The Social Security and Child Support (Decisions and Appeals) Regulations 1999

Regulations 1(3) and 35

SCHEDULE 3 Qualifications of Persons Appointed to the Panel

Legal Qualifications

1.  Persons who—

(a) have a general qualification (construed in accordance with section 71 of the Courts and Legal Services Act 1990(1)); or

(b) are advocates or solicitors in Scotland.

Medical Qualifications

2.  Fully registered medical practitioners, where—

(a) the practitioner’s name appears on a medical specialist register maintained in any EEA State in accordance with the Medical Directive; or

(b) the practitioner holds a vocational training certificate or a certificate of acquired rights in an EEA State other than the United Kingdom which must in his case be recognised in the United Kingdom by virtue of the Medical Directive (whether or not as read with the EEA Agreement) or by virtue of an enforceable community right; or

(c) the practitioner does not satisfy the requirements of sub-paragraphs (a) or (b) above, but has not less than 10 years experience in clinical practice, or as a medical analyst or research worker in disciplines which are the same or similar to those undertaken by practitioners to whom those sub-paragraphs apply.

3.  In paragraph 2 above and in this paragraph—

“EEA Agreement” means the Agreement of the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993(2);

“EEA State” means a state which is a contracting party to the EEA Agreement;

“Medical Directive” means Council Directive 93/16/EEC of 5th April 1993 to facilitate the free movement of doctors and the mutual recognitions of their diplomas, certificates and other evidence of formal qualifications(3), as amended by Council Directive 97/50/EC of 6th October 1997(4);

“Vocational training certificate” means a diploma, certificate or other evidence of formal qualifications awarded on completion of a course of specific training in general medical practice and referred to in article 30 of the Medical Directive.

Financial Qualifications

4.  Accountants who are members of—

(a) the Institute of Chartered Accountants in England and Wales;

(b) the Institute of Chartered Accountants in Scotland;

(c) the Institute of Chartered Accountants in Ireland;

(d) the Association of Chartered Certified Accountants;

(e) the Chartered Institute of Management Accountants; or

(f) the Chartered Institute of Public Finance and Accountancy.

Disability Qualifications

5.  Persons, other than registered medical practitioners, who are experienced in dealing with the needs of disabled persons—

(a) in a professional or voluntary capacity; or

(b) because they are themselves disabled.

(1)

1990 c. 41.

(2)

Cm. 2183 and OJ No.L1, 3.1. 1994, p.572.

(3)

OJ. No. L165, 7.7. 1993 page 1.

(4)

OJ. No. L921, 24.10. 1997, page 35.