Annex B

Immigration and Asylum Act 1999, Schedule 5, paragraph 7 as amended.

Power to enter premises

7. (1) This paragraph applies if:

• the Commissioner is investigating a complaint under the complaints scheme;
• the complaint falls within paragraph 5(3)(a), (b) or (d); and
• there are reasonable grounds for believing that particular premises are being used in connection with the provision of immigration advice or immigration services by a registered person.

This paragraph also applies if the Commissioner is investigating a matter under paragraph 5(5) and:

• the matter is of the kind described in paragraph 5(3)(a),(b) or (d) (for which purpose a reference to an allegation shall be treated as a reference to a suspicion of the Commissioner), and
• there are reasonable grounds for believing that particular premises are being used in connection with the provision of immigration advice or immigration services.

(2) The Commissioner, or a member of his staff authorised in writing by him, may enter the premises at reasonable hours.

(3) Sub-paragraph (2) does not apply to premises to the extent to which they constitute a private residence.

(4) A person exercising the power given by sub-paragraph (2) ("the investigating officer") may -

• take with him such equipment as appears to him to be necessary;
• require any person on the premises-

(i) to produce any document which he considers relates to any matter relevant to the investigation; and

(ii) if the document is produced, to provide an explanation of it;

• require any person to state, to the best of his knowledge and belief, where any such document is to be found;
• take copies of, or extracts from, any document which is produced;
• require any information which is held in a computer and is accessible from the premises and which the investigating officer considers relates to any matter relevant to the investigation, to be produced in a form -

(i) in which it can be taken away; and

(ii) in which it is visible and legible.

(5) Instead of exercising the power under sub-paragraph (2), the Commissioner may require such person as he may determine ("his agent") to make a report on the provision of immigration advice
or immigration services from the premises.

(6) If the Commissioner so determines, his agent may exercise the power conferred by sub-paragraph (2) as if he were a member of the Commissioner's staff appropriately authorised.

(7) If a registered person fails without reasonable excuse to allow access under sub-paragraph (2) or (6) to any premises under his occupation or control, the Commissioner may cancel his registration.

(8) The Commissioner may also cancel the registration of a registered person who -

• without reasonable excuse fails to comply with a requirement imposed on him under sub-paragraph (4);
• intentionally delays or obstructs any person exercising functions under this paragraph; or
• fails to take reasonable steps to prevent an employee of his from obstructing any person exercising such functions.