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Prohibition on certain communications
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4. (1) A person (in this section referred to as the “first-mentioned person”) shall not communicate with a teacher, tutor or principal or any other person who performs a function in relation to the provision of any estimated mark (in this section referred to as a “relevant person”), either for the first-mentioned person’s benefit or for the benefit of another person, for the purpose of improperly influencing the consideration by a relevant person of any matter which falls to be considered or decided by such relevant person in the performance of such function.
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(2) If a relevant person is of the opinion that a person has communicated with him or her in contravention of subsection (1), the relevant person shall not entertain the communication further and shall immediately inform the following, in writing, of the substance of the communication:
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(a) where the relevant person is a teacher or tutor, the principal;
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(b) where the relevant person is a principal or any other person (other than a teacher or tutor), the Commission.
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(3) The principal or the Commission, as the case may be, shall acknowledge in writing the receipt of any information under subsection (2).
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(4) The principal shall immediately notify the Commission in writing of any information received under subsection (2).
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(5) (a) Where a communication is made in contravention of subsection (1), the Commission may, in accordance with such procedures as may be prescribed, carry out a review.
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(b) The Commission may, following a review referred to in paragraph (a), withhold all or any of the accredited grades comprised in the Leaving Certificate 2021 in respect of any candidate by whom, or for whose benefit, the communication concerned was made.
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(6) Where the Commission decides to withhold all or any of the accredited grades as provided for by subsection (5), the candidate may appeal against such decision in accordance with such procedures as may be prescribed.
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(7) The power to withhold all or any accredited grades under this section is without prejudice to any other power, rights or remedies available to a person relating to the withholding of results for any reason relating to the Leaving Certificate Examination.
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