Commentary on Sections Section 76 – No failure to comply with a relevant requirement
134.Where the Commissioner determines that D has not failed to comply with a relevant requirement (defined in section 71) he or she can decide to take no further action or, alternatively, give recommendations or advice to D or any other person.
135.Subsection (4) provides that where the investigation that led to the determination of no failure to comply follows a complaint made by a person alleging a failure by D to comply with a standard (under section 93), the Commissioner must ensure that the decision notice provided to the person who made the complaint informs that person of the right to appeal against the Commissioner’s determination. That right of appeal is to the Welsh Language Tribunal under section 99 on the ground that D did fail to comply with the relevant requirement.
136.Before making a final determination as to whether D has failed to comply with a relevant requirement the Commissioner must satisfy the requirements of section 85.