Commentary on Sections

Schedule 10 – Commissioner’s investigation of failure to comply with standards etc

Paragraphs 3 and 4 – Representations

388.Paragraph 3 requires the Commissioner to make arrangements giving certain persons an opportunity to make representations, including oral representations, relating to investigations.

389.Paragraph 4 requires the Commissioner to consider the representations made by the person being investigated or that person’s legal adviser. The Commissioner must consider representations made by any other person, unless the Commissioner considers it appropriate to refuse to do so. This paragraph defines legal advisers as being an authorised person under the Legal Services Act 2007, or an advocate or solicitor in Scotland.