(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.