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Section 11 Reports on investigations

Scotland

(1)

The Commissioner must, at the conclusion of any investigation, F1prepare a report of the investigation.

(2)

The report must contain any recommendations by the Commissioner arising out of the investigation.

F2(2A)

In relation to any such recommendation, the report may include a requirement to respond.

(2B)

A requirement to respond is a requirement that the service provider provides, within such period as the Commissioner reasonably requires, a statement in writing to the Commissioner setting out—

(a)

what the service provider has done or proposes to do in response to the recommendation; or

(b)

if the service provider does not intend to do anything in response to the recommendation, the reasons for that.

(3)

A report of an investigation into the activities of a person named in, or identifiable from, the report may be F3finalised only if that person has, where this is reasonable and practicable, been given a copy of the draft report and an opportunity to make representations on it.

F4(4)

The Commissioner must lay before the Parliament the report of a general investigation.

(5)

The Commissioner may lay before the Parliament the report of an individual investigation.

F5(6)

Where a report of an investigation includes a requirement to respond, the Commissioner must give a copy of the report to the service provider.

Annotations

Textual amendments

F1

Word in s. 11(1) substituted (7.8.2017) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 5(4)(a), 102(3); S.S.I. 2016/254, art. 3(4) (with art. 4)

F2

S. 11(2A)(2B) inserted (7.8.2017) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 6(2)(a), 102(3); S.S.I. 2016/254, art. 3(4)

F3

Word in s. 11(3) substituted (7.8.2017) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 5(4)(b), 102(3); S.S.I. 2016/254, art. 3(4) (with art. 4)

F4

S. 11(4)(5) added (7.8.2017) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 5(4)(c), 102(3); S.S.I. 2016/254, art. 3(4) (with art. 4)

F5

S. 11(6) added (7.8.2017) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 6(2)(b), 102(3); S.S.I. 2016/254, art. 3(4)