PART 5ENFORCEMENT OF STANDARDS
CHAPTER 1INVESTIGATING FAILURE TO COMPLY WITH STANDARDS ETC
Consultation
I186Consultation before final determination following an appeal
1
This section applies if the Commissioner is directed, following an appeal under section 99 or 101, or following any further appeal, to determine under section 73 that D has failed to comply with a standard (the “new determination”).
2
Before finally deciding what, if any further action to take based upon the new determination, the Commissioner must give each interested person—
a
notice of whether or not the Commissioner is proposing to take further action, and a statement of the Commissioner's reasons for proposing to do so;
b
if the Commissioner is proposing to take further action, notice of that proposed action, and a statement of the Commissioner's reasons for proposing to take that action; and
c
copies of the draft of the decision notice which the Commissioner is proposing to give.
3
Before settling the investigation report, the Commissioner must give each interested person a draft of the proposed report.
4
The Commissioner must—
a
give D an opportunity to make representations about the proposals referred to in subsections (2) and (3), and
b
give any other interested person an opportunity to make representations about the proposals referred to in subsection (3).
5
The Commissioner must have due regard to any representations made by D or any other interested person under subsection (4).
6
The Commissioner is to determine the period within which a person may make representations in accordance with subsection (4); but the period must not be less than 28 days.