SCHEDULE 2INQUIRIES BY THE COMMISSIONER

Representations

I16

1

The Commissioner must make arrangements for giving persons an opportunity to make representations in relation to inquiries.

2

The arrangements must give the following persons an opportunity to make representations in the course of an inquiry—

a

each person who—

i

is specified in the terms of reference, or

ii

falls within a category of person specified in the terms of reference, and

b

the Welsh Ministers.

3

Arrangements under this paragraph may, amongst other things, include arrangements for oral representations.

I27

1

The Commissioner must consider representations made in relation to an inquiry by—

a

a person who—

i

is specified in the terms of reference, or

ii

falls within a category of person specified in the terms of reference, or

b

a legal adviser who is acting on behalf of a person falling within paragraph (a)(i) or (ii), or

c

the Welsh Ministers.

2

The Commissioner must consider representations made in relation to an inquiry by any other person, unless the Commissioner thinks it is appropriate to refuse to do so.

3

If the Commissioner refuses to consider representations made in relation to an inquiry, he or she must give the person who made the representations written notice of—

a

the decision to refuse to consider the representations, and

b

the reasons for the decision.

4

In this paragraph “legal adviser” means—

a

a person who, for the purposes of the Legal Services Act 2007, is an authorised person, or a European lawyer who is an exempt person by virtue of paragraph 7 of Schedule 3 to that Act, in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act), and

b

an advocate or solicitor in Scotland.