Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022

Actions to be taken by inspector on completion of investigation

48. (1) Subject to subsection (3), where an inspector has completed an investigation, and considered any information or documents provided to him or her pursuant to any requirement under section 47 , the inspector shall, as soon as practicable—

(a) prepare a draft of the investigation report, and

(b) give to the registered person to whom the investigation relates and, if the investigation arose in consequence of the receipt of a complaint, the complainant—

(i) a copy of the draft of the investigation report,

(ii) a copy of this section, and

(iii) a notice in writing stating that the registered person and the complainant (if any) may, not later than 30 days beginning on the date on which the notice was respectively received by them, or such further period not exceeding 30 days as the inspector allows, each make submissions in writing to the inspector on the draft of the investigation report.

(2) Subject to subsection (3), an inspector who has complied with subsection (1) shall, as soon as practicable after—

(a) the expiration of the period referred to in subsection (1)(b)(iii), and

(b) having—

(i) considered the submissions (if any) referred to in subsection (1)(b)(iii) made before the expiration of that period on the draft of the investigation report concerned, and

(ii) made any revisions to the draft of the investigation report which, in the opinion of the inspector, are warranted following such consideration,

prepare the final form of the investigation report and submit it to the Board with any such submissions annexed to the report.

(3) Where an inspector states, whether in a draft of the investigation report or in the final form of the investigation report, that he or she is satisfied that improper conduct by the registered person has occurred or is occurring, the inspector shall not make any recommendation, or express any opinion, in the report as to the sanction that he or she thinks ought to be imposed on the registered person in respect of such improper conduct in the event that the Board is also satisfied that improper conduct by the registered person has occurred or is occurring.