SCHEDULE 2E+WINQUIRIES BY THE COMMISSIONER

RepresentationsE+W

6(1)The Commissioner must make arrangements for giving persons an opportunity to make representations in relation to inquiries.E+W

(2)The arrangements must give the following persons an opportunity to make representations in the course of an inquiry—

(a)each person who—

(i)is specified in the terms of reference, or

(ii)falls within a category of person specified in the terms of reference, and

(b)the Welsh Ministers.

(3)Arrangements under this paragraph may, amongst other things, include arrangements for oral representations.

Commencement Information

I1Sch. 2 para. 6 in force at 1.4.2012 by S.I. 2012/969, art. 2(e)

7(1)The Commissioner must consider representations made in relation to an inquiry by—E+W

(a)a person who—

(i)is specified in the terms of reference, or

(ii)falls within a category of person specified in the terms of reference, or

(b)a legal adviser who is acting on behalf of a person falling within paragraph (a)(i) or (ii), or

(c)the Welsh Ministers.

(2)The Commissioner must consider representations made in relation to an inquiry by any other person, unless the Commissioner thinks it is appropriate to refuse to do so.

(3)If the Commissioner refuses to consider representations made in relation to an inquiry, he or she must give the person who made the representations written notice of—

(a)the decision to refuse to consider the representations, and

(b)the reasons for the decision.

(4)In this paragraph “legal adviser” means—

(a)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), and

(b)an advocate or solicitor in Scotland.

Commencement Information

I2Sch. 2 para. 7 in force at 1.4.2012 by S.I. 2012/969, art. 2(e)