(1)Subject to section 10 above and subsection (2) below, it is for the [F2Commissioner] to decide whether, when and how to carry out any investigation.
(2)Investigations shall, so far as possible, be conducted confidentially.
(3)An investigation may take place notwithstanding that the person whose conduct is to be investigated is no longer a councillor or, as the case may be, a member of a devolved public body.
(4)The [F2Commissioner] may arrange for any person to assist or advise [F3the Commissioner] and may pay such fees or allowances to that person as [F3the Commissioner] may, with the approval of Ministers, fix.
(5)If it appears to the [F2Commissioner] that an investigation being carried out under this section will not be completed within three months of the date on which it began, [F3the Commissioner] shall, in writing, inform—
(a)the Commission;
(b)the councillor or member whose contravention, or possible or alleged contravention, of the councillors’ or, as the case may be, members’ code is the subject of the investigation; and
(c)the council or devolved public body,
of that fact.
(6)Investigations shall, so far as is possible, only be undertaken in response to allegations of misconduct which are made in writing and signed by the complainant.
Textual Amendments
F1Words in s. 12 title substituted (1.4.2011) by virtue of Scottish Parliamentary Commissions and Commissioners etc. Act 2010 (asp 11), ss. 2(5), 31(5), sch. 1 para. 9 (with s. 31(6), sch. 7)
F2Words in s. 12(1)(4)(5) substituted (1.4.2011) by Scottish Parliamentary Commissions and Commissioners etc. Act 2010 (asp 11), ss. 2(5), 31(5), sch. 1 para. 2 (with s. 31(6), sch. 7)
F3Words in s. 12(4)(5) substituted (1.4.2011) by Scottish Parliamentary Commissions and Commissioners etc. Act 2010 (asp 11), ss. 2(5), 31(5), sch. 1 para. 4 (with s. 31(6), sch. 7)