Schedule 2 – Inquiries by the Commissioner
335.Schedule 2 is introduced by section 7 of the Measure and makes supplemental provision about the Commissioner’s powers of inquiry.
Paragraph 1 – Introduction
336.Schedule 2 applies to inquiries that the Commissioner may undertake under section 7.
Paragraph 2 to 5 – Terms of reference
337.Before conducting an inquiry, the Commissioner must prepare its terms of reference.
338.In accordance with paragraph 3, where the terms of reference relate to a particular person or category of person, those terms of reference must specify that person or category of person. A person specified in terms of reference of an inquiry and each person who, in the Commissioner’s view, falls within a category of persons specified in terms of reference of an inquiry, are defined for the purposes of paragraph 3 as a “relevant person”.
339.Before settling the terms of reference under paragraph 3, the Commissioner must give each relevant person notice of the proposed terms and an opportunity to make representations about those terms. The Commissioner must consider any representations made by the relevant person.
340.After settling the terms of reference, the Commissioner must publish the terms of reference in accordance with the requirement imposed by paragraph 3 as well as give notice of the terms of reference to each relevant person and the Welsh Ministers.
341.Where the terms of reference do not relate to a particular person or category of person, paragraph 4 provides that the Commissioner must publish the terms of reference in accordance with the requirement imposed by paragraph 4(2)(a) as well as give notice of the terms of reference to the Welsh Ministers.
342.Paragraph 5 provides that paragraph 3 or 4 applies to changes in the terms of reference as the paragraph would apply to the preparation of those terms.
Paragraphs 6 and 7 – Representations
343.In accordance with paragraph 6(1), the Commissioner must make arrangements for giving persons an opportunity to make representations in relation to inquiries.
344.Paragraph 6(2) provides that these arrangements must give the listed persons an opportunity to make representations in the course of an inquiry.
345.Paragraph 7(1) requires the Commissioner to consider representations made in relation to an inquiry by the persons listed.
346.The Commissioner must consider representations made by any other person in relation to an inquiry, unless the Commissioner thinks that it is appropriate to refuse to do so. Where the Commissioner refuses to consider representations he or she must give written notice to the person who made the representation of the decision to refuse to consider the representation made as well as the reasons for that decision.
Paragraph 8 – Reports on inquires
347.The Commissioner must prepare a report of his or her findings on any inquiry and send a draft of the report to the Welsh Ministers, which must comply with the requirements of subparagraph (2). If the terms of reference specify a particular person or category of person, the Commissioner must also send a draft of the report to each relevant person (as defined by paragraph 3(5)).
348.The Commissioner is required to give the Welsh Ministers, and any other person to whom a draft of a report is sent, an opportunity to make representations about the report. The Commissioner must consider any representations made on the draft report and, having settled the report, must publish it.
