5(1)The Commissioner must establish a scheme (“the complaints scheme”) for the investigation by him of relevant complaints made to him in accordance with the provisions of the scheme.U.K.
(2)Before establishing the scheme or altering it, the Commissioner must consult—
(a)each of the designated professional bodies; and
(b)such other persons appearing to him to represent the views of persons engaged in the provision of immigration advice or immigration services as he considers appropriate.
(3)A complaint is a relevant complaint if it relates to—
No commentary item could be found for this reference key-b7ce7ed6f4735e60d721aa948a36dfcc[F1(za)the competence or fitness to provide immigration advice or immigration services of a person who, at the time to which the complaint relates, was a registered person,]
(a)the competence or fitness of [F2any other person] to provide immigration advice or immigration services,
[F3(aa)the competence or fitness of a person who, at the time to which the complaint relates, was acting on behalf of a registered person,]
(b)the competence or fitness of [F4any other person] [F5acting on behalf of] a person providing immigration advice or immigration services,
(c)an alleged breach of the Code,
(d)an alleged breach of one or more of the Commissioner’s rules by [F6a person who, at the time to which the complaint relates, was a registered person or a person acting on behalf of a registered person] , or
[F7(e)an alleged breach of a rule of a relevant regulatory body,]
[F8but not if the complaint is excluded by sub-paragraph (3A).]
[F9(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
(b)it relates to a person within section 84(2)(ba).]
(4)The Commissioner may, on his own initiative, investigate any matter which he would have power to investigate on a complaint made under the complaints scheme.
(5)In investigating any such matter on his own initiative, the Commissioner must proceed as if his investigation were being conducted in response to a complaint made under the scheme.
Textual Amendments
F1Sch. 5 para. 5(3)(za) inserted (17.11.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 7 para. 7(2)(a); S.I. 2014/2771, art. 5(c)
F2Words in Sch. 5 para. 5(3)(a) substituted (17.11.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 7 para. 7(2)(b); S.I. 2014/2771, art. 5(c)
F3Sch. 5 para. 5(3)(aa) inserted (17.11.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 7 para. 7(2)(c); S.I. 2014/2771, art. 5(c)
F4Words in Sch. 5 para. 5(3)(b) substituted (17.11.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 7 para. 7(2)(d); S.I. 2014/2771, art. 5(c)
F5Words in Sch. 5 para. 5(3)(b) substituted (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 37(5)(e), 48(3); S.I. 2004/2523, art. 2, Sch.
F6Words in Sch. 5 para. 5(3)(d) substituted (17.11.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 7 para. 7(2)(e); S.I. 2014/2771, art. 5(c)
F7Sch. 5 para. 5(3)(e) substituted (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 37(5)(f), 48(3); S.I. 2004/2523, art. 2, Sch.
F8Words in Sch. 5 para. 5(3) substituted (1.4.2011) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 18 para. 17(4)(a) (with ss. 29, 192, 193); S.I. 2011/720, art. 2(c)
F9Sch. 5 para. 5(3A) inserted (1.4.2011) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 18 para. 17(4)(b) (with ss. 29, 192, 193); S.I. 2011/720, art. 2(c)
Modifications etc. (not altering text)
C1Sch. 5 para. 5(3)(za) modified (17.11.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 paras. 68, 69; S.I. 2014/2771, art. 5(d)
C2Sch. 5 para. 5(3)(aa) modified (17.11.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 paras. 68, 69; S.I. 2014/2771, art. 5(d)
C3Sch. 5 para. 5(3)(d) modified (17.11.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 68; S.I. 2014/2771, art. 5(d)
Commencement Information
I1Sch. 5 para. 5 wholly in force at 30.10.2000; Sch. 5 para. 5 not in force at Royal Assent see s. 170(4); Sch. 5 para. 5(1)-(3) in force at 22.5.2000 by S.I. 2000/1282, art. 2, Sch.;Sch. 5 para. 5 in force so far as not already in force at 30.10.2000 by S.I. 2000/1985, art. 2, Sch.