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5(1)It shall be the duty of the [Director General] in the case of every complaint referred to [the Director General] by a [local policing body] or chief officer, to determine whether or not it is necessary for the complaint to be investigated.
[(1A)The Secretary of State may by regulations provide that the [Director General] must determine that it is necessary for complaints referred to [the Director General] that relate to the conduct of a chief officer or the Deputy Commissioner of Police of the Metropolis to be investigated.
(1B)Regulations under sub-paragraph (1A) may provide that the duty on the [Director General] applies only in relation to complaints relating to the conduct of a chief officer or the Deputy Commissioner of Police of the Metropolis that are of a description specified in the regulations.
(1C)Regulations under sub-paragraph (1A) may also provide that, where the [Director General] is required by the regulations to determine that it is necessary for a complaint to be investigated, paragraph 15 is to apply in relation to the complaint as if sub-paragraphs (4)(a), (4A) and (5A)(b) were omitted.]
(2)Where the [Director General] determines under this paragraph that it is not necessary for a complaint to be investigated [—
(a)in a case where the complaint is already being investigated by the appropriate authority on its own behalf (and notwithstanding the [Director General's] determination), the [Director General] must refer the complaint back to the appropriate authority for the investigation to be completed, and
(b)in any other case, the [Director General] may, if [the Director General] thinks fit, refer the complaint back to the appropriate authority to be dealt with by that authority in accordance with paragraph 6.]
(3)Where the [Director General] refers a complaint back under sub-paragraph (2), [the Director General] shall 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 [Director General] that to do so might prejudice [an investigation of the complaint (whether an existing investigation or a possible future one)], to the person complained against [(if any)].
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