39.—(1) The head of a public body may authorise such and so many officers of the body as he or she considers appropriate (referred to in this Act as “inquiry officers”) to perform the functions conferred on inquiry officers by this section.

(2) The head of a public body shall draw up procedures in relation to the making and investigation of complaints and such other matters relating to complaints as he or she considers appropriate and shall cause the procedures to be published.

(3) An inquiry officer shall be independent in the performance of his or her functions.

(4) Following the receipt of a complaint by the head of a public body under section 38, he or she shall refer the matter to an inquiry officer.

(5) When a complaint is referred to an inquiry officer under subsection (4), he or she shall (unless he or she is of opinion that it is frivolous or vexatious in which case he or she shall notify the public body and the complainant to that effect) investigate the complaint and prepare a report in writing of the results of his or her investigation and furnish a copy of it to the head of the public body concerned and to the person who made the complaint.

(6) A report under subsection (5) shall set out the findings of the inquiry officer concerned together with a determination in relation to the following matters, namely—

(a) in case the determination is that the complaint is not frivolous or vexatious, whether there has been a failure by the public body the subject of the complaint to comply with a provision referred to in section 38, and

(b) in case the determination is that there has been such a failure, the steps required to be taken by the public body concerned to comply with the provision concerned.

(7) An investigation by an inquiry officer under this Act shall be conducted otherwise than in public.

(8) In this section “complaint” means a complaint under section 38.