SCHEDULE 10E+WCOMMISSIONER'S INVESTIGATION OF FAILURE TO COMPLY WITH STANDARDS ETC

PART 1 E+WGENERAL

Terms of referenceE+W

2(1)Before conducting an investigation, the Commissioner must prepare the terms of reference of the investigation.E+W

(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.