SCHEDULES

SCHEDULE 2Inquiries, Investigations and Assessments

Representations

6

1

The Commission shall make arrangements for giving persons an opportunity to make representations in relation to inquiries, investigations and assessments.

2

In particular, in the course of an investigation, inquiry or assessment the Commission must give any person specified in the terms of reference an opportunity to make representations.

7

Arrangements under paragraph 6 may (but need not) include arrangements for oral representations.

8

1

The Commission shall consider representations made in relation to an inquiry, investigation or assessment.

2

But the Commission may, where they think it appropriate, refuse to consider representations—

a

made neither by nor on behalf of a person specified in the terms of reference, or

b

made on behalf of a person specified in the terms of reference by a person who is not F1a relevant lawyerF1.

F22A

Relevant lawyer” means—

a

an advocate or solicitor in Scotland, or

b

a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act).

F23

If the Commission refuse to consider representations in reliance on sub-paragraph (2) they shall give the person who makes them written notice of the Commission's decision and the reasons for it.