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Change 1
As published
84 Provision of immigration services.
(1) No person may provide immigration advice or immigration services unless he is a qualified person.
(2) A person is a qualified person if he is—
(a) a registered person,
(b) authorised by a designated professional body to practise as a member of the profession whose members the body regulates,
(ba) a person authorised to provide immigration advice or immigration services by a designated qualifying regulator,
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) ... or
(e) acting on behalf of, and under the supervision of, a person within any of paragraphs (a) to (ba) (whether or not under a contract of employment).
(3) Subsection (2)(a) and (e) are subject to—
(a) any limitation on the effect of a person’s registration imposed under paragraph 2(2) of Schedule 6.
(b) paragraph 4B(5) of that Schedule (effect of suspension of registration).
(3A) A person's entitlement to provide immigration advice or immigration services by virtue of subsection (2)(ba)—
(a) is subject to any limitation on that person's authorisation imposed by the regulatory arrangements of the designated qualifying regulator in question, and
(b) does not extend to the provision of such advice or services by the person other than in England and Wales (regardless of whether the persons to whom they are provided are in England and Wales or elsewhere).
(3B) In subsection (3A) “regulatory arrangements” has the same meaning as in the Legal Services Act 2007 (see section 21 of that Act).
(4) Subsection (1) does not apply to a person who—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) ... falls within a category of person specified in an order made by the Secretary of State for the purposes of this subsection.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) Subsection (1) does not apply to a person—
(a) holding an office under the Crown, when acting in that capacity;
(b) employed by, or for the purposes of, a government department, when acting in that capacity;
(c) acting under the control of a government department; or
(d) otherwise exercising functions on behalf of the Crown.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Your change, as a redline
84 Provision of immigration services.
(1) No person may provide immigration advice or immigration services unless he is a qualified person.
(2) A person is a qualified person if he is—
(a) a registered person,
(b) authorised by a designated professional body to practise as a member of the profession whose members the body regulates,
(ba) a person authorised to provide immigration advice or immigration services by a designated qualifying regulator,
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) ... or
(e) acting on behalf of, and under the supervision of, a person within any of paragraphs (a) to (ba) (whether or not under a contract of employment).
(3) Subsection (2)(a) and (e) are subject to—
(a) any limitation on the effect of a person’s registration imposed under paragraph 2(2) of Schedule 6.
(b) paragraph 4B(5) of that Schedule (effect of suspension of registration).
(3A) A person's entitlement to provide immigration advice or immigration services by virtue of subsection (2)(ba)—
(a) is subject to any limitation on that person's authorisation imposed by the regulatory arrangements of the designated qualifying regulator in question, and
(b) does not extend to the provision of such advice or services by the person other than in England and Wales (regardless of whether the persons to whom they are provided are in England and Wales or elsewhere).
(3B) In subsection (3A) “regulatory arrangements” has the same meaning as in the Legal Services Act 2007 (see section 21 of that Act).
(4) Subsection (1) does not apply to a person who—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) ... falls within a category of person specified in an order made by the Secretary of State for the purposes of this subsection.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) Subsection (1) does not apply to a person—
(a) holding an office under the Crown, when acting in that capacity;
(b) employed by, or for the purposes of, a government department, when acting in that capacity;
(c) acting under the control of a government department; or
(d) otherwise exercising functions on behalf of the Crown.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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