Apprenticeships, Skills, Children and Learning Act 2009

217 Consultation with Parliamentary Commissioner for Administration

(1) Subsection (2) applies if, at any stage in the course of an investigation under this Chapter, a Local Commissioner forms the opinion that the matters which are the subject of the investigation include a matter which could be the subject of an investigation by the Parliamentary Commissioner for Administration in accordance with the Parliamentary Commissioner Act 1967 (c. 13) (“the 1967 Act”).

(2) The Local Commissioner—

(a) must consult the Parliamentary Commissioner for Administration about the matter; and

(b) where a complaint was made about the matter must, if the Local Commissioner considers it necessary, inform the complainant of the steps necessary to initiate a complaint under the 1967 Act.

(3) Consultation under subsection (2)(a) in relation to a matter under investigation under this Chapter may be about anything relating to the matter, including—

(a) the conduct of any investigation into the matter; and

(b) the form, content and publication of any report or statement of the result of such an investigation.

(4) Subsection (5) applies if, at any stage in the course of conducting an investigation under the 1967 Act, the Parliamentary Commissioner for Administration forms the opinion that the complaint relates partly to a matter which could be the subject of an investigation under this Chapter.

(5) The Parliamentary Commissioner for Administration—

(a) must consult the appropriate Local Commissioner about the complaint; and

(b) where the Parliamentary Commissioner considers it necessary, must inform the person initiating the complaint of the steps necessary to initiate a complaint under this Chapter.

(6) Where a Local Commissioner is consulted about a complaint under the 1967 Act by virtue of subsection (5), subsection (3) applies (with the necessary modifications) as it applies in relation to consultations held by virtue of subsection (2).

(7) Section 11(2) of the 1967 Act (secrecy) does not apply in relation to the disclosure of information in the course of consultations held in accordance with this section.