PART 5ENFORCEMENT OF STANDARDS
CHAPTER 1INVESTIGATING FAILURE TO COMPLY WITH STANDARDS ETC
Investigations
71Investigating failure to comply with standards etc
1
The Commissioner may investigate whether a person (D) has failed to comply with a relevant requirement.
2
In this Part, “relevant requirement” means any of the following—
a
a duty to comply with a standard specified by the Welsh Ministers (see section 25);
b
a requirement included in a decision notice by virtue of section 79 (requirement to prepare action plan or take steps);
c
an action plan (see sections 79 and 80);
d
a requirement included in a decision notice by virtue of section 82 (publicising failure to comply).
3
If the relevant requirement is a duty to comply with a standard, the Commissioner may undertake an investigation under this section only if he or she suspects that D has failed to comply with the relevant requirement.
4
Schedule 10 makes further provision about investigations.
72Discontinuing an investigation
1
This section applies if the Commissioner undertakes an investigation under section 71.
2
The Commissioner may, at any time, discontinue the investigation.
3
If the Commissioner decides to discontinue the investigation, the Commissioner must—
a
inform each interested person, and
b
inform D of the reasons for reaching the decision.
4
The Commissioner must comply with subsection (3) as soon as practicable after reaching the decision.