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.