39.— (1) A person who is given a draft report by the committee under section 35 and who believes that—

(a) the committee has not observed fair procedures in the course of the conduct of the Part 2 inquiry in relation to him or her,

(b) the committee proposes to make a finding which is incorrect, misleading or irrelevant to the terms of reference for the inquiry and it is a finding in which he or she is concerned,

(c) the committee proposes to make a recommendation in which he or she is concerned which is inappropriate having regard to the evidence heard,

(d) a matter ought to have been omitted under section 38, or

(e) in any other respect the draft report does not comply with this Act,

may, within 14 days after he or she has been given the draft report (or such longer period (if any) as may be specified by the committee), give to the committee a statement in writing setting out the reasons for that belief and requesting the committee to review the draft report having regard to the statement.

(2) The committee, after considering a statement given under subsection (1) to it and reviewing the draft report, may hear further evidence if it considers it appropriate to do so, and having heard such evidence (if any) as it considers appropriate, shall—

(a) amend the draft report, including by omitting any part of the draft report based on evidence received without observing fair procedures, or

(b) decline to make any amendments to the draft report.

(3) The committee shall, before preparing a relevant report, give a notice in writing of its decision under subsection (2) to any person concerned, including particulars of any amendments made under this section to any person who is concerned in the amendments.

(4) Subject to section 94 (in any case where paragraph (b) of subsection (6) of that section applies), the committee shall not finalise a relevant report before the expiry of 21 days after the date on which all notices under subsection (3) that are required to be given have been given to the persons concerned.