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

PART 1 E+WGENERAL

IntroductionE+W

1E+WThis Schedule applies to investigations under section 71.

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.

RepresentationsE+W

3(1)The Commissioner must make arrangements for giving persons an opportunity to make representations in relation to investigations.E+W

(2)The arrangements must give the following persons an opportunity to make representations in the course of an investigation—

(a)D, and

(b)any other interested person.

(3)Arrangements under this paragraph may, amongst other things, include arrangements for oral representations.

4(1)The Commissioner must consider representations made in relation to an investigation by—E+W

(a)D, or

(b)a legal adviser who is acting on behalf of D.

(2)The Commissioner must consider representations made in relation to an investigation by any other person, unless the Commissioner thinks it is appropriate to refuse to do so.

(3)If the Commissioner refuses to consider representations made in relation to an investigation, he or she must give the person who made the representations written notice of—

(a)the decision to refuse to consider the representations, and

(b)the reasons for the decision.

(4)In this paragraph “legal adviser” means—

(a)a person who, for the purposes of the Legal Services Act 2007, is an authorised person, or a European lawyer who is an exempt person by virtue of paragraph 7 of Schedule 3 to that Act, in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act), or

(b)an advocate or solicitor in Scotland.