(1)This section applies if the Commissioner undertakes an investigation under section 71.
(2)Before finally determining whether or not D has failed to comply with the relevant requirement, the Commissioner must give each interested person notice of the determination which the Commissioner is proposing to make.
(3)Before finally deciding what, if any, further action to take, the Commissioner must give each interested person—
(a)notice of whether or not the Commissioner is proposing to take further action, and a statement of the Commissioner’s reasons for proposing to do so;
(b)if the Commissioner is proposing to take further action, notice of that proposed action, and a statement of the Commissioner’s reasons for proposing to take that action; and
(c)copies of the draft of the decision notice which the Commissioner is proposing to give.
(4)Before settling the investigation report, the Commissioner must give each interested person a draft of the proposed report.
(5)The Commissioner must—
(a)give D an opportunity to make representations about the proposals referred to in subsections (2), (3) and (4), and
(b)give any other interested person an opportunity to make representations about the proposals referred to in subsections (2) and (4).
(6)The Commissioner must have due regard to any representations made by D or any other interested person before the Commissioner does any thing to which the representations relate.
(7)The Commissioner is to determine the period within which a person may make representations in accordance with subsection (5); but the period must not be less than 28 days.
(1)This section applies if the Commissioner is directed, following an appeal under section 99 or 101, or following any further appeal, to determine under section 73 that D has failed to comply with a standard (the “new determination”).
(2)Before finally deciding what, if any further action to take based upon the new determination, the Commissioner must give each interested person—
(a)notice of whether or not the Commissioner is proposing to take further action, and a statement of the Commissioner’s reasons for proposing to do so;
(b)if the Commissioner is proposing to take further action, notice of that proposed action, and a statement of the Commissioner’s reasons for proposing to take that action; and
(c)copies of the draft of the decision notice which the Commissioner is proposing to give.
(3)Before settling the investigation report, the Commissioner must give each interested person a draft of the proposed report.
(4)The Commissioner must—
(a)give D an opportunity to make representations about the proposals referred to in subsections (2) and (3), and
(b)give any other interested person an opportunity to make representations about the proposals referred to in subsection (3).
(5)The Commissioner must have due regard to any representations made by D or any other interested person under subsection (4).
(6)The Commissioner is to determine the period within which a person may make representations in accordance with subsection (4); but the period must not be less than 28 days.