Section 395(2)

That procedure must be designed to secure, among other things that— a decision falling within any of paragraphs (a) to (c) of subsection (1) is taken— by a person not directly involved in establishing the evidence on which the decision is based, or by 2 or more persons who include a person not directly involved in establishing that evidence, a decision falling within paragraph (d) of subsection (1) is taken— by a person other than the person by whom the decision was first proposed, or by 2 or more persons not including the person by whom the decision was first proposed, and a decision falling within paragraph (d) of subsection (1) is taken in accordance with a procedure which is, as far as possible, the same as that applicable to a decision which gives rise to an obligation to give a warning notice and which falls within paragraph (b) or (c) of subsection (1).

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Source: legislation.gov.uk · retrieved 2026-09-04