Standards in Public Office Act, 2001
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Investigations by Commission. |
7.—Section 23 of the Principal Act is hereby amended by the substitution of the following subsections for subsection (1): | |
“(1) (a) Subject to the provisions of this section, where a complaint is made to the Commission under section 4 of the Act of 2001 or made or referred to it under section 22 or the Commission considers it appropriate to do so, the Commission shall carry out an investigation to determine whether, as appropriate— | ||
(i) the person concerned or a connected person has done a specified act, or | ||
(ii) the person concerned has contravened Part II, III or IV or the Act of 1997. | ||
(b) Subject to the provisions of this section, where the Commission considers in the case of— | ||
(i) a person who may have contravened Part II, III or IV or the Act of 1997 at a time when he or she was an office holder, | ||
(ii) a person who is an office holder and who may have contravened Part II or the Act of 1997 before becoming an office holder, | ||
(iii) a person to whom section 22(4)(b)(i) applies and who may have contravened Part IV, or | ||
(iv) a person who may have done a specified act, | ||
that it is appropriate to do so, it shall carry out an investigation to determine, whether, as may be appropriate— | ||
(I) the person referred to in subparagraph (i) contravened Part II, III or IV or the Act of 1997 at a time when he or she was an office holder, | ||
(II) the person referred to in subparagraph (ii) contravened Part II or the Act of 1997 before becoming an office holder, | ||
(III) the person referred to in subparagraph (iii) contravened Part IV, or | ||
(IV) the person referred to in subparagraph (iv) did a specified act. | ||
(1A) The Commission shall not carry out an investigation under subsection (1) into a complaint under subsection (1) of section 4 of the Act of 2001 in relation to a matter referred to in paragraph (a) of that subsection unless— | ||
(a) the complaint was made or referred to it by a Committee, or | ||
(b) the Commission becomes of opinion, after consideration by it of any report of an inquiry officer in relation to the matter and any statements or documents accompanying the report, that there is sufficient evidence to establish a prima facie case in relation to the alleged specified act concerned and that, if it was in fact done, it is an act falling within the said paragraph (a). | ||
(1B) The Commission shall not investigate a complaint by a person other than a member or a person referred to in paragraph (c) or (d) of section 22(4) if it considers the complaint to be frivolous or vexatious. | ||
(1C) Subject to subsection (1A)(b), if the Commission becomes of opinion that evidence sufficient to sustain a complaint referred or made to it under section 22 or section 4 of the Act of 2001 is not and will not be available, it may decide not to carry out, or to discontinue, an investigation under this section and, if it does so, it shall prepare a record of the decision and subsection (1) and (4) of section 24 shall apply in relation to such a record as it applies to a report under subsection (1) of that section with any necessary modifications.”. |