(introduced by section 7)
SCHEDULE 2INQUIRIES BY THE COMMISSIONER
Introduction
1This Schedule applies to inquiries under section 7.
Terms of reference
2Before 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.
5Paragraph 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 Act 1998 to the Commissioner.
(8)In this paragraph “relevant person” has the same meaning as in paragraph 3.