Commentary on provisions of Act Monitoring and enforcement Schedule 3: Regulatory and enforcement powers Inquiry appointments
Schedule 3, paragraph 3(b) and (c) amends section 206 of the HRA 2008 to provide that consultants of the regulator are no longer ineligible for appointment to conduct an inquiry.
	Section 206 gives the regulator the power to hold an inquiry where it suspects that the affairs of a registered provider may have been mismanaged, to which paragraph 3(a) of Schedule 3 adds new grounds (see ‘Clarify grounds for use of enforcement powers’). Subsection (3) restricts who can be appointed to conduct an inquiry to individuals who are independent of the regulator. Paragraph 3(b) amends subsection (4) so that consultants of the regulator are no longer listed as individuals who are not independent of the regulator. The definition of ‘consultant’ in subsection (5) is removed by paragraph 3(c).
	This amendment ensures that the regulator can appoint independent inquirers with the right skills on a timely basis.