(1) Proceedings for an offence against this Act or the regulations may be begun by the Inspectorate or by an inspector.
(2) If proceedings for an offence against this Act or the regulations have not begun within 6 months after the occurrence of an act or omission which a health and safety representative for a designated work group or an involved union in relation to such a designated work group, thinks constitutes an offence against this Act or the regulations, that health and safety representative or that involved union may, in writing, ask the Inspectorate to begin such proceedings.
(3) The Inspectorate must, within 3 months after receiving the request, advise the health and safety representative or the involved union, as the case may be, whether proceedings under subsection ( 1) have been or will be begun, and, if not, give reasons why not.