Subject to section 10 above, it is for the F2Commissioner to decide whether to report to the Commission on the outcome of any investigation.

No report concluding that a councillor or a member of a devolved public body has contravened the councillors’ or, as the case may be, the members’ code shall be submitted to the Commission unless the councillor or member has been given a copy of the proposed report and an opportunity to make representations on the alleged contravention and on the proposed report.

At the same time as the F2Commissioner gives a copy of a proposed report to a councillor or a member of a devolved public body for the purposes of subsection (2) above, F3the Commissioner shall give a further copy to the council or, as the case may be, the devolved public body.