# National Assembly for Wales Commissioner for Standards Measure 2009, Section 10: Investigation by the Commissioner of complaints and self-referrals by Members of the Senedd


(1) The Commissioner must investigate complaints and self-referrals by Members of the Senedd and must, subject to subsection (3), report to the Senedd on the outcome of investigations, in accordance with—
(a) the provisions of the Standing Orders, and
(b) any rules relating to the consideration of complaints against , or self-referrals by, Members of the Senedd which have been adopted by the Senedd under the Standing Orders.
(1A) The rules mentioned in subsection (1)(b) may prescribe conditions which the Commissioner must be satisfied are met before the Commissioner conducts an investigation under this section (for example, provision about form and contents of a complaint or self-referral by a Member of the Senedd, setting time-limits for commencing an investigation or rules about evidence requirements).
(2) Subject to subsection (1), it is for the Commissioner to decide when and how to carry out an investigation and to report on its outcome.
(3) The Commissioner may, in such circumstances as may be prescribed by rules referred to in subsection (1)(b), dismiss a complaint or self-referral by a Member of the Senedd summarily without reporting on it to the Senedd but must instead notify in writing the Member of the Senedd in question and , in the case of a complaint, the person who made the complaint, giving reasons for the dismissal.
(4) A report by the Commissioner to the Senedd on the outcome of an investigation may not include any recommendation as to what sanction, if any, should be imposed on the Member of the Senedd in question.
(5) If, in the course of carrying out an investigation under this section, the Commissioner becomes aware of any circumstances which—
(a) give rise to issues of principle or of general practice relevant to the Clerk's functions under section 138 of the Act (Clerk to be the principal accounting officer for the Commission), or
(b) could, upon further consideration by the Clerk, give rise to a duty on the Clerk under section 9,
the Commissioner must communicate those circumstances in writing to the Clerk.
(6) Standing Orders must make provision for investigations under this section.

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Source: https://www.legislation.gov.uk/mwa/2009/4/section/10 (the official version)
Page: https://openlegislation.uk/national-assembly-for-wales-commissioner-for-standards-measure-2009/section-10
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.