'(1) The responsible clinician must, if requested to do so by P's representative refer to the medical adviser appointed by the Secretary of State for that purpose any complaint made by P's representative as to the outcome of a review.

(2) If, on a reference under subsection (1) the complaint is not resolved within the prescribed time and the medical adviser upholds the complaint, the responsible clinician must apply to the court.

(3) If—

(a) the responsible clinician fails to make a reference under subsection (1),

(b) the complaint is not resolved within the prescribed time, and the medical adviser dismisses the complaint, or

(c) the responsible clinician fails to act in accordance with subsection 2,

P's representative may apply to the court.

(4) On an application under subsection (2) or (3), the court must, so far as relevant to the application, make a declaration either—

(a) that the determination of the responsible clinician in respect of that matter is approved, or

(b) that the determination of the responsible clinician in respect of that matter is not approved.'.