PART 4STANDARDS

CHAPTER 8STANDARDS INVESTIGATIONS AND REPORTS

Standards investigations

61Standards investigations

(1)

In this Measure “standards investigation” means an investigation carried out in relation to a person (P) for the purpose of determining one or more of the following questions—

(a)

whether P should be — or should continue to be — liable to be required to comply with standards;

(b)

if P is within Schedule 6, what standards (if any) should be — or should continue to be — potentially applicable to P;

(c)

if P is within Schedule 8, what services (if any) should be — or should continue to be — specified in column (2) of P’s entry in the Schedule 8 table;

(d)

what standards (if any) should be — or should continue to be —specifically applicable to P (whether or not the standards are already specified by the Welsh Ministers under section 26(1));

(e)

any other question which the Commissioner considers to be relevant to the extent to which P may be subject to the duty in section 25(1) to comply with standards.

(2)

A particular standards investigation may be carried out in relation to—

(a)

a particular person, or

(b)

a group of persons.

62Power to carry out standards investigations

(1)

The Commissioner may carry out standards investigations.

(2)

But the Commissioner may not carry out a standards investigation unless he or she has given an exploration notice to each relevant person, at least 14 days before beginning the investigation.

(3)

An exploration notice is a notice in writing which—

(a)

states that the Commissioner is proposing to carry out a standards investigation, and

(b)

specifies the subject matter of the standards investigation.

(4)

In this section “relevant person” means—

(a)

in the case of a standards investigation relating to a particular person, that person;

(b)

in the case of a standards investigation relating to a group of persons, such persons—

(i)

who appear to the Commissioner to be members of the group, and

(ii)

to whom the Commissioner thinks it appropriate to give exploration notices.

63Requirements when carrying out standards investigations

(1)

In carrying out a standards investigation, the Commissioner must have regard to the need to secure that requirements for persons to comply with standards by virtue of section 25(1) are not unreasonable or disproportionate.

(2)

If the Commissioner decides, or is directed, that a standards investigation is to consider whether service delivery standards should be specifically applicable to P, the investigation must—

(a)

consider whether, in respect of each of the activities specified in Schedule 9 which P carries out, it is reasonable and proportionate for service delivery standards to be specifically applicable to P, and

(b)

as respects each such activity, if it is reasonable and proportionate for service delivery standards to be specifically applicable to P, conclude that service delivery standards should be specifically applicable to P in relation to that activity.

(3)

In carrying out a standards investigation, the Commissioner must consult—

(a)

each relevant person,

(b)

the Advisory Panel, and

(c)

the public, except—

(i)

if, or

(ii)

to the extent that

the Commissioner considers that it is inappropriate to do so.

(4)

The failure of a person to participate in the Commissioner’s consultation does not prevent the Commissioner from carrying out the standards investigation.

(5)

In this section “relevant person” means—

(a)

in the case of a standards investigation relating to a particular person, that person;

(b)

in the case of a standards investigation relating to a group of persons, such persons—

(i)

who appear to the Commissioner to be members of the group, and

(ii)

whom the Commissioner thinks it appropriate to consult.