45. (1) For the purposes of making an open disclosure of a Part 5 review pursuant to section 37, the health services provider shall make the open disclosure of that Part 5 review at a time when it considers to be appropriate having regard to—

(a) the desirability, subject to paragraphs (b) and (c), of making the open disclosure as soon as practicable notwithstanding that—

(i) as referred to in section 37(2), the health services provider does not have all of the information relating to the Part 5 review available to it when the open disclosure of that review is made, or

(ii) without prejudice to subparagraph (i), the health services provider does not have all, or any, of the information in respect of the Part 5 review available to it when the open disclosure of the Part 5 review is made,

(b) all the circumstances of the patient and the nature, and consequences, of the Part 5 review concerned, and

(c) the requirements of section 46.

(2) Having considered the appropriate time for making the open disclosure of the Part 5 review, the health services provider shall take all steps reasonably open to it to make the open disclosure as soon as practicable following that consideration.

(3) Where an open disclosure of a Part 5 review is not made as soon as practicable after the consideration referred to in subsection (2), nothing in this Act shall be construed as preventing section 41 from having effect in respect of that open disclosure of that review.