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.