15. (1) Before making an open disclosure of a notifiable incident, a health services provider shall—

(a) in order to determine the appropriate time at which to make the open disclosure to the patient or the relevant person (or both of them) and having regard to section 14(1)(a)—

(i) make an assessment of all the circumstances of the patient and the nature of the notifiable incident, and

(ii) consult, having had regard to the circumstances referred to in subparagraph (i), with such other person (if any) as the health services provider considers appropriate,

(b) determine, subject to subsection (2), whether the open disclosure of the notifiable incident is to be made to the patient or the relevant person (or both of them) having had regard to—

(i) the assessment referred to in paragraph (a)(i),

(ii) the nature of the notifiable incident, and

(iii) consultations, if any, referred to in paragraph (a)(ii),

(c) determine whether, having regard to the nature and circumstances of the notifiable incident concerned, it is appropriate for an apology to be made to the patient or the relevant person (or both of them) at the notifiable incident disclosure meeting,

(d) consider the information relating to the notifiable incident and, having regard to the complexity of that information, take all steps as are reasonably open to the health services provider to present that information in as clear a manner as is possible having regard to that complexity,

(e) designate, in accordance with section 16, a person to liaise with the health services provider and the patient or relevant person (or both of them) in relation to the open disclosure of the notifiable incident and in respect of a request for clarification under section 23, and

(f) having regard to the information available, make arrangements for the preparation of the statement, referred to in section 18(5), that is to be provided, in accordance with section 18(2)(c) to the patient or relevant person (or both of them).

(2) Subsection (1)(b) shall not apply where an open disclosure of a notifiable incident is made to a relevant person pursuant to section 7(1)(b)(ii), (iii) or (1)(c) as the case may be.