Member

Amendment 122 seeks to probe why commissioners would need to give a person who is not a relevant person a penalty notice. A relevant person in this case means a person registered with the commissioner under Sections 84(2)(a) and 85(1) of the Immigration and Asylum Act 1999 and therefore under regulatory oversight. The amendment as tabled would remove the commissioner’s ability to impose a penalty notice on a person who is not a relevant person. This would prevent the commissioner imposing a penalty on rogue, unregulated advisers—persons who were at the time of the act or omission to which the penalty notice relates a relevant person but who are no longer relevant and registered with the commissioner at the point of receipt of such notice. This amendment would allow previously registered persons to avoid penalties by de-registering, thereby avoiding being penalised for wrongdoing. I hope that, with that explanation, the noble Lord will not move his amendment.