PART 5ENFORCEMENT OF STANDARDS

CHAPTER 1INVESTIGATING FAILURE TO COMPLY WITH STANDARDS ETC

Investigations

71Investigating failure to comply with standards etc

(1)

The Commissioner may investigate whether a person (D) has failed to comply with a relevant requirement.

(2)

In this Part, “relevant requirement” means any of the following—

(a)

a duty to comply with a standard specified by the Welsh Ministers (see section 25);

(b)

a requirement included in a decision notice by virtue of section 79 (requirement to prepare action plan or take steps);

(c)

an action plan (see sections 79 and 80);

(d)

a requirement included in a decision notice by virtue of section 82 (publicising failure to comply).

(3)

If the relevant requirement is a duty to comply with a standard, the Commissioner may undertake an investigation under this section only if he or she suspects that D has failed to comply with the relevant requirement.

(4)

Schedule 10 makes further provision about investigations.