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PART 2 S ENFORCEMENT

12 Conduct of [F1F2... Commissioner's] investigationsS

(1)Subject to section 10 above and subsection (2) below, it is for the [F3Commissioner] to decide whether, when and how to carry out any investigation.

(2)Investigations shall, so far as possible, be conducted confidentially.

(3)An investigation may take place notwithstanding that the person whose conduct is to be investigated is no longer a councillor or, as the case may be, a member of a devolved public body.

F4(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)If it appears to the [F3Commissioner] that an investigation being carried out under this section will not be completed within three months of the date on which it began, [F5the Commissioner] shall, in writing, inform—

(a)the Commission;

(b)the councillor or member whose contravention, or possible or alleged contravention, of the councillors’ or, as the case may be, members’ code is the subject of the investigation; and

(c)the council or devolved public body,

of that fact.

(6)Investigations shall, so far as is possible, only be undertaken in response to allegations of misconduct which are made in writing and signed by the complainant.

Textual Amendments