PART 4STANDARDS
CHAPTER 8STANDARDS INVESTIGATIONS AND REPORTS
Standards investigations
I161Standards investigations
1
In this Measure “standards investigation” means an investigation carried out in relation to a person (P) for the purpose of determining one or more of the following questions—
a
whether P should be — or should continue to be — liable to be required to comply with standards;
b
if P is within Schedule 6, what standards (if any) should be — or should continue to be — potentially applicable to P;
c
if P is within Schedule 8, what services (if any) should be — or should continue to be — specified in column (2) of P's entry in the Schedule 8 table;
d
what standards (if any) should be — or should continue to be —specifically applicable to P (whether or not the standards are already specified by the Welsh Ministers under section 26(1));
e
any other question which the Commissioner considers to be relevant to the extent to which P may be subject to the duty in section 25(1) to comply with standards.
2
A particular standards investigation may be carried out in relation to—
a
a particular person, or
b
a group of persons.
I262Power to carry out standards investigations
1
The Commissioner may carry out standards investigations.
2
But the Commissioner may not carry out a standards investigation unless he or she has given an exploration notice to each relevant person, at least 14 days before beginning the investigation.
3
An exploration notice is a notice in writing which—
a
states that the Commissioner is proposing to carry out a standards investigation, and
b
specifies the subject matter of the standards investigation.
4
In this section “relevant person” means—
a
in the case of a standards investigation relating to a particular person, that person;
b
in the case of a standards investigation relating to a group of persons, such persons—
i
who appear to the Commissioner to be members of the group, and
ii
to whom the Commissioner thinks it appropriate to give exploration notices.
I363Requirements when carrying out standards investigations
1
In carrying out a standards investigation, the Commissioner must have regard to the need to secure that requirements for persons to comply with standards by virtue of section 25(1) are not unreasonable or disproportionate.
2
If the Commissioner decides, or is directed, that a standards investigation is to consider whether service delivery standards should be specifically applicable to P, the investigation must—
a
consider whether, in respect of each of the activities specified in Schedule 9 which P carries out, it is reasonable and proportionate for service delivery standards to be specifically applicable to P, and
b
as respects each such activity, if it is reasonable and proportionate for service delivery standards to be specifically applicable to P, conclude that service delivery standards should be specifically applicable to P in relation to that activity.
3
In carrying out a standards investigation, the Commissioner must consult—
a
each relevant person,
b
the Advisory Panel, and
c
the public, except—
i
if, or
ii
to the extent that
the Commissioner considers that it is inappropriate to do so.
4
The failure of a person to participate in the Commissioner's consultation does not prevent the Commissioner from carrying out the standards investigation.
5
In this section “relevant person” means—
a
in the case of a standards investigation relating to a particular person, that person;
b
in the case of a standards investigation relating to a group of persons, such persons—
i
who appear to the Commissioner to be members of the group, and
ii
whom the Commissioner thinks it appropriate to consult.
Standards reports
I464Standards report
1
After carrying out a standards investigation, the Commissioner must produce a standards report.
2
A standards report is a document that sets out—
a
the conclusions of the standards investigation, and
b
the Commissioner's reasons for reaching those conclusions.
3
If—
a
the conclusions of the investigation are (in whole or in part) that any standards should be specifically applicable to P, and
b
any or all of those standards are not specified by the Welsh Ministers under section 26(1),
the report must set out the standards that are not specified.
4
As soon as reasonably practicable after preparing a standards report, the Commissioner—
a
must send a copy of the report to—
i
each relevant person,
ii
the Advisory Panel,
iii
each person who participated in the Commissioner's consultation under section 63, and
iv
the Welsh Ministers, and
b
may send a copy of the report to any other person whom the Commissioner considers to have an interest in the report.
5
In this section “relevant person” means—
a
in the case of a standards investigation relating to a particular person, that person;
b
in the case of a standards investigation relating to a group of persons, such persons—
i
who appear to the Commissioner to be members of the group, and
ii
to whom the Commissioner thinks it appropriate to give a copy of the report.
Welsh Ministers' power of direction
I565Direction to carry out standards investigation
1
This section applies if the Welsh Ministers exercise their powers under section 16 to direct the Commissioner so as to direct him or her to carry out a standards investigation in respect of a person or group of persons.
2
The direction must specify the following matters—
a
the person or group of persons in respect of which the investigation is to be carried out;
b
the subject matter of the investigation;
c
the reasons why the Welsh Ministers consider that the Commissioner should conduct the standards investigation;
d
the period (which must be no shorter than six months) within which the Commissioner must carry out the standards investigation.
3
Subsection (2) does not prevent the direction from specifying other matters.
Regard to be had to standards report
I666Welsh Ministers to have due regard to report
1
This section applies if the Commissioner has carried out a standards investigation and produced a standards report (whether or not at the direction or request of the Welsh Ministers).
2
The Welsh Ministers must have due regard to the standards report in deciding whether, and how, to exercise the powers conferred on them by this Part.