Paragraph 8 Modification: insertion of regulation 21AI1

These Regulations are to be read as if after regulation 21 there were inserted—

“Special procedure: notice of enquiry

21A.

(1)

Where in the case of an investigation under—

(a)

paragraph 18 of Schedule 3 (investigations directed by the Director General), or

(b)

paragraph 19 of Schedule 3 (investigations by the Director General) other than by the Director General acting personally,

the Director General indicates that, having regard to the circumstances of the person concerned, it would be unreasonable to require the person to attend an interview and that the person should be given a written notice of enquiry, the person investigating must cause the person to be given a written notice of enquiry.

(2)

Where in the case of an investigation under —

(a)

paragraph 18 of Schedule 3, or

(b)

paragraph 19 of Schedule 3 other than by the Director General acting personally,

the person investigating forms the opinion that, having regard to the circumstances of the person concerned, it would be unreasonable to require the person to attend an interview, the person investigating must notify the Director General of that opinion.

(3)

Where in any other case the person investigating is satisfied that, having regard to the circumstances of the person concerned, it would be unreasonable to require the person to attend an interview, the person investigating may cause the person to be given a written notice of enquiry.

(4)

A notice of enquiry given under this regulation must—

(a)

state any question the person investigating or, in the case of an investigation under paragraph 18 of Schedule 3 or paragraph 19 of Schedule 3 other than by the Director General acting personally, the Director General, wishes to ask the person concerned, and

(b)

request a response to any such question from the person concerned within a specified period.

(5)

The person investigating must make a written record of any notice of enquiry and response received under this regulation.”.