41Council may dismiss complaints

41 Council may dismiss complaints

(1)  After conducting a substantive examination under this Part in respect of a complaint, the council must dismiss a complaint if satisfied on reasonable grounds that –

(a) any of the grounds specified in section 35(2) apply to the complaint; or

(b) the complaint is unlikely to be substantiated.

(2)  If the council dismisses a complaint, the council must prepare a written report of its substantive examination of the complaint which –

(a) sets out the council’s findings on material questions of fact; and

(b) refers to the evidence or other material on which those findings were based; and

(c) sets out the council’s reasons for dismissing the complaint.

(3)  The council must give a copy of the written report prepared under subsection (2) in respect of a complaint to –

(a) the relevant judicial officer; and

(b) if the relevant judicial officer is not the relevant head of jurisdiction – the relevant head of jurisdiction in respect of the judicial officer; and

(c) if the complaint was the subject of a resolution of Parliament under section 28 , the member of Parliament who raised the matter to which the resolution relates.

(4)  The council may give a copy of the written report prepared under subsection (2) in respect of a complaint, or a summary of the report, to the complainant.