Investigation by the Commissioner

Reports by Commissioner.
10
1
In any case where the Commissioner conducts an investigation pursuant to a complaint made to a member of the House of Commons under section 5(1)(a)(ii) or (1A)(a)(ii), or decides not to conduct such an investigation, he shall send to the member of that House by whom the request for investigation was made (or if he is no longer a member of that House, to such member of that House as the Commissioner thinks appropriate) a report of the results of the investigation or, as the case may be, a statement of his reasons for not conducting an investigation.
1A
In any case where the Commissioner conducts an investigation pursuant to a complaint made to the Commissioner under section 5(1)(a)(i) or (1A)(a)(i), or decides not to conduct such an investigation, the Commissioner—
a
must send to the person who made the complaint a report of the results of the investigation or, as the case may be, a statement of the Commissioner’s reasons for not conducting an investigation, and
b
may, with the consent of the person who made the complaint, send the report or statement to such member of the House of Commons as the Commissioner considers appropriate.
1B
References in subsection (1A) to the person who made the complaint are, in a case where the complaint is made by a person authorised to act on behalf of the person aggrieved (see section 6(1B)), to that authorised person.
2
In any case where the Commissioner conducts an investigation under section 5(1) of this Act, he shall also send a report of the results of the investigation to the principal officer of the department or authority concerned and to any other person who is alleged in the relevant complaint to have taken or authorised the action complained of.
2A
In any case where the Commissioner conducts an investigation pursuant to a complaint under section 5(1A) of this Act, he shall also send a report of the results of the investigation to the person to whom the complaint relates.
3
If, after conducting an investigation under section 5(1) of this Act, it appears to the Commissioner that injustice has been caused to the person aggrieved in consequence of maladministration and that the injustice has not been, or will not be, remedied, he may, if he thinks fit, lay before each House of Parliament a special report upon the case.
3A
If, after conducting an investigation pursuant to a complaint under section 5(1A) of this Act, it appears to the Commissioner that—
a
the person to whom the complaint relates has failed to perform a relevant duty owed by him to the person aggrieved, and
b
the failure has not been, or will not be, remedied,
the Commissioner may, if he thinks fit, lay before each House of Parliament a special report upon the case.
3B
For the purposes of subsection (3A) of this section “
relevant duty
” has the meaning given by section 5(1B) of this Act.
4
The Commissioner shall annually lay before each House of Parliament a general report on the performance of his functions under this Act and may from time to time lay before each House of Parliament such other reports with respect to those functions as he thinks fit.
5
For the purposes of the law of defamation, any such publication as is hereinafter mentioned shall be absolutely privileged, that is to say—
a
the publication of any matter by the Commissioner in making a report to either House of Parliament for the purposes of this Act;
b
the publication of any matter by a member of the House of Commons in communicating with the Commissioner or his officers for those purposes or by the Commissioner or his officers in communicating with such a member for those purposes;
c
the publication by such a member to the person by whom a complaint was made under this Act of a report or statement sent to the member in respect of the complaint in pursuance of subsection (1) of this section;
d
the publication by the Commissioner to such a person as is mentioned in subsection (1A), (2) or (2A) of this section of a report sent to that person in pursuance of that subsection.
Words in s. 10(2) inserted (18.10.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 47, 60, Sch. 7 para. 5(2); S.I. 2005/2848, art. 2(b)
S. 10(2A) inserted (18.10.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 47, 60, Sch. 7 para. 5(3); S.I. 2005/2848, art. 2(b)
Words in s. 10(3) inserted (18.10.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 47, 60, Sch. 7 para. 5(4); S.I. 2005/2848, art. 2(b)
S. 10(3A)(3B) inserted (18.10.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 47, 60, Sch. 7 para. 5(5); S.I. 2005/2848, art. 2(b)
Words in s. 10(5)(d) inserted (18.10.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 47, 60, Sch. 7 para. 5(6); S.I. 2005/2848, art. 2(b)
S. 10(1A)(1B) inserted (29.1.2025) by Victims and Prisoners Act 2024 (c. 21), ss. 27(13), 81(2) (with s. 32); S.I. 2025/95, reg. 2(i)
Words in s. 10(1) substituted (29.1.2025) by Victims and Prisoners Act 2024 (c. 21), ss. 27(12)(a), 81(2) (with s. 32); S.I. 2025/95, reg. 2(i)
Words in s. 10(1) substituted (29.1.2025) by Victims and Prisoners Act 2024 (c. 21), ss. 27(12)(b), 81(2) (with s. 32); S.I. 2025/95, reg. 2(i)
Word in s. 10(5)(d) inserted (29.1.2025) by Victims and Prisoners Act 2024 (c. 21), ss. 27(14), 81(2) (with s. 32); S.I. 2025/95, reg. 2(i)