PART 5

ENFORCEMENT OF STANDARDS
CHAPTER 3

NON-COMPLIANCE WITH STANDARDS: COMPLAINTS BY PERSONS AFFECTED

Notification if no investigation etc
94
1
This section applies in any of the following cases.
2
The first case is where—
a
the duty under section 93 to consider whether to carry out an investigation of the alleged conduct applies, and
b
the Commissioner decides not to carry out an investigation.
3
The second case is where—
a
section 93(7) applies in relation to a complaint, and
b
the Commissioner decides not to consider whether to carry out an investigation of the alleged conduct.
4
The third case is where the Commissioner decides that the duty under section 93 to consider whether to carry out an investigation of the alleged conduct does not apply.
5
The fourth case is where—
a
the duty under section 93 to consider whether to carry out an investigation of the alleged conduct does not apply, and
b
the Commissioner decides not to consider whether to carry out an investigation of the alleged conduct under section 93(8) or, having considered whether to carry out an investigation under that section, decides not to carry out the investigation.
6
The fifth case is where—
a
the Commissioner decides to carry out an investigation, and
b
the Commissioner then decides to discontinue the investigation.
7
The Commissioner must notify P of—
a
the decision mentioned in subsection (2)(b), (3)(b), (4), (5)(b) or (6)(b), and
b
the reasons for that decision, and
c
the right of review under section 103.
S. 94 in force at 7.7.2015 by S.I. 2015/1413, art. 3(c)