the person who is being investigated (“D”),

the suspected failure to comply with a relevant requirement.

give each person who is given notice of the proposed terms an opportunity to make representations about the proposed terms, and

consider any representations made.

publish the terms of reference of the investigation in a manner that the Commissioner thinks is likely to bring the investigation to the attention of persons whom it concerns or who are likely to be interested in it, and

D, and

any other interested person.

D, or

a legal adviser who is acting on behalf of D.

the decision to refuse to consider the representations, and

the reasons for the decision.

a person who, for the purposes of the Legal Services Act 2007, is an authorised person, or a European lawyer who is an exempt person by virtue of paragraph 7 of Schedule 3 to that Act, 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), or

an advocate or solicitor in Scotland.

to provide information in A's possession;

to produce documents in A's possession;

to give oral evidence.

the form of information, documents or evidence;

the timing of anything to be done in accordance with the notice.

the consequences if A does not comply with the notice; and

the right of appeal under paragraph 9.

provides information,

produces documents, or

gives oral evidence.

sums in respect of expenses properly incurred by B, and

allowances by way of compensation for loss of B's time.

in accordance with such scales as may be determined by the Commissioner, and

subject to such conditions as may be determined by the Commissioner.

to disclose sensitive information within the meaning of paragraph 4 of Schedule 3 to the Intelligence Services Act 1994 (Intelligence and Security Committee),

to disclose information which might lead to the identification of an employee or agent of an intelligence service (other than one whose identity is already known to the Commissioner),

to disclose information which might provide details of processes used in recruiting, selecting or training employees or agents of an intelligence service,

to disclose information which might provide details of, or cannot practicably be separated from, information falling within any of paragraphs (a) to (c), or

to make a disclosure of information relating to an intelligence service which would prejudice the interests of national security.

the Security Service,

the Secret Intelligence Service, and

the Government Communications Headquarters.

paragraphs 9 and 10 do not apply in relation to that part of the notice under paragraph 5 to which the notice under sub-paragraph (1) above relates,

the Commissioner may apply to the tribunal established by section 65 of the Regulation of Investigatory Powers Act 2000 for an order requiring the person to take such steps as may be specified in the order to comply with the notice,

the tribunal established by section 65 of that Act must determine proceedings under this paragraph by considering the opinion of A in accordance with the principles that would be applied by a court on an application for judicial review of the giving of the notice.

has failed without reasonable excuse to comply with a notice under paragraph 5, or

is likely to fail without reasonable excuse to comply with a notice under paragraph 5.

a dwelling, or

premises that are not under the control of the person being investigated.