(a)

“relevant body” means a body which was a registered person at the time to which the complaint relates;

(b)

“officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body.”

(4)

In paragraph 9—

(a)

in sub-paragraph (1), after paragraph (e) insert—

“(f)

if the person to whom the complaint relates (“P”) was not, at the time to which the complaint relates, a relevant authorised person, order P or a relevant body in relation to P—

(i)

to refund all or any part of the fees charged by P or the relevant body for the immigration advice or immigration services to which the complaint relates;

(ii)

to pay to the person to whom the advice or services were provided an amount specified in the order by way of compensation in respect of any loss, inconvenience or distress suffered by the person as a result of the provision of the advice or services.”;

(b)

after sub-paragraph (1B) insert—

“(1C)

For the purposes of sub-paragraph (1)(f) and this sub-paragraph—

(a)

a person is a “relevant authorised person” if—

(i)

the person falls within section 84(2)(b), or

(ii)

the person falls within section 84(2)(e) because the person acts on behalf of, and under the supervision of, a person falling within section 84(2)(b);

(b)

a body is a “relevant body” in relation to P if P was acting as the employee, officer, member or partner of the body when providing the immigration advice or immigration services to which the complaint relates;

(c)

“officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body.

(1D)

The total amount that may be ordered to be refunded or paid by virtue of sub-paragraph (1)(f) in respect of a complaint must not exceed £250,000.

(1E)

The Secretary of State may by regulations amend the amount for the time being specified in sub-paragraph (1D).

(1F)

An order under sub-paragraph (1)(f) may specify the time by which the refund or payment must be made.”

(5)

After paragraph 9 insert—

“Order on determination of complaint to refund fees or pay compensation: procedure, appeals and enforcement

9A

The complaints scheme must include provision securing that, where the Commissioner proposes to make an order under paragraph 9(1)(f) against a person—

(a)

the Commissioner must give the person a notice of what is proposed (a “notice of intent”),

(b)

the person may, within the period specified in the notice of intent, make written representations and objections to the Commissioner in relation to the proposed order,

(c)

the Commissioner must, at the end of the period for making representations and objections, consider any representations and objections made and—

(i)

determine to make the proposed order,

(ii)

determine not to make an order under paragraph 9(1)(f) against the person,

(iii)

determine to make an order under paragraph 9(1)(f) against the person requiring the person to refund or pay an amount which is less than the amount mentioned in the notice of intent, or

(iv)

provisionally determine to make an order under paragraph 9(1)(f) against the person requiring the person to refund or pay an amount which is greater than the amount mentioned in the notice of intent, and

(d)

where the Commissioner makes a provisional determination as mentioned in paragraph (c)(iv), the person is given an opportunity to make written representations and objections in relation to the provisional determination which must be considered by the Commissioner before the order is made.

9B

Where the Commissioner makes an order under paragraph 9(1)(f) against a person, the person may appeal to the First-tier Tribunal against the making of the order.

9C

(1)

This paragraph applies where—

(a)

on determining a complaint under the complaints scheme, the Commissioner makes an order under paragraph 9(1)(f) for an amount to be refunded or paid to a person (“P”), and

(b)

the appeal rights in relation to the order are exhausted.

(2)

For the purposes of sub-paragraph (1)(b) the appeal rights in relation to an order are exhausted at a time when—

(a)

it is no longer possible for an appeal against the order to be made under paragraph 9B (ignoring any possibility of an appeal out of time), and

(b)

there is no appeal against the order which is pending.

(3)

On the application of P or the Commissioner, a court may order that the amount to be refunded or paid under the order is recoverable as if it were payable under an order of that court.

(4)

The Commissioner may make an application under sub-paragraph (3) only—

(a)

in the circumstances specified in the complaints scheme, and

(b)

with P’s consent.

(5)

If a court makes an order under sub-paragraph (3) on the application of the Commissioner, the Commissioner may, in the circumstances specified in the complaints scheme and with P’s consent, recover the amount mentioned in that sub-paragraph on behalf of P.

(6)

For the purposes of this paragraph—

(a)

an appeal is pending during the period—

(i)

starting when the appeal is brought, and

(ii)

ending when the appeal is finally determined, abandoned or withdrawn;

(b)

“court” means—

(i)

in England and Wales, the High Court or the county court;

(ii)

in Scotland, the Court of Session or the sheriff;

(iii)

in Northern Ireland, the High Court or a county court.”

15 (1)

In section 166(5) (regulations subject to the affirmative procedure), at the end of paragraph (d) insert “or

(e)

paragraph 9(1E) of Schedule 5,”.

(2)

If sub-paragraph (1) comes into force before the coming into force of paragraph 24(2) of Schedule 11 to the Immigration Act 2016, paragraph 24(2) of that Schedule has effect on its coming into force as if the “or” at the end of paragraph (ca) as inserted by paragraph 24(2) were omitted.

(3)

If sub-paragraph (1) comes into force at the same time as or after the coming into force of paragraph 24(2) of Schedule 11 to the Immigration Act 2016, omit the “or” at the end of section 166(5)(ca) of the Immigration and Asylum Act 1999 (as inserted by paragraph 24(2) of that Schedule).

Appointment of Immigration Services Commissioner

16

In Schedule 5, in paragraph 12(1)(a) (period of office) for “of five years” substitute “not exceeding five years”.

Appointment of Deputy Immigration Services Commissioner

17

In Schedule 5, in paragraph 16(1) (Deputy Commissioner) for “must” substitute “may”.

Acting as Commissioner during vacancy etc

18

In Schedule 5, after paragraph 17 insert—

“Acting as Commissioner in event of vacancy etc

17A

(1)

Sub-paragraph (2) applies at any time when—

(a)

there is a vacancy in the office of Commissioner or the Commissioner is unable to exercise the Commissioner’s functions, and

(b)

no person has been appointed as Deputy Commissioner under paragraph 16(1) or the Deputy Commissioner is unable to act in the Commissioner’s place under paragraph 16(2).

(2)

A member of the Commissioner’s staff nominated by the Secretary of State for the purposes of this paragraph may act in the Commissioner’s place.”