COMMISSIONER FOR COMPLAINTS ACT (NORTHERN IRELAND) 1969 - SECT 8 Procedure in respect of investigations.

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COMMISSIONER FOR COMPLAINTS ACT (NORTHERN IRELAND) 1969 - SECT 8

Procedure in respect of investigations.

8.(1) Where the Commissioner proposes to conduct an investigation pursuant to
a complaint under this Act, he shall furnish to

(a)the body concerned; and

(b)any person who is alleged in the complaint to have taken or authorised the
action complained of or who is otherwise involved in allegations made in the
complaint;

(2) Every investigation under this Act shall be conducted in private, but,
except as provided by this section, the procedure for conducting an
investigation shall be such as the Commissioner considers appropriate in the
circumstances of the case.

(3) Without prejudice to the generality of subsection (2), the Commissioner
may obtain information from such persons and in such manner and make such
inquiries, as he thinks fit.

(4) The Commissioner shall not be obliged to hold any hearing, and no person
shall be entitled as of right to be heard by the Commissioner but, if at any
time during the course of an investigation it appears to the Commissioner that
there may be sufficient grounds for making any report or recommendation that
may adversely affect any local or other public body or any member or officer
thereof or any Minister or department or other person, the Commissioner shall
give to that body, member, officer, Minister, department or other person, as
the case may be, if it or he should so desire, the opportunity of being
examined by its or his own solicitor or counsel and the opportunity of testing
by cross-examination, by its or his own solicitor or counsel or otherwise, any
evidence which may affect it or him: and where such opportunities are given to
a person other than the person aggrieved, the like opportunities shall be
given to the person aggrieved.

(5) The Commissioner may, if he thinks fit, pay to the person by whom the
complaint was made and to any other person who attends or furnishes
information for the purposes of an investigation under this Act

(a)sums in respect of expenses properly incurred by them;

(b)allowances by way of compensation for the loss of their time;

(6) No investigation under this Act shall affect the validity of any action
previously taken by the body concerned in the investigation or previously
taken by any Minister or government department with respect to that body or
any power or duty of that body, Minister or department to take further action
with respect to any matters subject to the investigation.

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Northern Irish Legislation

COMMISSIONER FOR COMPLAINTS ACT (NORTHERN IRELAND) 1969 - SECT 8