PART 4

STANDARDS
CHAPTER 8

STANDARDS INVESTIGATIONS AND REPORTS

Standards investigations

Requirements when carrying out standards investigations
63
1
In carrying out a standards investigation, the Commissioner must have regard to the need to secure that requirements for persons to comply with standards by virtue of section 25(1) are not unreasonable or disproportionate.
2
If the Commissioner decides, or is directed, that a standards investigation is to consider whether service delivery standards should be specifically applicable to P, the investigation must—
a
consider whether, in respect of each of the activities specified in Schedule 9 which P carries out, it is reasonable and proportionate for service delivery standards to be specifically applicable to P, and
b
as respects each such activity, if it is reasonable and proportionate for service delivery standards to be specifically applicable to P, conclude that service delivery standards should be specifically applicable to P in relation to that activity.
3
In carrying out a standards investigation, the Commissioner must consult—
a
each relevant person,
b
the Advisory Panel, and
c
the public, except—
i
if, or
ii
to the extent that
the Commissioner considers that it is inappropriate to do so.
4
The failure of a person to participate in the Commissioner's consultation does not prevent the Commissioner from carrying out the standards investigation.
5
In this section “relevant person” means—
a
in the case of a standards investigation relating to a particular person, that person;
b
in the case of a standards investigation relating to a group of persons, such persons—
i
who appear to the Commissioner to be members of the group, and
ii
whom the Commissioner thinks it appropriate to consult.
S. 63 in force at 1.4.2012 by S.I. 2012/969, art. 2(i)(ii)