40.—The Agency shall not conduct an investigation until the following requirements have been complied with:
(a) terms of reference for the investigation shall be drawn up by the Agency or, if the investigation is one which the Minister has required the Agency to conduct, by the Minister after consultation with the Agency;
(b) notice of intention to conduct an investigation shall be given by the Agency by a notice published in at least one daily newspaper circulating in the State unless the terms of reference refer to a specified person in which case the notice shall be given in writing to that person.
