SCHEDULE 10COMMISSIONER'S INVESTIGATION OF FAILURE TO COMPLY WITH STANDARDS ETC
PART 1GENERAL
Representations
I13
1
The Commissioner must make arrangements for giving persons an opportunity to make representations in relation to investigations.
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.
I24
1
The Commissioner must consider representations made in relation to an investigation by—
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.