SCHEDULES
SCHEDULE 3Handling of Complaints and Conduct matters etc.
Part 3Investigations and subsequent proceedings
Power of the Commission to determine the form of an investigation
I1C115
1
This paragraph applies where—
a
a complaint F1, recordable conduct matter or DSI matter is referred to the Commission; and
b
the Commission determines that it is necessary for the complaint or matter to be investigated.
2
It shall be the duty of the Commission to determine the form which the investigation should take.
3
In making a determination under sub-paragraph (2) the Commission shall have regard to the following factors—
a
the seriousness of the case; and
b
the public interest.
4
The only forms which the investigation may take in accordance with a determination made under this paragraph are—
a
an investigation by the appropriate authority on its own behalf;
b
an investigation by that authority under the supervision of the Commission;
c
an investigation by that authority under the management of the Commission;
d
an investigation by the Commission.
5
The Commission may at any time make a further determination under this paragraph to replace an earlier one.
6
Where a determination under this paragraph replaces an earlier determination under this paragraph, or relates to a complaint or matter in relation to which the appropriate authority has already begun an investigation on its own behalf, the Commission may give—
a
the appropriate authority, and
b
any person previously appointed to carry out the investigation,
such directions as it considers appropriate for the purpose of giving effect to the new determination.
7
It shall be the duty of a person to whom a direction is given under sub-paragraph (6) to comply with it.
8
The Commission shall notify the appropriate authority of any determination that it makes under this paragraph in relation to a particular complaint F1, recordable conduct matter or DSI matter .