Ethics in Public Office Act 1995

Discontinuance of investigations.

31

31. (1) A Committee may at any time discontinue an investigation under section 9 of a complaint referred or made to it under section 8 if it becomes of opinion that the complaint concerned is frivolous or vexatious.

(2) The Commission may at any time discontinue an investigation under section 23 of a complaint referred or made to it under section 22 (other than subsection (4) thereof) F86 [ or made to it under section 4 of the Act of 2001 ] if it becomes of opinion that the complaint concerned is frivolous or vexatious.

(3) If a Committee decides to discontinue an investigation under section 9 , or the Commission decides to discontinue an investigation under section 23 , it shall prepare and furnish to—

( a) the person who made the complaint concerned, and

( b) the person to whom it related,

a statement in writing of the reasons for its decision and, in the case of such a decision by a Committee, it shall, in addition, prepare and furnish such a statement to the Clerk.

(4) Section 11 shall apply with any necessary modifications in relation to a case where an investigation is discontinued under subsection (1) and section 26 shall apply with any necessary modifications in relation to a case where an investigation is discontinued under subsection (2).

Annotations:

Amendments:

F86

Inserted (10.12.2001) by Standards in Public Office Act 2001 (31/2001), s. 13(1) and sch. 1, S.I. No. 576 of 2001 and resolutions of both Houses of the Oireachtas. Resolution of Dáil Éireann: Debates Volume 546, 6 December 2001. Resolution of Seanad Éireann: Debates Volume 168, 28 November 2001.