182.— (1) Subject to subsection (3), where an inspector has completed an investigation, the inspector shall, as soon as is practicable after having considered, in so far as they are relevant to the investigation, any information or records, books or accounts (whether kept in manual form or otherwise) or other documents provided to the inspector pursuant to any requirement under section 181, any statement or admission made by any person pursuant to any requirement under that section, any submissions made and any evidence presented (whether at an oral hearing referred to in section 181(15) or otherwise)—

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

(b) give a copy of the investigation report together with a copy of this section to—

(i) the personal insolvency practitioner to whom the investigation relates,

(ii) if the investigation arose in consequence of the receipt of a complaint, the complainant, and

(iii) the Insolvency Service,

and shall in writing invite those persons to each make submissions in writing to the inspector on the draft of the investigation report not later than 30 days from the date on which the notice was sent to them, or such further period not exceeding 30 days as the inspector allows.

(2) An inspector who has complied with subsection (1) following the completion of an investigation shall, as soon as is practicable after the expiration of the period referred to in subsection (1)(b), and, having—

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

(b) 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, together with any such submissions annexed to the report, to each of the parties referred to in subsection (1) and the Complaints Committee.

(3) In a case where the investigation report states that the inspector is satisfied that improper conduct by the personal insolvency practitioner to whom the investigation relates has occurred or is occurring, the inspector shall not make any recommendation, or express any opinion, in the report as to the form of sanction (whether a minor sanction or a major sanction) that he or she thinks ought to be imposed on the personal insolvency practitioner in respect of such improper conduct.

(4) Where the Complaints Committee receives an inspector’s report it shall invite—

(a) the personal insolvency practitioner concerned,

(b) the Insolvency Service, and

(c) where the investigation by the inspector arose in consequence of the receipt of a complaint, the complainant,

to make submissions to it in writing regarding the matters the subject of the inspector’s report and the submissions furnished to those parties pursuant to subsection (2) within 30 days of the issue of the invitation or such further period as the Complaints Committee may allow.

(5) Subject to subsection (6), the Complaints Committee may consider the matter on the basis of the inspector’s report and any submissions made to the inspector pursuant to subsection (1), and to the Complaints Committee pursuant to subsection (4), and may also have regard to any documents furnished to the inspector in the course of the inspection.

(6) Where the Complaints Committee is of the opinion that for the purposes of observing fair procedures it is appropriate to do so, it may conduct an oral hearing.

(7) Part 2 of Schedule 2 shall apply for the purposes of an oral hearing referred to in subsection (6).

(8) Having completed its consideration of the matter the Complaints Committee shall make a determination as to whether the conduct of the personal insolvency practitioner the subject of the investigation constitutes improper conduct.

(9) Where the Complaints Committee determines that the conduct of the personal insolvency practitioner does not constitute improper conduct it shall dismiss the complaint.

(10) Where the Complaints Committee determines that the conduct of the personal insolvency practitioner the subject of the investigation does constitute improper conduct it shall determine whether the appropriate sanction is a minor sanction or a major sanction in the circumstances of the case.

(11) Where the Complaints Committee determines that the appropriate sanction is a minor sanction it shall determine which of the sanctions specified in the definition of minor sanction is the appropriate sanction in the circumstances of the case and shall impose that sanction.

(12) Where the Complaints Committee determines that the appropriate sanction is a major sanction it shall determine which of the sanctions specified in the definition of major sanction is the appropriate sanction in the circumstances of the case and in such a case it shall refer the matter to the High Court and make a recommendation as to the appropriate sanction.

(13) In every case where a determination is made under subsections (8) to (12) the Complaints Committee shall furnish a copy of that determination to—

(a) the personal insolvency practitioner concerned,

(b) the Insolvency Service, and

(c) where the investigation by the inspector arose in consequence of the receipt of a complaint, the complainant.

(14) Where a matter is referred to the High Court it shall determine, having given all the parties an opportunity to make submissions, whether the appropriate sanction is a minor sanction or a major sanction in the circumstances of the case, and

(a) where the Court determines that the appropriate sanction is a minor sanction it shall determine which of the sanctions specified in the definition of minor sanction in section 159 is the appropriate sanction in the circumstances of the case and shall impose that sanction, and

(b) where the Court determines that the appropriate sanction is a major sanction it shall determine which of the sanctions specified in the definition of major sanction in section 159 is the appropriate sanction in the circumstances of the case and shall impose that sanction.