PART 6

FREEDOM TO USE WELSH

Deciding whether to investigate
114
1
This section applies if P makes an application to the Commissioner under section 111.
2
It is for the Commissioner to decide whether or not to investigate the alleged interference.
3
When deciding whether to investigate the alleged interference, the Commissioner—
a
must take into account the context in which interference is alleged to have taken place (including, but not limited to, the relationships, if any, that exist between D and P and between D and R);
b
may ask P, D, or any other person, for information or views relating to the alleged interference; and
c
must, if he or she asks P or D for information or views, give P or D the relevant information about investigations.
4
Subsection (3) does not limit the matters which the Commissioner may consider when deciding whether to investigate the alleged interference.
5
If the Commissioner decides to investigate the alleged interference, the Commissioner must—
a
inform P and D of the decision, and
b
give P and D the relevant information about investigations (insofar as the Commissioner has not already given the information under subsection (3)(c)).
6
If the Commissioner decides not to investigate the alleged interference, the Commissioner must inform P of—
a
the decision, and
b
the reasons for reaching the decision.
7
The Commissioner must comply with subsection (5) or (6) as soon as practicable after reaching the decision in question.
8
In this section “relevant information about investigations” means information about—
a
the procedure for carrying out investigations under this Part, and
b
the Commissioner's powers in relation to such investigations (including, but not limited to, the power under section 118 to produce and publish reports and other documents).
S. 114 in force at 1.4.2012 by S.I. 2012/969, art. 2(k)