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22.—(1) The Commission must, in the case of every complaint referred to it by the Chief Executive, determine whether or not it is necessary for the complaint to be investigated.
(2) Where the Commission determines under this regulation that it is not necessary for a complaint to be investigated, it may, if it thinks fit, refer the complaint back to the Chief Executive to be dealt with by the Chief Executive in accordance with regulation 23.
(3) Where the Commission refers a complaint back under paragraph (2), it must give a notification of the making of the reference back—
(a)to the complainant; and
(b)except in a case where it appears to the Commission that to do so might prejudice a possible future investigation of the complaint, to the person complained against.
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