SCHEDULE 2

INQUIRIES BY THE COMMISSIONER
(introduced by section 7)

Introduction
1
This Schedule applies to inquiries under section 7.

Terms of reference
2
Before conducting an inquiry, the Commissioner must prepare the terms of reference of the inquiry.
3
1
This paragraph applies if the terms of reference relate to a particular person or category of person.
2
The terms of reference must specify that person or category of person.
3
Before settling the terms of reference, the Commissioner must—
a
give each relevant person notice of the proposed terms,
b
give each relevant person an opportunity to make representations about the proposed terms, and
c
consider any representations made.
4
After settling the terms of reference (having complied with sub-paragraph (3)), the Commissioner must—
a
publish the terms of reference of the inquiry in a manner that the Commissioner thinks is likely to bring the inquiry to the attention of persons whom it concerns or who are likely to be interested in it, and
b
give notice of the terms of reference to—
i
each relevant person, and
ii
the Welsh Ministers.
5
In this paragraph “relevant person” means—
a
a person specified in the terms of reference of an inquiry, and
b
in relation to a category of persons specified in the terms of reference of an inquiry, each person whom the Commissioner considers to fall within that category.
4
1
This paragraph applies if the terms of reference do not relate to a particular person or category of person.
2
The Commissioner must—
a
publish the terms of reference of the inquiry in a manner that the Commissioner thinks is likely to bring the inquiry to the attention of persons whom it concerns or who are likely to be interested in it, and
b
give notice of the terms of reference to the Welsh Ministers.
5
Paragraph 3 or 4 applies to any change in the terms of reference as the paragraph would apply if the change in the terms were the preparation of those terms.

Representations
6
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.
7
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.

Reports on inquiries
8
1
The Commissioner must prepare a report of his or her findings on any inquiry.
2
The report must not—
a
identify a failure to comply with a relevant requirement (within the meaning of Part 5) by a person who is, or may be, identified by virtue of the report, or
b
otherwise refer to the activities of a person who is, or may be, identified by virtue of the report, unless the Commissioner thinks that the reference—
i
will not cause the person harm, or
ii
is necessary for the report to adequately reflect the results of the inquiry (having regard to its terms of reference).
3
The Commissioner must send a draft of the report to the Welsh Ministers.
4
If the terms of reference specify a particular person or category of person, the Commissioner must also send a draft of the report to each relevant person.
5
The Commissioner must—
a
give the Welsh Ministers, and any other person to whom a draft of a report is sent, an opportunity to make representations about the draft report, and
b
consider any representations made.
6
After settling the report (having complied with sub-paragraph (5)), the Commissioner must publish it.
7
This paragraph does not affect the application of the data protection legislation to the Commissioner.
8
In this paragraph—
- “
the data protection legislation
” (“
y ddeddfwriaeth diogelu data
”) has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);
- “relevant person” has the same meaning as in paragraph 3.
Sch. 2 para. 1 in force at 1.4.2012 by S.I. 2012/969, art. 2(e)
Sch. 2 para. 2 in force at 1.4.2012 by S.I. 2012/969, art. 2(e)
Sch. 2 para. 3 in force at 1.4.2012 by S.I. 2012/969, art. 2(e)
Sch. 2 para. 4 in force at 1.4.2012 by S.I. 2012/969, art. 2(e)
Sch. 2 para. 5 in force at 1.4.2012 by S.I. 2012/969, art. 2(e)
Sch. 2 para. 6 in force at 1.4.2012 by S.I. 2012/969, art. 2(e)
Sch. 2 para. 7 in force at 1.4.2012 by S.I. 2012/969, art. 2(e)
Sch. 2 para. 8(1) (2)(b) (3)-(8) in force at 1.4.2012 by S.I. 2012/969, art. 2(e)
Sch. 2 para. 8(2)(a) in force at 7.7.2015 by S.I. 2015/1413, art. 3(f)
Words in Sch. 2 para. 8(8) inserted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 169(3)(a) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
Words in Sch. 2 para. 8(7) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 169(2)(a) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)