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Death or disability of complainant
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45. (1) Where a complainant dies, is a minor or is otherwise unable to act for himself or herself, then—
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(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
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(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,
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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.
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(2) For the purposes of subsection (1)—
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(a) “appropriate person” means—
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(i) where the complainant has died, his or her legal personal representative, or
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(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,
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and
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(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.
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