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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 26 April 2023 - onwards
Version 2 of 2

47. Complaints in relation to decision-making representatives

(1) A person may make a complaint in writing to the Director concerning one or both of the following matters:

(a) that a decision-making representative has acted, is acting, or is proposing to act outside the scope of, or in breach of, his or her functions as specified in the decision-making representation order, or in breach of this Act;

(b) that a decision-making representative is not suitable, having regard to the matters referred to in section 38(5), to be a decision-making representative.

(1A) Following the receipt of a complaint under subsection (1) the Director shall carry out such review or investigation of the matter the subject of the complaint as he or she considers appropriate and shall, subject to subsection (1B), form a view as to whether or not the complaint is well founded not later than 3 months after the date of his or her receipt of the complaint (in this section referred to as the 'initial investigation period').

(1B) The Director may, before the date of expiry of the initial investigation period, extend the duration of his or her investigation by a period of up to 6 months from that date by sending written notice to the complainant, the person who is the subject of the complaint and the relevant person concerned giving reasons for the extension.