Section 63 – Requirements when carrying out standards investigations
108.The Commissioner, in carrying out a standards investigation, must have regard to the need to secure that requirements for persons to comply with standards are not unreasonable or disproportionate.
109.Subsection (2) makes provision about the matters to be considered and the conclusions that must be reached in specified circumstances where the Commissioner decides, or is directed, that a standards investigation is to consider whether service delivery standards should be specifically applicable to a person.
110.In carrying out a standards investigation, the Commissioner must consult each relevant person, the Advisory Panel and the public (unless, or to the extent that the Commissioner considers it is inappropriate to consult the public).
111.The failure of a person to participate in the Commissioner’s consultation does not prevent the Commissioner from carrying out the standards investigation.
112.A “relevant person” means:
in the case of a standards investigation relating to a particular person, that person; and
in the case of a standards investigation relating to a group of persons, such persons who appear to the Commissioner to be members of the group, and persons whom the Commissioner thinks it appropriate to consult.
