44. (1) For the purposes of section 37, the open disclosure of a Part 5 review shall be made on behalf of a health services provider by—

(a) the principal health practitioner, in relation to the patient to whom, or in respect of whom, the open disclosure of the Part 5 review is to be made, or

(b) where the conditions specified in subsection (2) are satisfied, a health practitioner referred to in that subsection.

(2) Where, for the purposes of subsection (1)—

(a) the principal health practitioner referred to in paragraph (a) of that subsection is not available or otherwise not in a position to make the open disclosure of the Part 5 review, or

(b) having had regard to the circumstances of the Part 5 review the health services provider, or the principal health practitioner referred to in paragraph (a) of that subsection, is satisfied that the open disclosure of the Part 5 review should be made by another health practitioner,

the open disclosure of that review shall be made by a health practitioner whom the health services provider, having considered the review concerned, considers appropriate.