40.— (1) If the preliminary proceedings committee advises, pursuant to section 38, that there is sufficient cause to warrant further action or the Council decides, under section 39, to take further action, the committee shall either—

(a) refer the complaint for resolution by mediation under section 37, or

(b) refer the complaint to whichever of the following committees (“committees of inquiry”) it considers appropriate—

(i) the professional conduct committee,

(ii) the health committee.

(2) If informed by a mediator that a complaint referred for resolution by mediation—

(a) cannot be so resolved,

(b) can be so resolved but only after taking into account considerations which make the complaint more suitable for a committee of inquiry,

the committee shall refer the complaint to a committee of inquiry as if under subsection (1)(b).