PART 3Complaints etc.
CHAPTER 5Investigations and Subsequent Proceedings etc.
Special procedure: interview of the person concerned51.
(1)
This regulation applies where the person investigating a complaint or matter has provided the person concerned with a copy of the terms of reference of the investigation, or given the person concerned a notice under regulation 48(2).
(2)
In the case of an investigation under regulation 36 other than by the Commissioner acting personally, if the Commissioner wishes the person concerned to be interviewed as part of the investigation, the person investigating must refer the case to the Commissioner for the Commissioner—
(a)
if reasonably practicable, to agree a date and time for the interview with the person concerned;
(b)
where no date and time is agreed, to specify a date and time for the interview.
(3)
In any other case, if the person investigating wishes to interview the person concerned as part of the investigation, the person investigating must—
(a)
if reasonably practicable, agree a date and time for the interview with the person concerned;
(b)
where no date and time is agreed, specify a date and time for the interview.
(4)
Where a date and time is specified under paragraph (2) or (3) and—
(a)
the person concerned will not be available at that time; and
(b)
the person concerned proposes an alternative time which satisfies paragraph (5),
the interview must be postponed to the time proposed by the person concerned.
(5)
An alternative time proposed by the person concerned must—
(a)
be reasonable; and
(b)
fall before the end of the period of five working days starting with the first working day after the day specified by the person investigating or the Commissioner.
(6)
The person investigating must give the person concerned—
(a)
a notice stating the date, time and place of the interview; and
(b)
such information as the person investigating or, in the case of an investigation under regulation 36 other than by the Commissioner acting personally, the Commissioner considers appropriate in the circumstances of the case to enable the person concerned to prepare for the interview.
(7)
The person concerned must attend the interview.