OpenLegislation

Section 9 Further provision about terms of referenceI1I2

Scotland

(1)

The terms of reference for a formal investigation under section 8 must—

(a)

describe the issue to be investigated,

(b)

identify (by name or description) any person to whom the Commissioner expects to address a recommendation in the report produced at the conclusion of the investigation,

(c)

state whether the Commissioner expects to need access to individuals’ information in the course of the investigation,

(d)

if the Commissioner does expect to need access to individuals’ information, state—

(i)

why that is the Commissioner’s expectation, and

(ii)

why the Commissioner expects to need that information in a form that does, or does not (as the case may be), allow individuals to be identified.

(2)

Before finalising the terms of reference for a formal investigation, the Commissioner—

(a)

must consult the advisory group established in accordance with section 16,

(b)

may consult any other person that the Commissioner considers appropriate.

Annotations

Commencement

I1

S. 9 not in force at Royal Assent, see s. 24(2)

I2

S. 9 in force at 1.5.2024 by S.S.I. 2024/110, reg. 2(1)