8.—(1) Subject to paragraph 5(3) and sub-paragraphs (2) to (5) the expenses of each party to the appeal shall be borne by that party.N.I.
(2) Where the independent medical referee —
(a)decides in favour of the Board; and
(b)reports that in his opinion the appeal was frivolous, vexatious or manifestly ill-founded,
the Board may require the appellant to pay it such sum not exceeding the amount of the fees and allowances payable to the independent medical referee under paragraph 7(1), as it thinks fit.
(3) Where the appellant gives notice to the independent medical referee of withdrawing the appeal within a period of 21 working days prior to the date appointed for an interview or medical examination by the independent medical referee under paragraph 4(2), the Board may require the appellant to pay such sum as it thinks fit, not exceeding the independent medical referee’s total fees and allowances under paragraph 7(1).
(4) Where the independent medical referee —
(a)decides in favour of the appellant; and
(b)does not otherwise direct,
the Board shall refund to the appellant the amount specified in sub-paragraph (5).
(5) The amount is the total of—
(a)any personal expenses actually and reasonably incurred by the appellant in respect of any interview under paragraph 4; and
(b)if any such interview was attended by a qualified medical practitioner appointed by the appellant, any fees and expenses reasonably paid by the appellant in respect of such attendance.
(6) For the purposes of sub-paragraphs (2) and (4) any question arising as to whether the independent medical referee’s decision is in favour of the Board or of the appellant shall be decided by the independent medical referee, or in default by the Department.
Commencement Information
I1Sch. 5 para. 8 in operation at 2.4.2007 with effect in accordance with art. 1(1), see art. 1(1)