55Commencement of follow up investigation

55 Commencement of follow up investigation

(1) The Commissioner must not commence a follow up investigation under section 53(a) unless the health service provider—

(a) has not given the report on the undertaking under section 39 to the Commissioner within the time fixed by the Commissioner under that section; or

(b) has not, in the report given to the Commissioner under section 39, substantively addressed the implementation of the undertaking given by the provider to the Commissioner.

(2) The Commissioner must not commence a follow up investigation under section 53(b) unless the health service provider—

(a) has not given the response to the Commissioner within the time set out in—

(i) the investigation report; or

(ii) the follow up report; or

(b) has not, in the response required to be given to the Commissioner under section 52 or 58, substantively addressed the implementation of the recommendations made to the provider by the Commissioner.