Article 11 Investigation procedure

(1)

Where the Scottish Commissioner proposes to conduct an investigation pursuant to a complaint referred to him, he shall afford to–

(a)

the particular authority subject to investigation; and

(b)

any person who is alleged in the complaint to have taken or authorised the action complained of,

an opportunity to comment on any allegations contained in the complaint.

(2)

The investigation shall be conducted in private but in other respects the procedure for conducting the investigation shall be such as the Scottish Commissioner considers appropriate in the circumstances of the case, and, in particular, the Scottish Commissioner–

(a)

may obtain information from such persons and in such manner, and make such inquiries, as he thinks fit; and

(b)

may determine whether any person may be represented, by counsel or solicitor or otherwise, in the investigation.

(3)

The Scottish Commissioner may, if he thinks fit, pay to the person by whom the complaint was made and to any other person who attends or supplies information for the purposes of an investigation such sums in respect of expenses properly incurred by them, and such allowances by way of compensation for the loss of their time, in accordance with such scales and subject to such conditions as may be determined by the Parliamentary corporation.

(4)

The conduct of an investigation shall not affect–

(a)

any action taken by the authority concerned; or

(b)

any power or duty of that authority to take further action with respect to any matter subject to the investigation.