(1) If —
(a) a
person reasonably considers that the occurrence of an act, matter or thing
constitutes industrial manslaughter, a Category 1 offence or a Category 2
offence; and
(b) no
prosecution has been brought in relation to the occurrence of the act, matter
or thing after 6 months but not later than 12 months after that occurrence,
the person may make a
written request to the regulator that a prosecution be brought.
(2) Within 3 months
after the day on which the regulator receives a request the regulator must
—
(a)
advise the person (in writing) —
(i)
whether the investigation is complete; and
(ii)
if the investigation is complete, whether a prosecution
has been or will be brought or give reasons why a prosecution will not be
brought;
and
(b)
advise the person who the applicant believes committed the offence of the
application and of the matters set out in paragraph (a).
(3) In this section a
reference to the occurrence of an act, matter or thing includes a reference to
a failure in relation to an act, matter or thing.