PART 6FREEDOM TO USE WELSH
114Deciding whether to investigate
1
This section applies if P makes an application to the Commissioner under section 111.
2
It is for the Commissioner to decide whether or not to investigate the alleged interference.
3
When deciding whether to investigate the alleged interference, the Commissioner—
a
must take into account the context in which interference is alleged to have taken place (including, but not limited to, the relationships, if any, that exist between D and P and between D and R);
b
may ask P, D, or any other person, for information or views relating to the alleged interference; and
c
must, if he or she asks P or D for information or views, give P or D the relevant information about investigations.
4
Subsection (3) does not limit the matters which the Commissioner may consider when deciding whether to investigate the alleged interference.
5
If the Commissioner decides to investigate the alleged interference, the Commissioner must—
a
inform P and D of the decision, and
b
give P and D the relevant information about investigations (insofar as the Commissioner has not already given the information under subsection (3)(c)).
6
If the Commissioner decides not to investigate the alleged interference, the Commissioner must inform P of—
a
the decision, and
b
the reasons for reaching the decision.
7
The Commissioner must comply with subsection (5) or (6) as soon as practicable after reaching the decision in question.
8
In this section “relevant information about investigations” means information about—
a
the procedure for carrying out investigations under this Part, and
b
the Commissioner’s powers in relation to such investigations (including, but not limited to, the power under section 118 to produce and publish reports and other documents).