SCHEDULES

SCHEDULE 3Handling of Complaints and Conduct matters etc.

Part 3Investigations and subsequent proceedings

Power of the Commission to determine the form of an investigation

I1C115

1

This paragraph applies where—

a

a complaint F1, recordable conduct matter or DSI matter is referred to the Commission; and

b

the Commission determines that it is necessary for the complaint or matter to be investigated.

2

It shall be the duty of the Commission to determine the form which the investigation should take.

3

In making a determination under sub-paragraph (2) the Commission shall have regard to the following factors—

a

the seriousness of the case; and

b

the public interest.

4

The only forms which the investigation may take in accordance with a determination made under this paragraph are—

a

an investigation by the appropriate authority on its own behalf;

b

an investigation by that authority under the supervision of the Commission;

c

an investigation by that authority under the management of the Commission;

d

an investigation by the Commission.

5

The Commission may at any time make a further determination under this paragraph to replace an earlier one.

6

Where a determination under this paragraph replaces an earlier determination under this paragraph, or relates to a complaint or matter in relation to which the appropriate authority has already begun an investigation on its own behalf, the Commission may give—

a

the appropriate authority, and

b

any person previously appointed to carry out the investigation,

such directions as it considers appropriate for the purpose of giving effect to the new determination.

7

It shall be the duty of a person to whom a direction is given under sub-paragraph (6) to comply with it.

8

The Commission shall notify the appropriate authority of any determination that it makes under this paragraph in relation to a particular complaint F1, recordable conduct matter or DSI matter .