PART 6FREEDOM TO USE WELSH

114Deciding whether to investigate

1

This section applies if P makes an application to the Commissioner under section 111.

2

It is for the Commissioner to decide whether or not to investigate the alleged interference.

3

When deciding whether to investigate the alleged interference, the Commissioner—

a

must take into account the context in which interference is alleged to have taken place (including, but not limited to, the relationships, if any, that exist between D and P and between D and R);

b

may ask P, D, or any other person, for information or views relating to the alleged interference; and

c

must, if he or she asks P or D for information or views, give P or D the relevant information about investigations.

4

Subsection (3) does not limit the matters which the Commissioner may consider when deciding whether to investigate the alleged interference.

5

If the Commissioner decides to investigate the alleged interference, the Commissioner must—

a

inform P and D of the decision, and

b

give P and D the relevant information about investigations (insofar as the Commissioner has not already given the information under subsection (3)(c)).

6

If the Commissioner decides not to investigate the alleged interference, the Commissioner must inform P of—

a

the decision, and

b

the reasons for reaching the decision.

7

The Commissioner must comply with subsection (5) or (6) as soon as practicable after reaching the decision in question.

8

In this section “relevant information about investigations” means information about—

a

the procedure for carrying out investigations under this Part, and

b

the Commissioner’s powers in relation to such investigations (including, but not limited to, the power under section 118 to produce and publish reports and other documents).