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Change 1
As published
69B Investigation procedure
(1) If the Ombudsman conducts an investigation under section 69, the Ombudsman must give the person to whom the investigation relates an opportunity to comment on whether that person has failed to comply with the code of conduct of the relevant authority of which that person is or was a member or co-opted member.
(2) An investigation must be conducted in private.
(3) Subject to subsections (1) and (2), the procedure for conducting an investigation is that which the Ombudsman thinks appropriate in the circumstances of the case.
(4) The Ombudsman may, among other things—
(a) make any inquiries which the Ombudsman thinks appropriate;
(b) determine whether any person may be represented in the investigation by an authorised person or another person.
(5) In subsection (4) “authorised person” means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act).
(6) The Ombudsman may pay to the person (if any) who made an allegation as described in section 69(1)(a) and to any other person who attends or supplies information for the purposes of the investigation—
(a) sums in respect of the expenses properly incurred by them, and
(b) allowances to compensate for the loss of their time.
(7) The Ombudsman may attach conditions to payments under subsection (6).
(8) The carrying out of an investigation under section 69 does not affect—
(a) the validity of any action taken by a relevant authority, or
(b) any power or duty of a relevant authority to take further action in respect of any matter under investigation.
Your change, as a redline
69B Investigation procedure
(1) If the Ombudsman conducts an investigation under section 69, the Ombudsman must give the person to whom the investigation relates an opportunity to comment on whether that person has failed to comply with the code of conduct of the relevant authority of which that person is or was a member or co-opted member.
(2) An investigation must be conducted in private.
(3) Subject to subsections (1) and (2), the procedure for conducting an investigation is that which the Ombudsman thinks appropriate in the circumstances of the case.
(4) The Ombudsman may, among other things—
(a) make any inquiries which the Ombudsman thinks appropriate;
(b) determine whether any person may be represented in the investigation by an authorised person or another person.
(5) In subsection (4) “authorised person” means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act).
(6) The Ombudsman may pay to the person (if any) who made an allegation as described in section 69(1)(a) and to any other person who attends or supplies information for the purposes of the investigation—
(a) sums in respect of the expenses properly incurred by them, and
(b) allowances to compensate for the loss of their time.
(7) The Ombudsman may attach conditions to payments under subsection (6).
(8) The carrying out of an investigation under section 69 does not affect—
(a) the validity of any action taken by a relevant authority, or
(b) any power or duty of a relevant authority to take further action in respect of any matter under investigation.
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