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(1)There are two possible stages to any investigation by the Commissioner into a complaint, namely—
(a)Stage 1 which consists of investigating and determining whether a complaint is admissible; and
(b)if the complaint is admissible, Stage 2 which consists of further investigating the complaint and reporting upon it to the Parliament,
and any reference in this Act to “the stage of an investigation” or to “Stage 1” or “Stage 2” shall be construed accordingly.
(2)Each stage of an investigation into a complaint shall be conducted in private.
(3)The Commissioner may at any time make a report to the Parliament as to the progress of an investigation into a complaint.
(4)Subject to the provisions of this Act, it is for the Commissioner to decide when and how to carry out any investigation at each stage.
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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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