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Detail of outcome
We consulted on the style and content of the Commissioner’s Code of Standards and Rules.
A list of respondents is enclosed, with full responses contained in annexes A to C.
The Commissioner has decided to adopt some of the proposals contained in the consultation document. The new code will take a more principle-based approach with a greater use of guidance notes, but continue to use prescriptive rules as appropriate.
This consultation from the Offices of the Immigration Services Commissioner is designed to seek your views on matters of style, structure and content in relation to the Commissioner’s Code of Standards and Rules.
Part V of the Immigration and Asylum Act 1999 makes provision for a scheme to regulate immigration advisers and service providers. Paragraph 3 (5) and (6) of Schedule 5 of the Act requires that if the Commissioner alters the Code, he must re-issue it.
Before issuing the Code or altering it, the Commissioner must consult:
(a) each of the designated professional bodies; (b) the designated judges; (c) the Lord President of the Court of Session; (d) the Lord Chief Justice of Northern Ireland; and (e) 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.
Paragraph 1 (2) of Schedule 5 of the act, with reference to the Commissioners Rules, requires:
“Before making or altering any rules, the Commissioner must consult such persons appearing to him to represent the views of persons engaged in the provision of immigration advice or immigration services as he considers appropriate.”
The OISC is conducting this consultation in accordance with the Acts requirements.
This is the first of two consultations. As no changes will be introduced to either document as a direct result of this exercise, an impact assessment is not being issued.
The consultation was launched on 03/06/13 and will remain open until 30/08/13.
While all the questions asked are important, you do not have to address all of them in your response. We would, however, appreciate detailed explanations for your answers, where appropriate.
We look forward to hearing from you.