91.— (1) If a complaint concerns the death of, or serious harm to, a person as a result of Garda operations or while in the custody or care of the Garda Síochána, the Ombudsman Commission shall immediately direct a designated officer to—

(a) examine the complaint for the purpose of recommending whether the complaint should be investigated under section 95 or 98, and

(b) report his or her recommendation to the Commission as soon as practicable.

(2) On receiving the designated officer’s recommendation, the Ombudsman Commission shall either—

(a) conduct an investigation under section 95, or

(b) direct a designated officer of the Commission to investigate the complaint under section 98.