45. (1) Where a complainant dies, is a minor or is otherwise unable to act for himself or herself, then—

(a) any complaint which a complainant might otherwise have made or referred under this Part may be made or referred by the appropriate person, and

(b) anything in the process of being done by or in relation to a complainant under or by virtue of this Part may be continued by or in relation to the appropriate person,

and any reference in this Part, other than in this section, to a complainant shall be construed as including a reference to the appropriate person.

(2) For the purposes of subsection (1)—

(a) “appropriate person” means—

(i) where the complainant has died, his or her legal personal representative, or

(ii) in any other case, a member of his or her family, or some other person who is considered by the Ombudsman to be a suitable person to represent him or her,

and

(b) the reference to “complainant”, in so far as that subsection relates to a person who is a minor or who is otherwise unable to act for himself or herself, includes a reference to an intending complainant.