15.—(1) Subject to paragraphs (2) and (3), an agreement which requires a contractor to provide essential services must contain a term which has the effect of requiring the contractor to issue any medical certificate of a description prescribed in column 1 of Schedule 1 under, or for the purposes of, the enactments specified in relation to the certificate in column 2 of that Schedule if that certificate is reasonably required under or for the purposes of the enactments specified in relation to that certificate.
(2) A certificate referred to in paragraph (1) must be issued free of charge to a patient or to a patient's personal representatives.
(3) A certificate must not be issued where, for the condition to which the certificate relates, the patient is—
(a)being attended by a medical practitioner who is not—
(i)engaged or employed by the contractor,
(ii)a party to the agreement, or
(iii)a shareholder in a qualifying body which is a party to the agreement; or
(b)not being treated by or under the supervision of a health care professional.
(4) The exception in paragraph (3)(a) does not apply where the certificate is issued in accordance with regulation 2(1) of the Social Security (Medical Evidence) Regulations 1976 M1 (evidence of incapacity for work, limited capability for work and confinement) or regulation 2(1) of the Statutory Sick Pay (Medical Evidence) Regulations 1985 M2 (medical information).
Marginal Citations
M1S.I. 1976/615; as amended by S.I. 1982/699, S.I.1987/409, S.I. 1989/1686, S.I. 1991/2284, S.I.1994/2975, S.I.1999/3109, S.I.2001/2931, S.I. 2002/881 and 2469, S.I. 2004/1771, S.I. 2008/1554, S.I. 2010/137, S.I. 2013/235 and 630.
M2S.I. 1985/1604; as amended by S.I. 1992/247 and S.I. 2010/137.