Commentary on Sections Case 2
227.Subsection (3)(a) allows the Commissioner to investigate cases of interference in which D has indicated that P or R will be subjected to a detriment (either imposed by D or by someone else) because they have undertaken a particular communication in Welsh that falls within the definition of a Welsh communication.
228.Subsection (3)(b) performs an equivalent role to subsection (2)(b) which has been explained above. It allows the Commissioner to investigate instances where D’s threat that a detriment will be imposed relates to the use of Welsh more generally, but catches communications which fall within the definition of a Welsh communication.