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Regulation 14 Power of the Commissioner to treat complaint as having been referred

Original text. Later amendments are not shown.

(1)

The Commissioner may treat a complaint that comes to the Commissioner’s attention otherwise than by having been referred to the Commissioner under regulation 13 as having been so referred.

(2)

Where the Commissioner treats a complaint as having been so referred under paragraph (1)—

(a)

regulations 12 and 13 do not apply, or cease to apply, in relation to the complaint except to the extent provided for by regulation 13(9); and

(b)

regulations 16, 17, 18, 32, and 64 apply in relation to the complaint as if it had been referred to the Commissioner by the appropriate authority under regulation 13.

(3)

The Commissioner must notify the following that a complaint is being treated as having been referred under paragraph (1)—

(a)

the appropriate authority;

(b)

the complainant;

(c)

except in a case where it appears to the Commissioner that to do so might prejudice an investigation of the complaint (whether an existing investigation or a possible future one), the person complained against (if any).

(4)

Where an appropriate authority receives a notification under paragraph (3) in respect of a complaint and the complaint has not yet been recorded, the authority must record the complaint.