3. Where the death of a victim is caused directly by an offence and more than one family member of the victim seeks to avail himself or herself of a right under this Act in respect of the offence, the Garda Síochána, the Ombudsman Commission, the Director of Public Prosecutions, the Irish Prison Service, the director of a children detention school or the clinical director of a designated centre, as the case may be, may—

(a) request that the family members concerned nominate a family member to avail himself or herself of the right, or

(b) where the family members are unable to reach agreement in respect of a nomination under paragraph (a), nominate one or more family members for the purposes of availing of the right concerned, having regard to the degree of relationship between the family members and the victim.