(1) The Electrical Safety Regulator must seek the views of the Director of Public Prosecutions on the merits of a prosecution if:
(a) the Electrical Safety Regulator is considering bringing proceedings in respect of a death for a category 1 offence, category 2 offence or category 3 offence; or
(b) the Electrical Safety Regulator receives a request under section 223 for the prosecution of an offence in respect of a death.
(2) In seeking the views of the Director of Public Prosecutions, the Electrical Safety Regulator must give the Director of Public Prosecutions a copy of any relevant information and evidence the Electrical Safety Regulator may have, including a copy of any request.
(3) The Director of Public Prosecutions must give the Electrical Safety Regulator the Director's views on the following:
(a) the merits of a prosecution for the offence referred or for any other offence in respect of the death;
(b) whether the Director consents to a prosecution under section 226 .
(4) The views referred to in subsection (3) must be given within 45 business days after receiving the relevant information and evidence under subsection (2).
(5) Despite subsection (1), the Electrical Safety Regulator need not seek the views of the Director of Public Prosecutions on the merits of a prosecution in respect of a death that was previously referred under this section, unless there is new information or evidence to justify the referral.