Commentary on Sections

Section 117 – Concluding investigations

242.This section applies in circumstances where the Commissioner decides to investigate the alleged interference and does not discontinue the investigation. Subsection (2) requires the Commissioner to determine whether or not D has interfered with P’s freedom to undertake a Welsh communication, as defined in section 113. If the Commissioner decides that interference has occurred, he or she must give a view on the interference (including, but not limited to whether in his or her view the interference was justified (subsection (3)).

243.Before making any determination under subsection (2) or giving views under subsection (3) the Commissioner must inform D of the determination he or she is proposing to make and of the views he or she is proposing to give, and, so far as is practicable, the Commissioner must give D the opportunity to respond. As soon as practicable after the determination has been made the Commissioner is required to notify P and D of it.

244.Subsection (7) allows the Commissioner to give advice to P, D or any other person, about the alleged interference or any matter relating to it.