PART 5ENFORCEMENT OF STANDARDS
CHAPTER 1INVESTIGATING FAILURE TO COMPLY WITH STANDARDS ETC
Consultation
85Consultation before final determination etc
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.
86Consultation before final determination following an appeal
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.