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34.—(1) It shall be the duty of the Commission, in the case of every recordable conduct matter referred to it by the appropriate authority under regulation 33 (reference of conduct matters to the Commission), to determine whether or not it is necessary for the matter to be investigated.
(2) Where the Commission determines under this regulation that it is not necessary for a recordable conduct matter referred by the appropriate authority to be investigated, it may if it thinks fit refer the matter back to the appropriate authority to be dealt with by that authority in such manner (if any) as that authority may determine.
(3) Where the Commission—
(a)refers a matter back to the appropriate authority under this regulation; and
(b)does not consider that to do so might prejudice a possible future investigation of that matter,
the Commission shall give a notification of the making of the reference to the person to whose conduct that matter relates.
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