SCHEDULE 10COMMISSIONER'S INVESTIGATION OF FAILURE TO COMPLY WITH STANDARDS ETC

PART 1GENERAL

Terms of reference

I12

1

Before conducting an investigation, the Commissioner must prepare the terms of reference of the investigation.

2

The terms of reference must specify—

a

the person who is being investigated (“D”),

b

the suspected failure to comply with a relevant requirement.

3

Before settling the terms of reference, the Commissioner must—

a

give notice of the proposed terms to—

i

D, and

ii

any other interested person,

b

give each person who is given notice of the proposed terms an opportunity to make representations about the proposed terms, and

c

consider any representations made.

4

After settling the terms of reference (having complied with sub-paragraph (3)), the Commissioner must—

a

publish the terms of reference of the investigation in a manner that the Commissioner thinks is likely to bring the investigation to the attention of persons whom it concerns or who are likely to be interested in it, and

b

give notice of the terms of reference to—

i

D, and

ii

any other interested person.

5

This paragraph applies to any change in the terms of reference as the paragraph would apply if the change in the terms were the preparation of those terms.