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

PART 1 E+WGENERAL

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.