A lifeguard who was on poolside duty when a teenager suffered an epileptic fit and later died, is to face prosecution.
The legal action by the Health and Safety Executive follows the death of 16-year-old John Rudderham, of Hull.
He was at the Atlantis water park in Scarborough when he suffered a fit while swimming in the outdoor pool.
The teenager died in hospital the following day on 19 June 2000.
An inquest in August 2001 recorded a verdict of accidental death, but coroner Michael Oakley criticised safety arrangements at the pool.
Lifeguard Jason Prosser will face charges along with Scarborough Council, which operates the water park.
The cases are due to be heard by Scarborough magistrates next month.