(1) The nomination of a health service provider lapses if—
(a) the organisation gives a notice in accordance with section 39(1); or
(b) the nominated health service provider—
(i) dies; or
(ii) ceases to be a health service provider; or
(iii) refuses or fails to act within a reasonable time.
(2) If a nomination lapses, the individual may make one more nomination under section 38(1).